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Test Case - Unauthorised overdraft charges - update
What is happening?
On 27th July, the Office of Fair Trading (OFT) and eight UK current account providers started a court case to decide on the legality of unauthorised overdraft charges.
The case is being called a 'test case' because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.
Whilst Alliance & Leicester plc is not one of the current account providers directly participating in the test case, this is an issue where our customers, as well as the entire financial services industry would welcome legal clarity. We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year. What will happen to customer requests for charges to be refunded?
Customers who feel they have been asked to pay fees in error should still contact us and their request for a refund will be handled in our normal way.
What will happen to customer complaints about the level, fairness or legality of unauthorised overdraft charges?
We will not be resolving customer complaints on the level, fairness or legality of unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive. Why are you allowed to stop dealing with unauthorised overdraft charge complaints during the test case?
Like every other bank, we applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect a customer's rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk
All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint. Can I make a court claim for a refund during the test case?
Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case. Can I complain to the Financial Ombudsman Service about my bank charges?
The Financial Ombudsman Service (fos) has decided not to review complaints while the test case is running. If you do complain to FOS, you will receive a letter explaining that. What if I have already been made an offer?
We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint. I have already accepted an offer from you. Will my claim be revisited?
If you have accepted a 'Full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount. However, this does not preclude you from asking for repayment of any new charges incurred if the courts find they are unlawful. How long will the test case take?
At this time it is too soon to give any exact timescale's for a conclusion to the test case but it could go for more than a year. The announcements from the OFT and FSA indicate all parties have agreed to conduct the test case in an efficient, prompt and orderly way. Where can I find out more?
We will post updates on the test case on our website to keep our customers informed of progress.
In accordance with the FSA's complaint handling rules, we will write out to customers to keep them advised of progress on their complaint.
Alternatively, you can find more information on the 'test case' through the following links:
The Financial Service Authority www.fsa.gov.uk
The Office of Fair Trading: www.oft.gov.uk
The Financial Ombudsman Service: www.financial-ombudsman.org.uk
It may well be that each Judge -
Local Court handles the pending court dates for claims
in a different manner.
some may wish to go ahead with the hearings, some may not.
we just don't know whats going to happen at this stage.
only time will tell.
I am going to ring my local court tomorrow to get their views
on how they are going to be handling the current situation,
and I will post their views on this thread when I find out their
intentions.
Hi Alice, Hope you had a good weekend too, i did race for life and i've got muscle aches in places that other beers cannot reach!!
I hope your right with the courts, i cant see them staying cases that have nearly finished, The court i go to is'nt too impressed with them anyway, i hope my judge will tell them where to go!!LOL I'll ring the court this week and ask how my case will end up, the courts have written to A&L anyway about them not attending my directions.
Never mind, another day another dollar in interestxx
jx
If this has helped in any way please click on the scales..
Firstly where have I been? Well, if some one tells you that putting a court bundle together is a five minute job, "Eat my Shorts".
I had everything sorted (or so I thought) in folders, decided on Monday, sink or swim, everything is going in next Monday, started at 7am, walked away at 11pm, came back Tuesday morning, same again, started at 7am, but by 11pm I could see that order was starting to show. Came back Wednesday, thinking half a day more and I should be done. No chance, 2 new statements appeared on CAG, I've done the 1st one, do the second over the weekend. Now I've just spent 2 hours sorting what and how many copies have to done tomorrow at Staples, and Wragge's if you are looking in, YOU WILL PAY ME FOR THE TIME, INK, PAPER, ETC, THAT i HAVE WASTED THROUGH YOUR STUBBORNESS!
So Aleece, 1st thing Monday morning I will turn up at the local court armed with one A4 ring binder and two A4 folders and see what happens.
Reynard xxx
I will be back, just having a massage!
oooohhhhh squarebob
please - don't eat your shorts
before you wear them
otherwise they will
most definitely
turn you away from the court
when you turn up with your court Bundle !
Well square. I've got date for Oct 1st but only coz A&L have objected to strike out, put details on site as need help but basis is say local court got no right to ask for details of other cutomers details, Myself and the court have got no case as there is no basis for the order, quoted Berwick case, won't give details to court of list of all claims etc coz of data protection act. Very condensed thing of what put on forum, but hey hoe need to keep the home fires burning and all that. Hope them shorts aren't hawaiian or other strange pattern
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Re: A & L's WEBSITE - TEST CASE - LATEST NEWS
np alice,glad i could help.
lol
