OFT test case

[JOSH_IOU]

naf west

[ohoh4312]

Interesting reading:

 

BBC NEWS | Business | Judge mulls bank fees case ruling

 

Digest and discuss!

[tomterm8]

It sounds like it will take quite a while for him to come to a decision. Which will, in any case, be appealed.

[smutley]

Interesting reading:

 

BBC NEWS | Business | Judge mulls bank fees case ruling

 

Digest and discuss!

 

 

Mr Justice Smith said he hoped his eventual judgement would give some guidance to county court judges.

"There is every indication that my findings will translate to the historic terms," he said. "That could mean a decision on the historic terms in very short order - maybe within a month [of my decision]," he added.

 

Hopefully that means all of us who have been on hold since last July!!

 

In court, several bank barristers expressed unease that Mr Justice Smith's eventual findings might leak out in the time between him circulating a draft ruling to the parties to the case, and handing down his final public decision.

 

So. the banks feel that they have something to worry about! Sounds like its going to be in our favour! 8-)

[wee_student_saver]

Wonder how long it will take.

 

Out of interest, do you think if you don't have your claim in already, you won't get anything, should it be decided that we should?

 

I mean could the judge say, yes if you've applied up until this date your case can be unfrozen but any new ones will be exempt?

[smutley]

It would depend on the judges final judgement, which we will have to wait on.

 

Reading from other sources, it seems that the judgement will be on current t&c's which will also cover the historic

[wee_student_saver]

Think I might get my claims in now, just to be sure.

[smutley]

Yes, I would agree with that and dont forget to check out if you are exempt from court fees

[wee_student_saver]

I had no idea I could check that! Will do, thanks for your help!

[african_igbo]

ummmhh so just to recap does it look good for us even if there is a cap of £12 reduction that they can charge for example say £30 bank charge is a fair by me but a s long as I can include the s69 interest will compensate for that - Lets get the win pleeeeazzzz.

[JOSH_IOU]

I will say it again If it is a public hearing sounds like it is not.

 

The so called leak comes from the judge.

 

There is no leak its the opinion of the judge. Who has a bank account to.

[JOSH_IOU]

EDIT letter will get there Monday They have until the 16th to respond.

 

I am also claiming damages of stress and sleepless nights which has been reported in my medical files and other charges at the judges discretion. (isnt that kind of me)

[JOSH_IOU]

who's the sexy blond?

Any one we know?

 

BBC NEWS | Business | Banks branded 'vexatious defendants'

[mailmannz]

Using my super human skills of observation and powers of deduction I have come to the conclusion her name is Maria Dobson, who won nearly £4,000 from the Abbey!

 

Regards

 

Mailman

[JOSH_IOU]

Ya i meant her user name on here rofl

[photoman]

After all the concerns about the choice of venue, and the ludicrous restrictions upon access for the Press and Public to attend and witness proceedings during the OFT case, I wrote to my MP.

 

Today, I received this reply:

[JOSH_IOU]

lets look at the banks defence a lil more closely.

 

By opening the account with the bank, The customer enters into a comercial arrangement with the bank for the provision of banking services.

 

The bank is entitled to charge for those services. At account opening the customer is provided with details of of the bank charges. currently in a leaflet guide to our banking charges.

 

By using the account the customer acknowledges that the charges are incorporated into the contract. For personal customers a number of services are provided for free notwithstanding that they are an expense to the bank. Such Services presently include but are not limited to

 

Cheques

Bank statement's

The facility to make payment's by direct debit and standing order

debit cards

ATM's (cash machines

[JOSH_IOU]

yes this is a commercial contract.

 

This is a Basic account the services are free.

 

Yes the charges are incorporated into the contract.

[JOSH_IOU]

The Direct debit transaction was accepted then it was returned.

 

Please understand the transaction was accepted then it was returned.

 

If the bank did not want to incur charges for the transaction they "would not" have agreed to the transaction in the first place.

 

The bank accepted this responsibility when the transaction was approved this is nothing more than a lucrative money making scheme.

[JOSH_IOU]

I can not see how banks under its present terms and conditions can charge me a single penny.

 

 

MODERATOR'S NOTE.

Please do not post libellous remarks on this site.

[JOSH_IOU]

libellous comment!!!! when did i post one of those ??

 

I have backed my claims up this is not a libellous comment

[JOSH_IOU]

Theft Act 1968

Section 3 "appropriation" which occurs when the defendant wrongfully asserts the rights of ownership over the property. This can be by physical taking, but it will also include many different situations (i.e. a failure to return or omission) in which a person may have lawfully come into possession of the property and then keeps or uses the property in an unauthorised way;

[JOSH_IOU]

I have no doubt if applied correctly the direct debit charge is unlawful.

 

However Lloyds TSB are currently not applying these charges correctly.

[JOSH_IOU]

relevance to this thread.................

 

The Office of Fair Trading: What is a cartel?

[JOSH_IOU]

Please forgive me for taking over this thread.

 

I dont see hoe this can cause problems for cag.

 

CAG is one of the groups in this test case.

 

if you clearly read and understand my posts then you will see how a true charge is applied. And how the current charge scheme can not be legal as it amounts to appropriation.