Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1

  2. #2
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    Default Re: Test Case Judgment due 24/04/08

    So its not July then!


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    Default Re: Test Case Judgment due 24/04/08

    I work for one of the banks involved and the message we recieved today is that the outcome posted on thursday will not decide the legality of the bank charges.


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    Default Re: Test Case Judgment due 24/04/08

    Well, Jay, since the banks haven't seen the actual verdict yet, no one really knows. However, it will decide some preliminary issues, at the minimum.

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.

  5. #5
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    Default Re: Test Case Judgment due 24/04/08

    Quote Originally Posted by Jay... View Post
    I work for one of the banks involved and the message we recieved today is that the outcome posted on thursday will not decide the legality of the bank charges.
    It was never intended to, that will be the next round of litigation, if the first part goes our way.

    If I have been helpful please click on my star and add a comment.

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    Default Re: Test Case Judgment due 24/04/08

    Quote Originally Posted by tomterm8 View Post
    Well, Jay, since the banks haven't seen the actual verdict yet, no one really knows. However, it will decide some preliminary issues, at the minimum.
    that is what they have said, it will sort out some of the smaller issues (I would think what banks are allowed to charge from now on perhaps) and then debate it further regarding the refund of previous charges


  7. #7
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    Wink Re: Test Case Judgment due 24/04/08

    Fingers crossed!

    As I understand it, the sole issue to be decided when Mr Justice Smith hands down his judgement is whether the UTCC applies to bank charges (Penalty charges and/or Service Charges (I love that expression!). It is the OFT's and our own contention that it does.

    H


  8. #8
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    Default Re: Test Case Judgment due 24/04/08

    Well as Gordy appears to have loaned the banks 50 squillion of our money it would seem that any rebates will in actual fact be funded by us....which means we will be paying ourselves with our own money..............should tell Gordan to cut out the middleman & just give it directly to us


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    Default Re: Test Case Judgment due 24/04/08

    More here.

    If I have been helpful please click on my star and add a comment.

  10. #10
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    Default Re: Test Case Judgment due 24/04/08

    You know this is all so amazing (or not!) ...
    Let's try and swiftly 'nutshell' all the facts. We started to oppose through courts the charges made by banks. The county courts started to get unnerved because their budgets and time don't allow for this type of thing. Someone (quietly) approaches the OFT and aks them to step in. They overview the whole procedure and involve the FSA who then issue a 'stay' to banks (and courts) for a year. The views are obviously 'let's make the banks work as they've basically [EDIT] from 'free' banking customers relentlessly' for many years' ... or ... (more probably) 'Damm the financial institutions, our friends (remembering all these people are ex banking personnel), want help so lets see what we can do for each other'.
    GB now offers to trade (dodgy chosen by the banks themselves,) mortgages as security for cash flow to a maximum of 50 billion GBP. This is the equivelent to roughly £800 per adult legally registered in the UK. Now where did all that cash come from one might ask on top of the £400 per adult already 'squandered' for Northern Rockicon. Hang on a secnd the comment was that Northern Rock's Directors 'failed' in controlling their funds so one can assume the same for the prospective ailing (yeah right!) financial institutions.
    Dare one ask what happened to the billions we not long ago started to weiry of hearing that these same 'comedians' made?
    Now on another 'harsh note' I'll mention that personally I'm employed full time. Okay, I get quite well paid BUT I don't have a pension scheme nor private medical healthcare either from my employers. Most financial institution people do at just about every level! I don't get bonuses each year nor live in some mansion. I wonder how many of the people employed in those companies will be taking a pay cut or even no pay rise? How many directors will give up their share issues for a year or their company cars or even go to a lower valued vehicle? One cannot argue the fact that their prime staff will seek other work because they are now all in the same boat.
    Heck I could go on for ages about this but in the end of the day the same people win and lose. Somehow I feel on the losing side of all this!
    Michael


  11. #11
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    Default Re: Test Case Judgment due 24/04/08

    I second that Micheal

    Hopefully one day the presently supine taxpayer will say enough is enough & run these bums owtta office


  12. #12
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    Default Re: Test Case Judgment due 24/04/08

