Thread: Have we lost at all?

Originally Posted by GuidoT

All that has been lost for now is the OFT's right to decide on fairness.

No one has decided if the charges are fair or otherwise.

We all know the charges are unfair.

It could be a bit of a stalemate.

If the OFT do not take the matter further (regulation 5 or whatever) where does that leave us? The stays should then be lifted then and we are then back to where we were 2 or so years ago. If this were going to be the case then I hope the OFT just give up (like they did with the penalty argument).

In terms of our held claims we still have valid claims, we have probably lost the penalty argument, but we still have UTCCR.

If the OFT take things further then the stay should remain pending the outcome of that, but it will take years more.

I am sure there will be several possible outcomes, non of which I will able predict accurately.

I am so peeved that we waited 2 years for effectively nothing, so much so that I have only just managed to make the effort to go to work.

In light of the Supreme Court’s judgment today in the bank charges test case the Financial Services Authority (FSA) can confirm that its waiver has now lapsed.
the waiver was granted during the test case so that firms did not have to deal with complaints about unauthorised overdraft charges in the eight-week-period required under FSA rules while the outcome of the court case remained unclear.
Firms can now resume processing consumers’ complaints in accordance with the FSA’s complaint handling rules.

Looks like the Bank forums are going to busy again - normal service resumed.

Would people who just used the penalty argument in the POC's be advised to ammend via N244?

I have a slightly unusual situation in that I claimed my bank charges an it was successful through the court however, the court failed to pass on important information to the bailiffs when I applied to have the order enforced.Where does that leave me I wonder? Anybody got any ideas!

Mike

Just called DJ listings at Central London county court telling them that I wished to pursue my claim now that the stay had been lifted and what should I do in respect of ammending my POC and ensuring that my case doesn't get struck off in light of the Supreme Court Ruling?

The guy I spoke to didn't seem surprised to hear that I was continuing, but said that I needed to act quickly in order to avoid a District Judge striking it out. Likewise if I need to ammend the POC that needs to be done sooner rather than later.

I think everyone with a stayed case needs to make that call now and at least give the court system some indication of what they've been let in for.

I've just my local county court to be told that there is no one there who can help me today and that I will get a call back. However, the incompetent who I initially spoke to could barely speak English and gave me a lot of inaccurate information. I suggest that anybody who calls their county court, be persisant!

I've just read the order. How about a translation in crystal clear English.

Mike