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

[EricTheRed]

That seems to be left over from the old announcement. Templates will most likely not be available within two weeks (unless the OFT say No and Counsel are confident with the arguments presented) . The OFT do not expect any announcement until near christmas or early January (source LB's meeting with them) and we should support them in that as they have to make the right decision.

 

I know LB are trying to get something from the MOJ on the overall position of the stays - the original information was it was down to each individual claimant, but without the OFTs announcement thats incredibly difficult.

 

If stay ends are coming up I would suggest a brief letter to the courts with claim reference and outline of your last stay order, and, apologies again for quoting LB, something like

 

''Following the recent judgment by the Supreme Court (25th November 2009) Case [2009] UKSC 6 (On appeal from: [2009] EWCA Civ 116 ) it is extremely likely that further litigation will follow, either between the OFT and the defendant or otherwise to generally decide the issues. I therefore respectfully submit that it would be appropriate for the Court toapply/continue a general stay in this claim pending resolution of the issues raised.''

 

I do not consider it wise for anyone to be applying to lift any stay whilst decisions have not been made. The Banks, FSA, Government and OFT AND Courts are all in communication about the next steps, but this may not feed down to the individual judges as has been said previously, so it might be an idea to check the situation out at your individual courts, then go from there.

 

 

 

 

Just spoken to Bradford County Court and was told by case management that they haven’t been given any directions as yet on the bank charges cases. She also told me that she thought it was still being dealt with by the House of Lords.

 

YCNMIU

 

This is a good link

 

http://www.bailii.org/

Edited December 15, 2009 by EricTheRed

[yourbank]

better one http://www.supremecourt.gov.uk/docs/uksc_2009_0070_ps.pdf

[srfrench]

And that is supposed to give us all a clearer picture?

 

Basically I would like the OFT to stop fannying around and make an informed decision for once!!...and SOON at that!

[car2403]

the blockbuster new approach is to challenge charges' fairness under the Consumer Credit Act.

 

Interesting.

 

Some of us have being doing so for a lot of years now...

Edited December 18, 2009 by car2403

[yourbank]

Best thread to ask on

 

When were the CAG POCs changed on the N1 template for bank claims ?

I need the version which was up at the beginning of November if anyone has a copy, I havent been able to find one on the forums other than MCOL ones. Someone I'm assisting can't find the version from CAG they used mid november.

[yourbank]

Just seen on the dogs site - the OFT are expected to make their decision and announcement on 22nd December.

 

Edited December 16, 2009 by yourbank
edit: link doesnt work

[EricTheRed]

Just seen on the dogs site - the OFT are expected to make their decision and announcement on 22nd December.

 

 

 

Great news. What is the “dogs site”? Have you got a link?

[Michael Browne]

L egal seagulls

[EricTheRed]

L egal seagulls

 

Ah I see. Thanks. I’m only a thicko contract manager so things like that don’t make sense to me!

[Michael Browne]

Extract from Hansard

 

 

15 Dec 2009 : Column 788

Sarah McCarthy-Fry: The Office of Fair Trading is still considering that judgment in detail, and on 22 December it intends to make an announcement about what further action will be taken. Our position is very clear: we want to see a fairer and more transparent system of charges, and we are working very closely with the OFT to achieve that.

However the OFT have since commented to Budgie on LB:

I just spoke with the OFT.

 

Sarah McCarthy's comment yesterday was an un-briefed comment.

 

The OFT stand by their statement made to us at the meeting last week.

 

No decision has yet been made and they are not able to say when they will be in a position to make that decision or when it will be announced.

 

Because of the market sensisitive nature of both decision and it's announcement it is likely that they will only be able to give approx 1 hours notification of an announcement and that notification will take place after the financial markets have ceased trading for that particular day.

[andrew1]

So, all eye's on close of trading on the 22nd then

[Michael Browne]

So, all eye's on close of trading on the 22nd then

Possibly, but it now seems more likely that Sarah McCarthy-Fry got overexcited and spoke out of turn. A case of premature exclamation

[srfrench]

And a Market Sensitive one at that. Since the Banks "Won" (cough cough) that would be Market Sensitive as well and indeed the shares in the Banks bounced a little following the SCoJ Judgement.

 

So intriguingly, I wonder what the OFT will say (as if we didn't already know.

[kennyh]

I honestly cannot remember a day when I didn't receive a CAGmail - but it happened yesterday - hope I haven't p****d anyone off!!

[ncf355]

Had some SAR info from "A Bank" today and they appear to also be under the impression the case is still going through the supreme court

 

[Bookworm]

And we must entrust our money to these people?

[car2403]

I've had a response from the FOS about a dispute regarding BOS and charges applied to a Mortgage account. BOS settled this the week after the test case started, so I'm really not fussed, but the letter from the FOS is very interesting, basically stating that the Supreme Court has ruled that the charges applied cannot be assessed for fairness and they have closed my file as a result

 

 

This is very wrong.

 

Mortgage account, not overdraft, as well.

Edited December 18, 2009 by car2403

[Michael Browne]

Oft will be making an annnouncement at 7am Tuesday 22nd (allegedly)

 

OFT sets date for announcement on its next bank charges move - MoneySavingExpert News

[Bookworm]

7 AM? The OFT? Really?

[GuidoT]

I've had a response from the FOS about a dispute regarding BOS and charges applied to a Mortgage account. BOS settled this the week after the test case started, so I'm really not fussed, but the letter from the FOS is very interesting, basically stating that the Supreme Court has ruled that the charges applied cannot be assessed for fairness and they have closed my file as a result

 

 

This is very wrong.

 

Mortgage account, not overdraft, as well.

 

 

It is wrong, but do we expect anything better from the FOS?

[yourbank]

Up bright eyed and bushy tailed on Tuesday then Bookworm ?

[rdm2006]

I've had a response from the FOS about a dispute regarding BOS and charges applied to a Mortgage account. BOS settled this the week after the test case started, so I'm really not fussed, but the letter from the FOS is very interesting, basically stating that the Supreme Court has ruled that the charges applied cannot be assessed for fairness and they have closed my file as a result

 

 

This is very wrong.

 

Mortgage account, not overdraft, as well.

 

 

well thats FOS for you :rolleyes: and dont expect anything better from the so called independant assessor (so independant he is on fos board)

[Bookworm]

Up bright eyed and bushy tailed on Tuesday then Bookworm ?

Highly unlikely, YB.

I am seriously underwhelmed at the moment to tell you the truth and whatever the OFT are going to come up with is unlikely to make a big difference to any of my actions before the new year, so I'm thinking I might as well make the most of the rare lie-ins I will get during the holidays. ;-)

 

I've had enough disappointments as it is, I think one more can wait until a more decent hour.

[barry_2008]

Thanks for that post bookworm.

 

you got ya crimbo boxes out yet?

[yourbank]

Highly unlikely, YB.

I am seriously underwhelmed at the moment to tell you the truth and whatever the OFT are going to come up with is unlikely to make a big difference to any of my actions before the new year, so I'm thinking I might as well make the most of the rare lie-ins I will get during the holidays. ;-)

Leave the stuff to the professionals, I just hate amateurs

I've had enough disappointments as it is(I am not sure I can comment on that but there are things that you can get for that ), I think one more can wait until a more decent hour.

 

They say the early bird catches the worm so I'll enjoy my plate of worms and you can stick to the toast later on:D