Thread: The OFT Case

do we have an update on what is happening???

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• So who has won a case since this OFT test case announcement?

Decision is not expected until May.

Both sides are pretty much expected to appeal whichever loses, in which case it is unlikely to be a final decision until what? End 2009 if we're lucky?

It's not as simple as every case/defence gets thrown out automatically, no. For starters, this case hinges on the UTCCR, so any case which has used common law as well as/instead of the UTCCR (business claims for example, where the UTCCR do not apply) would in theory not be relying on the test case decision. However, the banks having also asked the judge for a declaration that the charges are not penalties, THAT part is very relevant to most cases as once a precedent is set, the county court judges will then have something to decide there and then which way to go. How each court decides to then handle the bulk of their stayed cases is up to them, some will still favour the individual handling, some which used blanket decisions before no doubt will do the same again.

It is unlikely that the courts will allow any case to proceed until all appeals have been heard and dealt with.

Thank you bookie nice to see your still here:grin: Old Faithful

Shame they are not as quick to jump on the backs of banks as they are with mobile phones (news earlier tonight).

Not that mobile company's shouldn't be jumped on

t is unlikely that the courts will allow any case to proceed until all appeals have been heard and dealt with.

MR JUSTICE ANDREW SMITH: It might even be that if the residue is very small, or a particularly unusual account, one would say that that would best be dealt with in the county court in light of the guidance. But even in cases I would hope that my judgment will, subject to appeal, provide the guidance.

I would say that that means 'unlikely'.

Originally Posted by fergal71

what news about mobile phones?????

There was something on the 6 O'Clock news about mobile contracts i heard the highlights but missed the actual article sorry

I think it may be this: BBC NEWS | Business | Q&A: Mobile mis-selling

Like trolls, it seems that the mobile phone companies don't know how to engage in polite converstation either!

Can somebody who knows for sure please post a concise and up to date status please?

Thanks in advance

Originally Posted by Bookworm

Decision is not expected until May.

Both sides are pretty much expected to appeal whichever loses, in which case it is unlikely to be a final decision until what? End 2009 if we're lucky?

It's not as simple as every case/defence gets thrown out automatically, no. For starters, this case hinges on the UTCCR, so any case which has used common law as well as/instead of the UTCCR (business claims for example, where the UTCCR do not apply) would in theory not be relying on the test case decision. However, the banks having also asked the judge for a declaration that the charges are not penalties, THAT part is very relevant to most cases as once a precedent is set, the county court judges will then have something to decide there and then which way to go. How each court decides to then handle the bulk of their stayed cases is up to them, some will still favour the individual handling, some which used blanket decisions before no doubt will do the same again.

Hi Mr Rhodes
Assuming you mean bank charges and not mobile phones as this thread is about the OFT case, I would refer you to an earlier post of bookie's. All the mods and site admin and helpers can be relied upon to provide up to date information.
The situation won't change until May at latest.
Hope this is helpful.

Sorry Gez, my post took a while to get through. Cheers, Kenny!!

Thanks for the concise update.

It looks like it will be a long wait either way. On the upside the interest is still accruing? Surely the banks will be aware of accruing interest on these claims?

Just like their illegal and unfair charges, it will all add up to a vast sum!

Are we being taken for a ride here?

You might well say that Mr Rhodes, but I couldn't possibly comment!

another £150 in charges for me in the past 6 weeks or so from Barclays.

Originally Posted by Mr Rhodes

On the upside the interest is still accruing?

Yes.

Surely the banks will be aware of accruing interest on these claims?

Oh yes.

Just like their illegal and unfair charges, it will all add up to a vast sum!

Yes and no. a) The 8% allowed by the Courts is considerably less than the round 30% unauthorised o/d interest they charge, which most people won't know or can't be bothered to reclaim, b) For the people who haven't filed their claims at court, the clock is still ticking on the 6 years limit and so many charges will no doubt be falling by the wayside, c)the interest they are making on the money they are not having to repay at the moment and lending it at higher interest instead should more than cover the interest they will have eventually to pay... If they lose, that is, because of course, they are probably hoping that they will win, in which case, the whole interest question becomes a very moot one anyway. :-|

Yes Phantom, it's a personal decision, but, for what its worth, I would do it myself.

They are still unlawful charges and all the banks paid out trying to prevent a case going to court.

Best of luck and kind regards, Kenny


PS love the avatar, one of my favourite classics!!