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

[fernack]

What now???????? Was hoping First Direct would owe me thousands

[srfrench]

WHAT!!!!!!!!!!

 

If ever there were those who said this would happen as a conspiracy...my hats off to them.

 

Unbelievable....so who can actually assess their fairness then......

 

The Banks didn't even offer a legal argument bar a plea in mitigation. And what the hell did the SCoJ mention about they being surprised it wasn't bought as a penalty charge.

 

My total faith in British Justice has now evaporated.....I'm sure they have done a deal.

 

Also when they say that the fees are for a service.....and core terms then who can asses and as for historical charges when they were classed as penalties. After all wasn't it someone else on this forum who rightly said that that refusing to honour a DD is a service, likening it to going to a regular nightclub and wanting to pay foe entry only to be told sorry you're wearing jeans you can't come in and oh! that'll be £10 please.

 

I am beyond reason in this judgement, it stinks, and I'm sure there is a major flaw in it!!! (I hope)

[GuidoT]

Heaven forbid what Ms Knight will say about this.

 

Oh here it is:

Supreme Court Statement

 

 

25/11/2009

 

 

The Supreme Court has today confirmed that the Banks' unarranged overdraft charges are an important part of current account services which the Banks provide to their customers and that the amount of those charges is not assessable for fairness.

 

 

The Banks acknowledge the unanimous decision of the Supreme Court to allow their appeal in respect of these charges. We recognise this issue has been of real concern to a large number of our customers and we are pleased that this decision now brings clarity for all parties.

The Banks will work with the regulators to ensure that the outstanding customer complaints are brought to a swift conclusion. We will also continue to work together with the OFT in connection with its on-going Market study.

Please refer to the BBA's and individual Banks' websites for further information.

[ncf355]

forums don't work you need solicitors don't jump on the band wagon the next time

 

 

Oh look, a told you so post from Barry

 

Why am I not surprised

 

Not everyone can afford a solicitor Barry

 

If you cant be more helpful then why dont you just dissapear - you are not wanted here

[mcuth]

it's not, it's something about European warrants? :-?

 

Yeah, the Supreme Court judgments page (http://www.supremecourt.gov.uk/news/judgments.html) is linking to the wrong file.

 

I've attached the press summary, since that's correct...not that I agree with the result - what a load of [insert appropriate expletive here]

 

Cheers

Michael

uksc_2009_0070_ps.pdf

[JonCris]

It does occur to me that the banks may well have shot themselves in the foot in that the government , like they did in the appalling asbestos ruling, indicate previously that if the OFT lost they would bring in legislation that would force the banks to comply ..... & remember there's a GE on the horizon so get lobbying your MP NOW

[Seminole]

You have to wonder what the point of having an OFT is after this.

 

Politicians have emptied our wallets to pay vast sums to the banks to pay for their profligacy and now the banks have been given carte blanche to charge whatever the hell they like. It's quite pathetic really.

 

I suppose the one remaining avenue is for someone with deep pockets to revisit the issue of whether the charges are penalties or not. It's extraordinary that the OFT didn't pursue this issue to appeal and makes me wonder whether the whole test case was really a set up to screw the consumer.

 

Others with more legal knowledge will comment but I suppose this means that the stays on claims will now be lifted. Does that leave those claiming with any legal avenues to pursue in court. Today's decision doesn't really hinder them- it's the original ruling on penalties that does.

 

Whatever happens this must not mean that CAG comes to an end. We know that we have right on our side and this site helps an awful lot of people. Even if the bank charges issue dies (and I hope it doesn't), there's an awful lot of work to do to bring debt collection agencies, debt buyers and credit reference agencies to heal.

[barry_2008]

lloyds TSB I'am begging you try and take me to court now.

pmsl try and get past the NHS if you can

[Dougal16T]

Good morning all,

 

This is NOT over yet........whilst it may appear so, remember that the Judgement leaves the way open for the OFT to consider other avenues.

I expect a statement from them shortly. Those who have negative views on this site are, in my opinion, 'not wanted on voyage'.

 

The only way forwards is to have a concerted action with support from the OFT.

 

To all my fellow caggers : DON'T GIVE UP YET!

 

Best wishes to everyone

 

Dougal

[Sparkie1723]

Everyone has to show these Judges and the Banks the weight of people power DEMAND that you have your wages salary paid in cash.........this will hurt the Banks more that any judgement ruling, then they cannot touch your money before you have a chance to draw any of it.

 

 

THIS MUST BE DONE NOW ..........I believe the Bill of Rights Act 1689 can be used.

 

 

sparkie

[middenmess]

Yet again the establishment wins but this time I really think that they have underestimated the British public--we will not let this matter lie.

[PGH7447]

from the bba website

 

The Banks acknowledge the unanimous decision of the Supreme Court to allow their appeal in respect of these charges. We recognise this issue has been of real concern to a large number of our customers and we are pleased that this decision now brings clarity for all parties.

The Banks will work with the regulators to ensure that the outstanding customer complaints are brought to a swift conclusion. We will also continue to work together with the OFT in connection with its on-going Market study.

[noomill060]

forums don't work you need solicitors don't jump on the band wagon the next time

 

What utter BLX you spout, barry. I for one have recovered my life through this site.

[mailmannz]

well from that short article on al beeb two things stand out, one that I as the customer agreed to pay over draft charges (in reality I had no say in the matter as the conditions were forced in me) and second that the OFT was refused permission to appeal to the European Court?

 

The first is galling, but the second is absolutely flabergasting!

 

Mailman

[cantona1509]

If this was France it would be at a standstill now with every bank and the HOL on fire,I wonder how many lords have financial interests in banks hmmm one word corruption.

[matt_smith2000]

Not normally one to go to an extreme, but why not do this. If everybody converts as many Direct Debits back to paper bills as you can, and each month, after your salary has been paid, withdraw all the money out of your account bar any DD or SO that can't go back to paper bills. That way we deprive the banks of a source of money to provide loans, as I can't see then using the discredited money markets that caused the credit crunch in the first place.

[barry_2008]

ive getin bugga all

[BaldyBaldwin]

Calm down, all is not lost, we continue as a consumer force, we had the banks running before and we will do it again

[hsbcfiddled]

Surely - This only means that the OFT cant rule on charges.

 

It doesnt mean that we cant challenge through the court on fairness?

[emmasot]

there is no way my employer will pay me cash i would love to close my account and never let the bank touch my money again but i just cant

[locutus]

This appeal involved a relatively narrow issue. The Supreme Court had to decide not whether the banks’ charges for unauthorised overdrafts were fair but whether the OFT could launch an investigation into whether they were fair.

 

So, the people who say if it is fair or not are still small claims judges? Back to square 1!

[BaldyBaldwin]

Thats how i see it, hsbcfiddled

[reallymadwoman]

The BBC are already reporting that

'The Supreme Court has ruled that overdraft charges are fair'

 

No they haven't.

[barry_2008]

The banks will rely on this judgement and use it until we all go bankrupt.

[whizzkid001]

Judgement here - http://www.supremecourt.gov.uk/docs/uksc_2009_0070_judgmentV2.pdf