OFT test case

[JOSH_IOU]

A good argument for having another account, somewhere else, to have benefits paid into

 

 

When were they written?

[JOSH_IOU]

are mp's exempt from the Freedom of Information Act ?

[dave]

Yeah, saw that some time ago.

 

I was in the Czech republic last year and it was just starting to get off the ground then.

[nobodys fool]

are mp's exempt from the Freedom of Information Act ?

 

I recall that they were trying to get something through to limit how it applied to them, last year

 

...can't have the electorate knowing what they actually do

[JOSH_IOU]

Wasn't sure if the bill made parliament.

[dave]

They are not exempt yet I don't think, however, they can charge the cost of gathering the information from you.

 

I tried a FOI request to my local council to find out where the council tax goes. They replied saying that they don't know (??????!!!!), but if I wanted to pay the 90k to investigate where it goes, then they would let me have the information in due course.

 

Freedom of information - yeah, right. Nothing more than another soundbite.

[nobodys fool]

Says a lot for their financial management!

 

They have a budget and a legal duty to keep financial records... so that response is "unsatisfactory"..

If they can't provide it the national audit office needs to know...

[JOSH_IOU]

They can't charge you more than £500 for a FOI request.

 

Do what I do. (They stopped asking me to make excessive fees for the info)

 

Put a time frame on the request.

 

Ask for the full lot.

 

Then say they can't charge more than £500 for a FOI request. Say you appreciate there staffing cost but if they ask you to pay the £500 bonus then you will ask for this in portions.

 

Then say they will be saving staffing time and costs if they respond in full.

 

 

Will take a few attempts and they might put copy writing on it. Just means you cant make a profit off it. (fine for CAG)

[dave]

Fine by me!

 

Shows you what they know (or try on).

[Justforfun]

But the one that beats all the rest was

 

 

The personal loan account report confirms your standing order was cancelled on 26th march 2007, as insufficient cancellation notice was given the payment was still requested. as funds were not available in your bank account cover the final loan payment a £39.00 fee was debited on 9th april 2007. i am unable to establish who cancelled this payment therefore as a gesture of goodwill i will arrange for the charge to be refunded upon completion of the enclosed acceptance form..

[JOSH_IOU]

But the one that beats all the rest was

 

 

The personal loan account report confirms your standing order was cancelled on 26th march 2007, as insufficient cancellation notice was given the payment was still requested. as funds were not available in your bank account cover the final loan payment a £39.00 fee was debited on 9th april 2007. i am unable to establish who cancelled this payment therefore as a gesture of goodwill i will arrange for the charge to be refunded upon completion of the enclosed acceptance form..

 

 

A data access processing breach possibly?

[Justforfun]

A data access processing breach possibly?

 

The £39.00 was credited to the account and i didn't sign anything...what i did do was phone the directors office and say who cancelled the standing order it wasn't me as i was on holiday ..then i followed and thanked them for the letter saying failed payment of £62.73 when infact the outstanding balance was £62.45, and would they like to explain where the manual intervention had taking place for the the fee,or even better would the finance director like to explain to me why his sig is on a letter which is completely incorrect, the declined to answer

:D

[photoman]

Barclays have started their defence;

 

Review here on the BBC:

BBC NEWS | Business | Barclays begins charges defence

 

I particularly like the Gem:

"Mr Milligan said that anything related to the price of running a current account could not be challenged under consumer regulations."

 

....er, so as consumers we should not be afforded ANY protection under consumer law, and the Banks should just be left to regulate themselves eh?

 

PM

[Bookworm]

I knew it - it's all CAG's fault - and you, Booky, you're the main instigator of my brainwashing & addiction! () There must be a claim to be made there somewhere...... :D

 

Cheers

Michael

Recruited 3 more today - DD's manager (she'd asked me to come talk to him, he was going to pay his SOLICITOR to do it! ), and the 2 chaps at Virgin Mobile when I went to sort out my SIM card.

[MARTIN3030]

Regarding comments about council finances....its been reported today that Councils now make more money on School dinners and parking charges than they do on council tax.......

 

 

BBC NEWS | UK | UK Politics | Council charges 'raise £10.8bn'

[JOSH_IOU]

hmm maybe i have a point?

 

bill of rights act .....

 

Where was this reported?

[MARTIN3030]

Link in thread above.

[JOSH_IOU]

lol ok seen the link amongst your signature

[JOSH_IOU]

These charges are written in law and they have permission from parliment to charge that amount.

 

Been there done that got the t-short and the email

[Son of Shoestring]

and why a further test case for bank account's?

 

The oft have already ruled they wont chase penalty charges over £12.

 

I don't see the difference between a bank account and a credit card.

 

Would you be kind enough to elaborate on the OFT's ruling above about the £12. charge... I'v been absent from the forum for several months and must've missed that.

 

Thanks.

 

Shoestring

[JOSH_IOU]

Would you be kind enough to elaborate on the OFT's ruling above about the £12. charge... I'v been absent from the forum for several months and must've missed that.

 

Thanks.

 

Shoestring

 

 

Hi

 

Try this link below

 

 

 

The Office of Fair Trading: Current credit card default charges unfair

[Bookworm]

But speaking for all the banks, Mr Milligan argued that this approach was invalid, as the Unfair Terms regulations - which derive from a European Union directive - had now supplanted the common law relating to penalties in this area.

It has? Since when?

 

You know what he's trying to do here, don't you?

If the OFT were to lose on the UTCCR and therefore them having jurisdiction, we could still go to court on common law. If he manages to slip that one past the judge in the decision that the UTCCR somehow supercedes common law, or manages to get the 2 of them somehow inextricably linked, it would then make it a lot harder to do.

[JOSH_IOU]

An unfair term in a consumer contract is not binding on the consumer. However, a number of credit card issuers have disputed our view on how to calculate fair default charges and only a court can finally decide the issue. If you want further advice about your rights and obligations under your credit card agreement, you should seek independent legal advice

[car2403]

An unfair term in a consumer contract is not binding on the consumer. However, a number of credit card issuers have disputed our view on how to calculate fair default charges and only a court can finally decide the issue. If you want further advice about your rights and obligations under your credit card agreement, you should seek independent legal advice

 

Agreed - even a declaration that the charges are within the remit of the OFT and them setting a level they deem fair is a decision that can be challenged in front of a Judge.

[JOSH_IOU]

So is the oft ruling Final?