OFT test case and what to do after

[elseg]

I am probably being really dim, but have this damned bug thats going round....

 

My case has been stayed until the OFT test case is done - and I have a couple of questions.

 

When is this case starting, I thought it was pretty soon. Also what do we need to do once it is underway, regarding the stayed cases, and getting them up and running again.

 

I am hoping that the court will rule the charges unreasonable, and that they will set them at a certain level, and then we can claim for the difference between the new amount and the original amount (I am assuming thats how it will work)

 

Obviously since then they have introduced these new charges, which is some cases seem to work out much higher (although at first glances they seem less). Is it reasonable to keep a track of any charges made since they stayed the case, and ask for these to be taken into consideration as well, as had the case been let to run, the charges would not have occurred. I know that generally a new claim would need to be started, but was just wondering if they would allow any leeway given that the case was stayed...?

 

Thanks

 

E

[maroondevo52]

Hi, elseg.

 

The test case has been set to start on the 14 January, 2008, and is expected to last for 8 days. The date that the judgment is published is a matter for the Court.

It is quite normal for there to be a gap of a number of weeks in between the conclusion of a case and the publication of the judgment. Barclays and the other banks and one building society involved in the test case have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way.

 

I hope that after the 'test case' the stayed claims will be un-stayed(is that a word?) and you will just carry on with your claim.

 

Regards.

 

Scott.

 

 

 

[african_igbo]

Thanks for the info but thus I assume that the local courts will have to re arrange a new court date for us all, which to be honest is a appalling as I paid for a court date at end of July for a Court date in November 2007 and thus stayed to Test Case then wait for another date - What a back log thats going to be - for the lay person this is outrageous to say the least.

 

They got the claim from the Courts as "Defendants" - we win pay out we lose end of claim - bye bye Court Fee simple.

 

Cheers

[Bookworm]

I paid for a court date at end of July for a Court date in November 2007

But you didn't. You paid a fee to have your case heard in court, with no guarantees of a date.

 

I would imagine that on conclusion of test case, the courts will not re-arrange individual court dates, instead either making a decision of their own accord to lift the stay and giving judgment one way or another, depending on the test case's outcome, or organising block hearings like some used to do.

[HONESTKNOB]

I'm a little confused. I thought it would be months or years before the test case would be finished and we could start claiming again??

Are you saying it could be weeks??

[Bookworm]

Who's saying that? I certainly don't believe that, no. I am convinced that it will get dragged on for as long as humanly possible, (based on previous encounters with the banks ) although I would be delighted to be proven wrong.

[african_igbo]

Bookworm thanks for heads up Well I paid for it to be possible heard in "Court" with no guarantees - Thats definitely how the legal system favors the high and mighty.

Never less thanks lets see what transpires on the 14th Jan 2008.

[elseg]

any idea how long the credit card one lasted? can we make a wild guess that the duration may be similar.

It would be fantastic if the courts did just make an all encompassing decision on all pending cases....

[Rhinoagainstcharges]

just wondered if anyone could hazard a guess what will happen once the oft case is decided. Presuming the Bank's lose i would imagine they will be directed to repay all the unlawful charges or at least a percentage of them. However, what about interest, will those that have claimed get the 8% and those that have not just get the basic sum. Also what about the over 6 years issue and claims for compound interest/wasted costs claims. it seems to me these issues are not covered by the oft case. I am asking as obviously i want the maximum sum possible out of this.

[Bookworm]

any idea how long the credit card one lasted? can we make a wild guess that the duration may be similar.

It would be fantastic if the courts did just make an all encompassing decision on all pending cases....

 

There never has been a court case about credit cards, only a report by the OFT in April 06.

[BankLover_not]

Hi Guys,

 

I may be sounding a little dumb here, but we are now the 10th January 2008 and I have heard no sounds nor have I seen any movements whatsoever either in the media, on consumer action websites or the OFT website that this case is starting anytime soon. Just to point out the OFT did indeed list a date on their website for the commencement of the test case as being the 14th January 2008. However I note it now says a window is available between the 14th January - 28th February 2008.

 

Does anybody know what will be the most reliable means of finding out when this case is actually starting?

 

BankLover_not

[rosie&jim]

Good Morning,

 

Both my Claims Cases have been delayed until the 28th February according to the letters I recieved from Huddersfield County Court. I was unaware of the date being any sooner - it is best to think that you may get a decision by the end of this year - whether that be in your favour or not. That way, you become less dependant on a windfall.

I was relooking at the info from this valuable site, and I picked out the point that it is best to continue to keep dialogues open with those you are claiming from. They will more often than not ignore you, but when the case does come to Court, the Judge can see that you have tried, and the banks have ignored. Another brownie point for you.

That's my intention today, is to up date my letters to the banks, offering them a pay now and save court costs and valuable court time.

I am also writing to Littlewoods to ask them to provide written proof that I agreed to their insurances, as I deny this, and they continued to deny that I could cancel it.

KEEP THE FAITH - THE BRITISH JUDICIAL SYSTEM IS THERE TO SUPPORT US - RIGHT????

[elsinore]

 

Does anybody know what will be the most reliable means of finding out when this case is actually starting?

 

Wednesday 16th January 2008, 10.30am, at the Royal Courts of Justice.

 

The case is expected to end on 28th January 2008 but a judgment is not expected until May.

 

Els:)

[hatcher56134]

I want to start a new case against Barclays - I'm up to the point in the process to submit my claim form to the courts. Can I do this now or do I have to wait for the test case to be over?

Presumably I can submit it, and then it will be stayed, but that's still one step forward when a judgment is finally given. Is this correct?

[maroondevo52]

Presumably I can submit it, and then it will be stayed, but that's still one step forward when a judgment is finally given. Is this correct?

 

Spot on, hatcher. Get to the front of the 'we want our cash' que.

.

 

Regards.

 

Scott.

 

[HONESTKNOB]

So if Judgement is given in may, is that when claims can continue through courts if judgement goes our way?

[elsinore]

If judgment is given in May and if it's in our favour, then yes!

 

But that's two too many ifs for me, HK. Nobody really knows what's going to happen. Many people think that the banks will appeal a judgment against them and the whole thing would then drag on indefinitely.

 

Els

[maybelline]

it is now 16th isnt it, just had an update but scandalously only room for 11 members of press and public?!

[fzrkitten]

Hi,

 

See this other thread as well - Oft Test Case News! It has some links to other news as well.

 

Can anyone confirm this - What I would think about is if your case is only stayed til half way through this test case (as some people have said February), do you need to appy to the court again to keep your case in court after that date?

 

The judge I sat in front of last year stayed my case til July this year, but if that was before any outcome of the test case then I myself will have to go back to the court to keep the stay in place, and not get my case thrown out as it were.

 

I think we just all need to still be on our toes, and check perhaps?

 

Any thoughts?

 

Fzrkitten.

[fzrkitten]

Found this news item from yesterday or so, just loved the name of the QC acting for Lloyds, and the one for the OFT. Noted that they both work at the same place?

 

City elite battle OFT in overdraft fees test case - Legal Week, legal news, comment, events and legal jobs

 

Fzrkitten.