    Quote Originally Posted by InformedSearcher View Post
    You know this is all so amazing (or not!) ...
    Let's try and swiftly 'nutshell' all the facts. We started to oppose through courts the charges made by banks. The county courts started to get unnerved because their budgets and time don't allow for this type of thing. Someone (quietly) approaches the OFT and aks them to step in. They overview the whole procedure and involve the FSA who then issue a 'stay' to banks (and courts) for a year. The views are obviously 'let's make the banks work as they've basically [EDIT] from 'free' banking customers relentlessly' for many years' ... or ... (more probably) 'Damm the financial institutions, our friends (remembering all these people are ex banking personnel), want help so lets see what we can do for each other'.
    GB now offers to trade (dodgy chosen by the banks themselves,) mortgages as security for cash flow to a maximum of 50 billion GBP. This is the equivelent to roughly £800 per adult legally registered in the UK. Now where did all that cash come from one might ask on top of the £400 per adult already 'squandered' for Northern Rockicon. Hang on a secnd the comment was that Northern Rock's Directors 'failed' in controlling their funds so one can assume the same for the prospective ailing (yeah right!) financial institutions.
    Dare one ask what happened to the billions we not long ago started to weiry of hearing that these same 'comedians' made?
    Now on another 'harsh note' I'll mention that personally I'm employed full time. Okay, I get quite well paid BUT I don't have a pension scheme nor private medical healthcare either from my employers. Most financial institution people do at just about every level! I don't get bonuses each year nor live in some mansion. I wonder how many of the people employed in those companies will be taking a pay cut or even no pay rise? How many directors will give up their share issues for a year or their company cars or even go to a lower valued vehicle? One cannot argue the fact that their prime staff will seek other work because they are now all in the same boat.
    Heck I could go on for ages about this but in the end of the day the same people win and lose. Somehow I feel on the losing side of all this!
    Michael
    SO SPOT ON!!!


  13. #13
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    Default Re: Test Case Judgment due 24/04/08

    "I work for one of the banks involved and the message we recieved today is that the outcome posted on thursday will not decide the legality of the bank charges"

    It never was going to decide the legality.

    The case was about whether the OFT had the authority to decide if these overlimit charge [problem]s came under the UTCCR 1999.

    That is all.


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    Default Re: Test Case Judgment due 24/04/08

    UK bank assets 2008


    Bank Assets (£billion)

    HSBCicon Bank £662.710
    Royal Bank of Scotlandicon £583.467
    Barclaysicon Bank £522.089
    HBOSicon £442.881
    Lloydsicon TSB £279.843
    Standard Chartered £73.543
    Alliance & Leicester £49.967
    Northern Rock £42.790
    Co-operative Bank £39.000
    Bradford & Bingley £35.458


    TOTAL £2731.748 billion






    ..........errrr....... can someone explain to me again..... why do they need to borrow £50 billion ????

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    ARE YOU A BUSINESS CLAIMANT?
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    All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional
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  15. #15
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    Default Re: Test Case Judgment due 24/04/08

    From debtwizard.com

    > Bank charges test case - decision due Thursday 24th April 2008

    Personal current accounts - UTCCRs investigation and test case.

    The personal current accounts market study provides the context for the OFT's Unfair Terms in Consumer Contracts Regulations (UTCCRs) investigation into the fairness of the level and application of unauthorised overdrafticon charges and returned item fees.

    The High Court test case, which is a key part of the investigation, is seeking to establish the preliminary legal principle of whether the provisions of the UTCCRs that deal with unfairness apply. It will also address the additional point of law of whether the charges can amount to penalties at common law. The hearing lasted from 17 January to 8 February.

    It has been announced that judgment in the High Court test case will be handed down on Thursday 24 April.

    Please note that this may not necessarily be the end of the issue, either party will need time to review the judgement and respond, for example by way of an appeal.

    Source – www.oft.gov.uk



    Regards,
    Mike - Debtwizard.com


  16. #16
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    Default Re: Test Case Judgment due 24/04/08

    "..........errrr..... .. can someone explain to me again..... why do they need to borrow £50 billion ????"


    Hmmmmm...not sure- maybe they're going to have to repay an awful lot of unlawful charges in very near future?


  17. #17
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    Default Re: Test Case Judgment due 24/04/08

    Quote Originally Posted by noomill060 View Post
    "..........errrr..... .. can someone explain to me again..... why do they need to borrow £50 billion ????"


    Hmmmmm...not sure- maybe they're going to have to repay an awful lot of unlawful charges in very near future?
    So if they are forced to pay back what some have estimated could amount to £2.7 billion, then that would only leave them with £2729.48 billion !!!!

    Poor things !!

    That means, if this is their underlying hidden agenda and raison d'etre for requiring the loan, then they are asking for the taxpayers to have a whip round for over 25 times what they may have to fork out.

    ---------------------------
    ARE YOU A BUSINESS CLAIMANT?
    CAG NOW HAVE A BUSINESS CLAIMS FORUM !
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    CAN'T FIND WHAT YOUR LOOKING FOR?
    Look here.

    Got your old T&C's ?
    Visit this thread to help others.

    -----------------------------
    All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional
    ...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

  18. #18
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    Default Re: Test Case Judgment due 24/04/08

    Quote Originally Posted by noomill060 View Post
    "..........errrr..... .. can someone explain to me again..... why do they need to borrow £50 billion ????"


    Hmmmmm...not sure- maybe they're going to have to repay an awful lot of unlawful charges in very near future?
    Hmmmm......so we will be paying ourselves back with our own money.............that's government economics for you


  19. #19
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    Default Re: Test Case Judgment due 24/04/08

    "So if they are forced to pay back what some have estimated could amount to £2.7 billion..."

    Its going to a damn sight more than that when you calculate all the compound interesticon unlawfully levied.

    And when pre-6 year claims are added....


  20. #20
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    Default Re: Test Case Judgment due 24/04/08

    I think you may be getting a bit ahead of yourself here



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