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

[HSBCrusher]

So do we send a letter to the courts or do we just wait?

hang fire... we have something being put together.

 

The Consumer Forums - Announcements in Forum : OFT Test Case Updates and Discussion

 

The Consumer Forums - Announcements in Forum : OFT Test Case Updates and Discussion

 

I'm really quite upbeat about this whole thing now... in some respects this has been a very good judgement for us.

[the_shadow]

So do we send a letter to the courts or do we just wait?

 

The suggestion from the site team is I believe to wait until they have spoken to the barrister they and othere groups have hired to look over template letters and the strength of our case.

 

That said if you are on a severe time limit here.. i.e. you have 7/14 days from the judgment to advise the court on how you wish to proceed (Will say on the bottom of your stay notice) then some sort of holding action would be required imho.

 

S.

Edited November 30, 2009 by the_shadow
Can you BELIEVE I cannot even spell BELEIVE this morning :-(

[locutus]

I think site advice is to wait (for up to 2 weeks) as they are looking into all the legal angles.

[berrylover]

thanks guys

[car2403]

I think site advice is to wait (for up to 2 weeks) as they are looking into all the legal angles.

 

Said it before, will say it again. Check your paperwork - if your order says tell the Court 7 days after the hearing, then you must do that.

 

Mine both say I have 28 days after the final determination, or appeal, to inform the Court of my intentions.

[fergal71]

does anyone know what happens to the charges from 2001-2003 now the stay has been lifted... will this not affect when we can claim back too????

[andie_303]

well I sent my LBA to Lloyds as they had held my case since the court proceedings began. I couldn't find an email address for complaints department however I could find the one belonging to the CEO.

 

Sent it on Wednesday evening and recieved a letter on Friday morning from the complaints department saying they were looking in to it blah blah blah.

 

So the CEO must have passed it on pretty quickly as the paper copy that I sent to follow up the email was only signed for this morning.

 

Gave them 2 weeks so we shall wait and see what they say and what CAG advice is to do then....

[bobbyh99]

My stay says

 

"The claim be stayed pending judgment in the test case brought by the OFT and any appeal for the decision in that case"

 

Should I just wait?

 

BobbyH

[kennyh]

Sent it on Wednesday evening and recieved a letter on Friday morning from the complaints department saying they were looking in to it blah blah blah.

 

Rather a prompt response from an organisation that reckons it doesn't have anything to worry about now us punters have been 'beaten'.

[d1cky]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/188957-d1cky-hsbc-4.html

[andie_303]

Rather a prompt response from an organisation that reckons it doesn't have anything to worry about now us punters have been 'beaten'.

 

I think it possibly has more to do with me sending it direct to the CEO's email address than the actual content of the letter.

 

I fully expect a fob off response to follow shortly

[barry_2008]

My stay says

 

"The claim be stayed pending judgment in the test case brought by the OFT and any appeal for the decision in that case"

 

Should I just wait?

 

BobbyH

 

start you're own thread bobby.

 

I said what I would do.

[barry_2008]

Could be worth waiting to see what comes back from the Barristers.

[andychurchill]

Rather a prompt response from an organisation that reckons it doesn't have anything to worry about now us punters have been 'beaten'.

 

I've emailed the same chairman recently about an unrelated matter, and the same thing happened, was passed onto customer services pretty quickly. In my case they're trying to pass the buck, but I'll be following up in the next couple of weeks once I've got confirmation it's their fault.

[bobbyh99]

start you're own thread bobby.

 

I said what I would do.

 

Helpful thanks.

[Bigredbus]

Let's go back to basics...

 

Unfair Terms of the UTCCR 1999

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

 

*significant imbalance could be construed as the inequality of bargaining power which is recognised and accepted in law

under which parties to a contract may not be equal in their power to dictate terms and conditions. The law does not accept the manifestly unfair use, by a stronger party, of his advantage in bargaining power, and may intervene by setting aside or modifying the contract to restore equity. There is, also, an element of information assymetry, when the seller ('the banks') knows more about a product than the buyer ('the consumers').

*the good faith (bona fide) element being the honest intent to act without taking an unfair advantage over another person is, in my view, the hardest point to interpret...

 

But all isn't lost...

Edited November 30, 2009 by Bigredbus

[kennyh]

But all isn't lost...

Too b****y right it's not!

[royboy68]

Looks like we have a new enemy now as well. Follow the link to the CSA workshop. Nice to see that we at CAG are top of their hit list.

http://www.csa-uk.com/media/editor/file/Consumer%20Websites.pdf

[angel_1]

Thank you for sharing royboy68

 

interesting that we have irked them somewhat - i will smile forever today

 

have a fun day all laters angel x

 

ps as i wave to our guests hiyaaaaaaaaaaaaaaaaaaaaaa

[the_shadow]

Looks like we have a new enemy now as well. Follow the link to the CSA workshop. Nice to see that we at CAG are top of their hit list.

http://www.csa-uk.com/media/editor/file/Consumer%20Websites.pdf

 

Yep they dont like anybody being on the side of the "consumer"....

 

Slightly off-topic but just waiting for the OFT to issue new guidance on what constitutes a s77-s78 response now...

 

S.

[middenmess]

From that link..

 

What are Consumer Websites

 

Websites set up to assist consumers and for

individuals to share experiences

What do they actually do?

• Encourage consumers to avoid paying debts

• Celebrate “victories” against creditors

• Set up tallies of how much has been refunded in

bank charges

• Provide standard template letters

• Breeding grounds for misinformation - consumer

detriment

• Insult creditors, debt purchasers and DCAs

 

 

What a load of Rollocks!!!!!!

[kennyh]

s'pose 2 or 3 out of 6 ain't bad; as an add-on I do like the last one.

[royboy68]

It amazes me how they can have the guts to put that on there middenmiss. Its more like praise for the consumer websites rather than a damnation. Specially like the last one though. For some reason though they missed off the most famous site.

[middenmess]

I expect the site team will be more than miffed to read that CAG..

 

• Encourage consumers to avoid paying debts

[Seminole]

That's an extraordinary presentation and I'm amazed that the MofJ associated themselves with it.

 

There is a huge difference between a consumer website like CAG and a claims management company.

 

Also there are thousands of examples of members of the CSA acting unlawfully and against OFT debt collection guidance. When does the OFT have cosy round table discussions with consumer representatives in the same way that it does with the CSA?

 

Overall though I think it's great that sites like CAG are clearly making a difference and helping to drive some of the more odious CSA members to the wall.

Edited November 30, 2009 by Seminole
Mixing up CAG with CSA :-(