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Michael Browne

Test Case Judgment due 24/04/08

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I wish could work the VCR, so I could record Angela's response if she is on.

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"I had a letter form Citi cards the other day, informing me of a change of solicitor, maybe they do know something!!"

 

They will have known for the last week- hence the £50bn hand out from HM Govt

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I don't know, but BBC News, SkyNews and GMTV all will have CAGgers on... ;-)

 

CAG has been busy and on the ball!!!:)


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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The suspense is killing me:(

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I wonder if Channel 4 news have got Martin Lewis and Angela Knight booked for an interview tomorrow night...:D

 

Even if they lose AK will spin it as a victory for the banks. I can almost hear her now

 

"this decision by the courts brings clarity to our customers where there was confusion before and allows us to meet their needs":rolleyes: :rolleyes:

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Ooooh, don't do that, JC, I can nearly hear her and I really don't want to! :-D

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hi all :)

any news yet!!!, i dont have a tv so been checking internet sites lol some are saying OFT won ????

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Try This link:

 

 

http://news.bbc.co.uk/go/em/fr/-/1/hi/business/7362856.stm >

 

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ok thanx Dursary as has said OFT won ?? lol

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Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Posted by Tom Brennan on LB:

OFT Test Case Today’s decision in the OFT test case against the banks is long, and necessarily complicated. It will be some time before the extent and the implications of this judgment will be fully understood.

 

However, the essential contention by the OFT, namely that these bank charges are subject to the requirement of fairness under the 1999 Regulations, was accepted by the judge. This means that the OFT has the necessary jurisdiction and statutory powers to take action against the banks for the imposition of “unfair” penalty charges on consumer bank accounts.

 

It should be noted that the OFT conducted an extensive investigation into the “fairness” of the current bank charges, and widened that investigation to include all aspects of personal current accounts. That report was due out at the end of last year, but in light of the ongoing test case that report has not been published. The OFT have not yet given an indication as to when that report will be published. Nevertheless, it is safe to assume that the OFT have concluded that the current charging structure is unfair; the current proceedings would be entirely superfluous if the OFT had not reached that conclusion. The courts are not given to entertaining purely academic points.

 

I think it is very likely that the banks will appeal this ruling. Given the number of individuals affected, and the amounts of money involved (some sources speculate billions of pounds of charges may be at stake), the banks will be compelled to challenge this ruling. A hearing has been scheduled for the 22 May 2008 to determine how this case and any application to appeal are to be dealt with.

 

The real question however, is what will the OFT do next? They have a ruling in their favour that the charges are subject to the test for fairness, and they have an as-yet unpublished report that the charges are unfair. It follows that the OFT must discharge its duty (under EU Directive 93/13) to prevent the continued use of these unfair charges. Will the OFT and FSA discharge that duty now, by removing the current “waiver” for the banks, and preventing the banks from continuing to impose these unfair charges, or will the OFT await some final determination by the House of Lords a year or so from now?

 

For my part, I believe that the OFT should release this report at the earliest possible moment. To allow the banks to continue charging unfair charges is unconscionable. Consumers should be entitled to redress in the courts, and no more delays should be contemplated or allowed. The OFT should no longer be dancing to the tune of the banks.

 

 

Postscript:

 

Importantly, the 1999 Regulations only apply to consumers. Anyone who is operating a business account can only rely on the “penalty charges” argument, which states that such penalty charges are unenforceable at common law. However, the judge in this case ruled that the charges imposed on current accounts did not amount to “penalties”. This is because they are not brought about as a direct result of a breach of contract, but rather the provision of a loan (i.e. the unauthorised overdraft), even if that loan is a result of a breach of contract. I must confess I do not quite follow this line of argument, and you should read paragraphs 295-324 to gain a better understanding of the rationale for this part of the decision.

 

The effect of this decision is to render any claims by businesses, large or small, against the imposition of these charges, bound to fail on that basis. It may be that this consequence is an unintended consequence of the judge’s ruling; there was certainly no reference to business accounts that I could find in the judgment. It may be that the OFT will appeal this specific point, and it is hoped for the sake of many small businesses that they do appeal that point.

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Tom's right..........except in the case of Lloyd's TSB, Clydesdale & basic bank accounts

 

The above named banks because their T's & C's have stated they are a penalty..........& the basic accounts because no facility to offer an O/D exists in the 1st place.....in fact an O/D is expressly denied to a basic account holder

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