H.O.L Test case appeal. Judgement Declared. ***See Announcements***

[koalaattack]

I have a couple of questions actually:

koalaattack: Whilst I might partially agree with your comments there is a word you might have overlooked on it - Nationalisation, and the good possibility of this bearing in mind NR is already fully owned by the taxpayer.

I know, it's not as easy as "ah well, I'll wait until you're profitable and then I'll get my money back" as a) nationalisation is an issue as you highlight and therefore any money would essentially be tax payers money (I assume staff will still get bonuses?) and b) would I really trust a bank to say "well look at that, in April 2011 we're going to post a profit so we'd best look at paying back those customers we owe the bank charges to," as their track record on being ethical isn't exactly amazing is it?! I somehow think some very clever accounting would come into play.

 

It's tough, so I suppose I have to look at what my girlfriend said when I was talking to her about it...

 

...the banks took that money from me wrongly and therefore it is rightfully mine and not something that I am claiming purely because it's in a contract (although, you could argue that I'm claiming it because it's NOT actually in a contract!).

 

I wish I was in a position whereby I could write the money off and split it all between CAG and some charities so that whilst it may be the tax payers paying me the cash ultimately, at least they may be able to benefit from it in the long run should they ever need the services of whoever I give it to.

 

Who knows, it may happen, there's a lottery tomorrow night after all!

[barry_2008]

Maybe we can get lottery funding for cag

[determindator]

There seems to be a problem with regulating Bank Bonuses and this is where we can assist the powers that be in this dilemma. As we now effectively own large percentages of the Banks and contributed to the coffers with extortionate charges taken from us, it's time to refund. There should be a marked difference in Bonuses next year if the right thing is done this year.

 

 

Yep, it's time for a refund Koalaattack!

[barry_2008]

:)I thought if we got lottery funding for cag then we could be doing something constructive.

[determindator]

I presume the site owners would have to do this.

[TheyrCriminals]

Hi Guys,

 

Do we know yet if the Royal Bank of Scotland plc (Natwest owners) are appealing the judgment of Mr. Justice Andrew Smith in that the 2001 term could be penal? It's been a while since the judgement came through and it seems to have gone quiet on this.

 

TheyrCriminals

[InformedSearcher]

LOL Lottery funding. Now let's get real the FSA, FOS, OFT and even the financial institutions would appeal against it. Hang on though are we not seeing the equivelent of lottery funding to banks in trouble?

I think we should consider lottery funding for the legal eagles doing the work for the banks. Oh and also the liquidators who have 1st call as they sell off/close down companies and put 1,000's of people out of work and on the dole?!

Just joking but could not resist.

Michael

[barry_2008]

Maybe we should just write a letter.

 

If you can aford the postage that is.

[illonavamp]

"The banks will apply to the House of Lords for permission to appeal the Court of Appeal's decision.

 

Where will this end?

 

Puts me in mind of Monty Python for some reason....

 

Now, before I begin the lesson, will those of you who are playing in the match this afternoon move your clothes down onto the lower peg immediately after lunch, before you write your letter home, if you're not getting your hair cut, unless you've got a younger brother who is going out this weekend as the guest of another boy, in which case, collect his note before lunch, put it in your letter after you've had your hair cut, and make sure he moves your clothes down onto the lower peg for you. Now,--

 

Good news anyway, for now.

 

[peterlucas]

Does anyone know if the fact that there has, following the CoA judgement, been a new decision to keep stays in place means people can appeal against stays, since I've been mulling over a new legal argument that I think could be tried to get them lifted.

[noomill060]

Yes, all cases still stayed. Stay remains in place until OFT comes up with their long awaited report, or judgement from the Lords.

 

(if and when the Banks scuttle off and ask their Lordships to protect them from their nasty, horrible customers)

[Thailand]

Or maybe even Europe, These plebs may just wanna milk it that far, they've a one-sided waiver to exploit after all?.

[peterlucas]

I know cases are still stayed. A decision was taken to keep them stayed. what I want to know if can I apply to have the stay lifted using a new legal argument on why the stays should be lifted, and use the decision to keep them stayed as a basis for applying some months after the stay was made?

[Bigmac versus]

copy

Edited March 5, 2009 by Bigmac versus

[Bigmac versus]

Will the OFT show how they calculate what would be deemed as a fair amount as im concerned they will just give another CC figure they themselves would take legal action at making the whole issue a joke.

 

This is the part that for me will be the proof in the pudding, lets see if the OFT have any teeth or are simply falling into line. I would love to know how they are going to investigate these charges and to see their reasoning for the figure they eventually arrive at.

