Bank claims may resume in courts, BBC News, 05/02/08

[Bookworm]

BBC NEWS | Business | Bank claims may resume in courts

 

By Ian Pollock

Personal finance reporter, BBC News

[Bookworm]

"May"... Not "will"... I can't see that happening, somehow.

[Guest vortex]

I think that the reason is that some courts imposed a stay until February and some until the judgement of the court. The question of when this will be interpreted, ie Judge Smith's decision or the final final judgement after the appeals process is not clear. Another issue as to the advice for the County Courts that the Judge in the OFT test case may have to make.

[Bookworm]

Exactly. But considering that the reason for the stay was to bring clarity and uniformity to the SCC system (allegedly ), it would make no sense for them to be allowed to resume now before the whole issue has been decided. If claims are allowed to be unstayed now, it would show the whole thing to have been nothing more than a stalling tactic, as what is there now that is more helpful to a county court judge than was 6 or 8 months ago?

[Guest vortex]

Can you clarify SCC?

I think you are saying that it was done to bring uniformity to the County Court system in terms of judgement. Right?

If they then allow cases to go ahead we then have the same situation as 6 to 8 months ago when one judge may have one judgement and another one may think differently. Right interpretation of your post?

[Bookworm]

SCC = Small Claims Court, yes, sorry.

 

And correct interpretation, yes. I know the current case is about whether the UTCCR apply and therefore whether the OFT has jurisdiction, but in reality, I'd take a bet that very few judges will be prepared to move on this until the UTCCR, the declaration and the appeals are all done and dusted.

[JGJ]

IMHO.

The courts system and the D.Js. have been in total despair re the bank charges re-claims and it would serve absolutely no purpose at all to re-start the claims hearings, (Claims should of course carry on being filed) until after ALL the hearings and appeals have been spent. D.Js have come no further forward and would not make an individual decision until after appeals etc. BANKS however could negotiate to settle out of court honourably and morally, but what has honour and morals to do with the way the banks have been behaving with OUR monies. BOOKWORM I accede to your guidance and wisdom. "EXEMPLO DUCEMUS"

[Bookworm]

Alenda lux ubi orta libertas.

[Michael Browne]

No lifting of stays, by the look of it:

BBC NEWS | Business | Bank charge cases 'need freezing'

[mrsfoot]

I do not personally see how they can lift the stays when no decision has been made. Justice Smith has clearly stated that he has no reason to lift the stays nor any jurisdiction over county courts continuing with a claim if they felt it warranted the hearing before the result.

 

Lets look at the evidence:

 

Not lifting the stay

1. Banks remain in control of the cases

2. FOS refuse to take cases further

3. Banks keep all that money being squirrelled away for the repayments, making more money in interest

4. Banks are going through a rough time with "problem customers" and "sub prime borrowers" and money has been lost through deals with both classes. If they have that money left in the coiffers a little while longer (lets remember the banks use the money to investand earn money) then they can recuperate some of those losses.

5. District Judges can be better guided on the whys and wherefores of the claims leading to correct outcomes

 

Lifting the stay

1. It restores the justice balance and allows the courts to possibly making the wrong decision

2. Banks will return to "defending claims" paying GWG then placing pressure on claimants during the lifetime of the claim by stating their charges are lawful as no true decision has been made (putting the number of claimants who do not continue after recieving this info from the banks)

3. Deluge of claims being processed leaving many waiting for a hearing possibly for as liong as the OFT hearing decision is made public.

 

Just my honest opinion. I wuld sooner the stays stayed in place and get this argument over with once and for all!!