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fsa waiver

The FSA has granted a waiver to the finance industry in respect of bank charges claims. The waiver has been in place since July 2007 and will continue until the OFT test case is decided.
The OFT test case will be heard by the House of Lords in June 2009. We are likley to get a decision before the end of the year.

Under FSA rules, banks must normally deal with all complaints within 8 weeks. The FSA waiver has allowed banks to put bank charges claims on hold pending the outcome of the Test case.

The FSA waiver is expremely one-sided as it allows banks to put claims on hold but it allows banks to continue levying charges. It also allows banks to continue enforcement action even in relation to disputed bank charges.

The FSA waiver has been assisted by a general stay on charges-related County Court claims.
You are still permitted to begin a County Court claim for the refund of your charges but your claim will be put on hold pending the outcome of the OFT test case.

Despite this, we recommend very strongly that you begin a County Court claim now!!
If you are on benefits, you will not have to pay court fees. You should start a County Court claim to recover your money straightaway.
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