 

When theres proof of some costs under £2.50, what would be a fair amount based on that information, would this now be the best time for consumers or forums to write to the OFT to give their views on whats fair whilst reminding them of whats already known.

[noomill060]

I know cases are still stayed. A decision was taken to keep them stayed. what I want to know if can I apply to have the stay lifted using a new legal argument on why the stays should be lifted, and use the decision to keep them stayed as a basis for applying some months after the stay was made?

 

 

Of course you can apply and good luck to you.

 

You wont get anywhere, but hey...

[peterlucas]

Will the OFT show how they calculate what would be deemed as a fair amount as im concerned they will just give another CC figure they themselves would take legal action at making the whole issue a joke.

 

If they don't, there always the Freedom of Information Act, always worth a try to find out something you want to know about.

Edited March 6, 2009 by peterlucas

[TheyrCriminals]

Hi Guys,

 

Sorry to ask again but do we know yet if the Royal Bank of Scotland plc (NatWest owners) are appealing the judgment of Mr. Justice Andrew Smith in that the 2001 term could be penal? It's been a while since the judgement came through and it seems to have gone quiet on this.

 

TheyrCriminals

[bennyowen]

peterlucas,

 

There is always an opportunity to set a mile stone. There is no harm if a new legal argument get the whole country out of the current log jam.

 

Please get on with it. And if you need to share thoughts, you could discuss it here before the explosion is released.

 

Who knows? Any opportunity to care about our neighbour.

[kennyh]

Bigmac - did the OFT illustrate how they arrived at the CR Card figure? If so I, for one, would like to see how they arrived at it. If they didn't would the 'workings' have 'Commercial in Confidence' stamped all over them to keep them away from our prying eyes?

[Thailand]

Hi Guys,

 

Sorry to ask again but do we know yet if the Royal Bank of Scotland plc (NatWest owners) are appealing the judgment of Mr. Justice Andrew Smith in that the 2001 term could be penal? It's been a while since the judgement came through and it seems to have gone quiet on this.

 

TheyrCriminals

 

I have been hoping for an answer to this. They only had 28 days to appeal and since we've heard nothing, I reckon not. I've called, but the RCoJ do not answer the phone (Court of appeal directors office did and said 28 days for appeal, but didn't know if they had). Assuming I rang the correct court.

 

Since the limitation clock is ticking, do they really give a damn? Maybe the banks are still pinching themselves that they never got tanned on penalties! (How did they manage that again?) I'd hope Natwest customers could go back further than 6 years because of the deceit citing penalty.

[TheyrCriminals]

Hi Thailand,

 

If anyone else knows could they put up a post, Thailand and I would be very grateful.

 

Cheers,

 

TheyrCriminals

Edited March 6, 2009 by TheyrCriminals

[sacerdos]

This may have already been discussed and I apologise if it has....but how does the recent increase in the governments shareholding affect the claims against Lloyds TSB (and arguable RBS)?

 

I know that the whole mess cannot be resolved in the flick of a switch but should the process potentially be moving along a little quicker. Government department (the OFT) is claiming that the charges are unfair.....a bank primarily owned (60%) by the government (LLoyds TSB) cannot have much of a leg to stand on. There are some seriously conflicting interests but will it help things move along?

[car2403]

This may have already been discussed and I apologise if it has....but how does the recent increase in the governments shareholding affect the claims against Lloyds TSB (and arguable RBS)?

 

I know that the whole mess cannot be resolved in the flick of a switch but should the process potentially be moving along a little quicker. Government department (the OFT) is claiming that the charges are unfair.....a bank primarily owned (60%) by the government (LLoyds TSB) cannot have much of a leg to stand on. There are some seriously conflicting interests but will it help things move along?

 

In reality, it doesn't. This is still a company that will likely fight the result along with the others.

 

Morally, the battle has been lost with this Government already. The conflict of interests in this issue is astounding, but not unexpected given the state of the Country's Finances.

 

There was talk of refunding all charges, thereby encouraging customers to spend that money, revitalising the Economy as a result.

[K-J]

I am so sick of this now. I am being hounded and hounded by one debt collection agency after another for the £1,900 that my account went overdrawn - every single penny of it was bank charges, mounted up because I refused to pay them, while Natwest had all claims on stay, so they piled one on top of another. The debt collection agencies wont listen and just keep on hounding for the money (Natwest originally). I have even told them to carry out their threat and take me to court for it, but strangely enough they wont, just keep on hounding until they give up then pass it on to yet another agency and so it begins again.