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


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Hi Sammy:)

 

Not sure really, other than when I was filling out my AQ I was advised by another member that courts could be a bit lenient over the filing date and to get it in a little late would possibly be overlooked - not sure of the truth of this though. I just thought that knowing my luck the bank would be allowed extra time:(

 

Regards,

 

Landy x

 

Don't be lulled into a false sense of security. as despite what the untrained court staff say if you don't keep to the letter of the schedule your opponents WILL try to get your claim struck out & each time your required to argue your case it'll cost you more money. ........... One of their intentions is to wear you down so that you give up IF they are given latitude by the court (as they so often are) argue that your case will be prejudiced in that you would not have been granted the same amount of latitude by the court

 

You respectively ask that their case or defence be struck out

Edited by JonCris
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BBC Radio 4

 

BBC - BBC Radio 4 Programmes - Money Box

 

You can listen to it on iplayer

 

Els

 

....and did we not hear AK in dismissive/damage limitation/interviewer go away/how lucky are you to have me speaking to you, mode. I wonder if she took lessons from Margaret Thatcher listening to her. I have to say this is a person whose voice alone is annoying.

... worth listening to the Ryanair article that follows. :eek:

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Don't be lulled into a false sense of security. as despite what the untrained court staff say if you don't keep to the letter of the schedule your opponents WILL try to get your claim struck out & each time your required to argue your case it'll cost you more money. ........... One of their intentions is to wear you down so that you give up IF they are given latitude by the court (as they so often are) argue that your case will be prejudiced in that you would not have been granted the same amount of latitude by the court

 

You respectively ask that their case or defence be struck out

 

Thank you JonCris, your advice is most appreciated;)

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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....and did we not hear AK in dismissive/damage limitation/interviewer go away/how lucky are you to have me speaking to you, mode. I wonder if she took lessons from Margaret Thatcher listening to her. I have to say this is a person whose voice alone is annoying.

 

 

Michael

 

I can't watch her on screen any more. The risk of damage to our TV or my laptop is too great! You get more truth watching CBeebies.

 

Els

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I think paul Lewis the presenter nearly said B****cks after she had spoken....ie moneybollocks...made me smile today(wrong thread that last comment).

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Interesting in-house article by Raymond Cox QC, Fountain Court...

 

Read here:

 

http://www.fountaincourt.co.uk/uploads/publications/Banking%20and%20Payment%20RC%20QC.pdf

 

...specifically the Par. entitled 'Problems that have arisen in the past' in relation to bank charges...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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GOD!!!!! the suspense is killing me.......WHAT DID SHE SAY PLEASE :D

 

 

Scroll to post #3721

When you get to the Beeb link it's the 28th November one.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Yeah, I heard him say "Moneyb*ll*cks", too!

 

Not heard that one before. It must be a special BBC word, but a Freudian slip if ever there was one.

 

Laughed out loud and nearly fell off my perch. :D

 

(After talking to Angela who can blame him!)

 

 

FAO the Mods- b*ll*cks is not a swear word.

 

Sir John Mortimer QC proved this in the High Court in 1978.

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I think srfrench is either deaf or has no sound on their PC.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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I can't watch her on screen any more. The risk of damage to our TV or my laptop is too great! You get more truth watching CBeebies.

 

Els

 

Pmsl

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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Cheers IS but you see I am deaf so nothing short of line of sight lip-reading , subtitles or transcripts only or I'm buggered 8¬)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Isn't Angela Knight a chemist by education?

 

:D

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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Well I've had time to calm down and to look at the judgment. I've also read a number of fantastic comments among the many posts. My take on this is that the court claim was a 'put up' job from day 1 - and actually the only judge who has stood out for the consumer is Lord Philips in the Supreme Court! And I wouldn't have said that on Wednesday!

Consider the time lines.

1. From 2005/06, more and more claims against the banks for overdraft charges. Banks claim it is not economic the defend any one claim, so refund charges at last minute to avoid any case going against them.

2. On one Thursday evening in July 2007, press announcement that the OFT is to challenge the banks. Court proceedings start next morning and FSA issue waiver and FOS puts complaints on hold at same time.

3. The banks start to report six monthly financial accounts from following Monday. Within three days, accounts show that collectively banks have paid out £1 BILLION in claims. The argument that it is not economic to defend is shot to pieces.

4. The only organisation to receive the financial accounts of ALL the banks prior to publications is the FSA. They arranged the deal between the banks, the OFT and FOS, no doubt with the active encouragement of the government.

5. County courts start to stay any claims that are on going even though no official stay issued by the Maser of the Rolls.

6. Court case winds on for 2 and a half years as many predicted during which time banks can charge fees and ‘save up to refund charges’ if they loose.

7. OFT don’t even bring the ‘common law’ argument in the High Court, so it gets thrown out.

8. Court of Appeal agrees that OFT does have the right but banks appeal to HOL (Supreme Court on very narrow technicality.

9. Supreme Court judgment points out that only asked by OFT & Banks to rule on one narrow area and that the OFT had the case on the wrong regulation and should have used Regulation 5, so why didn’t everyone use that as there is no defence for the banks.

10. Banks, OFT, FSA, FOS get draft judgment early and have a week to get there spin machines up and running for Wednesday. RESULT, media and the great British public fall for it all, hook line and sinker.

My conclusion is that this was a carve up job initiated by the Treasury and orchestrated by the FSA. As we saw last year, the banks think they are above the law ad that they can get away with anything.

I’ve also just listened to the Moneybox interview with the bankers’ mouthpiece, dear Angela. And just like the ex-Tory politician and ex-Treasury minister that she is, she avoided the question about Regulation 5. The banks know they are stuffed with the Supreme Court itself hinting that Regulation 5 is the way, hence Lloyds trying to get all cases struck out when the official line from the BBA is that ‘we will work with the FSA’. It is clear that this isn’t the end, despite the banks hoping it was.

  • Haha 1

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Cheers IS but you see I am deaf so nothing short of line of sight lip-reading , subtitles or transcripts only or I'm buggered 8¬)

 

 

Ahh, my apologies - They seem only be upto 20th November with their transcripts. This link might be useful for checking when it's updated:

BBC News - Programme archive

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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where can i see it? :confused:

 

Hi srf.

 

You can read a transcript on the Moneybox page a few days after the broadcast. Scroll down until you see 'Where can I find programme transcripts?'

 

BBC NEWS | Programmes | Moneybox | FAQs

 

Els

Edited by elsinore
IS beat me to it.
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