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

[determindator]

Time to petition the Government me thinks. Has this been organised yet on the CAG site? Let the names roll in!!

[yourbank]

whats the latest news?

Hearing in the high court on Thursday on the appeal re current terms and conditions. Likelihood is application for appeal. I think we will be closer to a final judgement but I doubt this year will bring us a final final decision.

[d1cky]

I need my money!

[TheyrCriminals]

Hi guys,

 

Is this true that the appeal hearing judgement in the test case will be handed down this Thursday?

 

TheyrCriminals

[yourbank]

Hi guys,

 

Is this true that the appeal hearing judgement in the test case will be handed down this Thursday?

 

TheyrCriminals

Yes at 10am tomorrow, court no. 71. That is for the current terms and conditions and whether they can be assessed for fairness under the UTCCR 1999.

[determindator]

......or I could chain myself to the Gherkin or 'D**k' as I call it

[TheyrCriminals]

Hi Guys,

 

BANKS LOSE APPEAL AND MASTER OF THE ROLLS SAYS THEY CAN NOT APPEAL TO THE HOUSE OF LORDS.

 

BBC NEWS | Business | Bank charges appeal is thrown out

 

TheyrCriminals

[HSBCrusher]

you beat me to it TC..

 

However, cases will stay frozen until the OFT has concluded its investigation.

 

thats the bit I hate :mad:

[SPROUTY]

Here's the bit I hate!

 

BBA – British Bankers' Association - Statement on Bank Charges Test Case

 

BANKS WILL APPEAL

 

IT IS TIME FOR THE GOVERNMENT TO STEP IN AND STOP THE TIME WASTING

 

WHY IS THIS IMPORTANT?

 

If you write to your bank today 26 February 2009 and make a DSAR request how far back will the bank provide statements or detail of charges for ?

 

six years ?

 

right

 

not six years back from 27 July 2007 when the bank charges case started ?

 

(bear in mind all of the T&Cs were changed in November 2007 making them more likely to be deemed enforcable).

 

I predict that less then 20% of (dubious) charges have been refunded so 80% of the charges for 25 February 2003 (6 years ago) and before are not going to be refunded as of midnight last night.

 

If the banks can stretch this out they are gaining £14.5 million a day through no falt of their own?

[TheyrCriminals]

Hi Again,

 

Unbelievable!!!!!!!!!! Even though the banks have not been given leave to appeal they are going to appeal directly to the House of Lords!

 

BBC NEWS | Business | Bank charges appeal is thrown out

 

Unbelievable!

 

TheyrCriminals

[HSBCrusher]

However, the British Bankers' Association (BBA) said its members still disputed the decision of the High Court and now the Appeal Court.

"The banks continue to believe that the Regulations do not apply to these type of charges," a spokesman said.

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

"The banks will work with the OFT to ensure the next stages in the test case process are progressed as quickly as possible," he added.

Marc Gander of the Consumer Action Group (CAG) said the bank's decision to appeal further was "amazing".

"They know no shame," he said. "You'd have thought they would chose to come come quietly and join the rest of society - it is astonishingly arrogant of these people," he added

 

 

well said Marc...

absolutley outrageous!!!!!

[photoman]

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

The banks will work with the OFT to ensure the next stages in the test case process are progressed as quickly as possible.""

 

 

 

errr..... don't the last 2 sentences sort of contradict each other ??

[389shell]

"The banks continue to believe that the Regulations do not apply to these type of charges," a spokesman said.

 

I think they want to re-phrase that to 'The banks continue to believe that the Regulations do not apply to THEM'!

[Bookworm]

"The banks continue to believe that the Regulations do not apply to these type of charges," a spokesman said.

Well, most of us still believe that the charges are penalties, but since the judge said they weren't, there's f*** all we can do about that, right? So what's the difference?

 

Oh yeah, I forgot, you lot think the law doesn't apply to you.

[blencathra]

I hope your all eating your words now You of little faith... I bet so many letters are at this moment falling out of folks printers and on the way to the banks etc. The man/lady in the street is fighting back and long may we continue to do so

 

I hope the bankers crawl back under the stones from which the came.

[JonCris]

Great result but it ain't over until the fat lady sings

[freakyleaky]

Great result but it ain't over until the fat lady sings

Yes but she is stretching her vocal cords now so it shouldn't be long.

[Sparkie1723]

Great result but it ain't over until the fat lady sings

 

Just going to change your post Jon....to ...till "the fat cats sing" and we know Banks have a lot of those.....we will have to wait for a chorus.

 

sparkie

[revolting peasant]

Just as a thought, since RBS and Lloyds Banking Group are primarily owned by the government, can we not petition the PM to act to stop these 2 from pursuing this using what is actually taxpayers money? (or are RBS using Freddies pension fund?)

[Thailand]

(bear in mind all of the T&Cs were changed in November 2007 making them more likely to be deemed enforcable).

 

Penalties aside, that historic/current T&C bumpf doesn't have anything to do with UTCCR does it? Apart from Barclay's new Personal Reserve bull, I hoped I could start issuing claims like confetti again? if need be.

 

I was at a pedestrian crossing today and bumped into two Natwest employees, so took the opportunity to point out today's events with a smug look on my boat race. They surprised me with one of their replies....' Fantastic, Halifax owe me big time!!' I then had to explain the situation to them (as I understand it)

[kennyh]

I shall join in the rejoicing so long as the OFT take into account the actual cost of charges as shown by the Yorkshire Bank expose and so long as the reduced charge rates are backdated -fat chance of that happening. Also be interesting to see whether 'they' entertain interest charge refunds on the difference between the new, presumably lower, charges and those levied by the banks. We really do need something less than the £12 employed by the CC companies.

[yourbank]

I went down to the RCoJ for the roughly 8 minute verbal judgement. This is a massively important judgement.

I think Barclays reserve fees are very much on the table for fairness under the UTCCR 1999. The appeal court judge effectively followed the First National Bank judgement....House of Lords - Director General of Fair Trading V First National Bank

(For reference). I think it would be surprising if the bank were to be allowed to appeal to the House of Lords. I think they should petition the House of Lords for permission to do so, but I would be surprised if they were successful without something new on the table to argue. BLOODY FANTASTIC DAY TODAY(and tiring )

[Thailand]

I hope you're right about Barclays, althought even if it weren't what customer would want to stay trapped into that 'service'. And as someone else said, who would be brave enough to start charging mandatory fees to run a current account in this climate. I think of the ones that do, most have a free version?. Ahhh...free banking!!.

[Conniff]

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

The banks will work with the OFT to ensure the next stages in the test case process are progressed as quickly as possible.""

 

 

 

errr..... don't the last 2 sentences sort of contradict each other ??

 

I think seeing as how claiming was put on hold, those first two sentences should be reversed - the OFT will work with the banks.

 

Perhaps the banking problems will end now as their ploy to try and influence proceedings by pretending to be in trouble hasn't worked.

[yourbank]

I think the verdict does throw up other issues, for example, the banks' failure to win any future appeal means that at the date that they change their charging structure then everything before has to be returned and CONTRACTUAL rate since it was deprived at that rate. What effect would that have on CCJ's where charges were the bulk of them? What about people who have DCA's harrassing them for a debt that would be effectively wiped out? To me it could open up more questions that may be difficult to answers(could DCA's go out of business, pmsl)