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

[andrew1]

Angel 1 did you ever manage to extract that Lending Policy Document by any chance? http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-h-o-l-test-227.html#post2695363

[means2anend]

Hi Andrew1 do you have a link to that

 

thanks

 

m2ae

[johnny131070]

I have not used the forum for a while but it seems very quiet with reference to bank charges. I have 2 cases that are stayed (over 5k) and want to know what is the next move. I received a letter from the court saying it was stayed until november i think and then it will be struck out. What do i do next?

[Bookworm]

There's a case in Scotland on the 11th we are all awaiting to see what happens there. ;-)

[JGJ]

Ditto, anxiously awaiting:eek:

[Dougal16T]

Morning all,

I also have all parts of my anatomy crossed!!!

 

Best wishes

 

Dougal

 

Remember : 'Keep smiling - it makes people wonder what you have been doing!'

[082stewie]

Could the result in the Scottish court have any positive spin off for us, here in England.

[kennyh]

Bet your life it will.

But, of course, if (when?) the banks lose we will have to endure the whole damned appeal process; but it will be sending the right messages that the fat lady ain't finished singing.

[Bookworm]

I think it will, not that it will create a legal precedent (it won't), but it will give us an idea as to whether the ideas being used to attack the banks sustain credibility in front of a judge. It also will force the banks to show how they plan to justify their charges under the CCA.

 

They could of course settle beforehand, but they know we are watching and that such a move would mean us going for the jugular.

 

The ONLY positive outcome for them MUST be an outright win, as lose or draw will spell bad news for the banks.

[kennyh]

Hi Booky,

You've sweated more than most and my thoughts are with you, for a decent outcome in the coming days

[Bookworm]

Thanks Kenny, but funnily enough, I am -relatively- ok. As an early claimant, I got pretty much everything back, I have a very small one still stuck in the system, have a big one for relatives in the pipeline, and a couple of medium ones for friends also stuck in the system, and I am taking much more drastic steps for the couple of remainders, so for me personally, it's not as big an issue as for others. For the cause itself however... well, that's a different story altogether. ;-)

[JGJ]

Hi Booky,

 

Best wishes you have certainly earned them from me, your input

 

and advice have been inspirational to me, "Good Luck"

 

 

"EXEMPLO DUCEMUS"

[battyman]

Is there any news on the Scottish case on the 10th?

[rdm2006]

Yea, in an attempt to scare off the claimant (court costs etc) the bank requested it be heard in a higher court. The claimant, however, is entitled to legal aid, so that's two fingers to the bank.

[Bookworm]

Masterly and succinctly summed up, RDM.

[Dougal16T]

Morning all

 

I could not have put it better...!

 

Best wishes to everyone involved

 

Dougal

[rdm2006]

Don't you just love it when they try to pull a fast one and it backfires

[GuidoT]

Yea, in an attempt to scare off the claimant (court costs etc) the bank requested it be heard in a higher court. The claimant, however, is entitled to legal aid, so that's two fingers to the bank.

 

The Banks like higher courts as they are more likely to look at the legal and technical points rather than the unfair or moral position.

 

Look what happened with the test case, all going our way, until it got to the highest court in the land.

[kennyh]

The Banks like higher courts as they are more likely to look at the legal and technical points......

 

Isn't that exactly what GLC is presenting?

[rdm2006]

The Banks like higher courts as they are more likely to look at the legal and technical points rather than the unfair or moral position.

 

Look what happened with the test case, all going our way, until it got to the highest court in the land.

 

yes - what did happen in the test case - they changed their argument from these charges are to cover our "admin costs" to these charges are a "cross subsidy" to pay for free if in credit banking and therefore are a core part of the contract/business.

 

Would they have won if they had continued to claim they were admin costs - we will never know.

 

but they did lose in the two courts prior to the supreme court using "admin costs" as an argument ..... maybe that is a clue to what would have happened.

Edited June 28, 2010 by rdm2006

[d1cky]

sorry, havnt been on here for a while, is the bank charges refund dead in the water now?

[caro]

People are still looking for solutions, but I think it's fair to say it's not going to be easy

[kennyh]

Cheer up CARO it might actually happen!

[caro]

Cheer up CARO it might actually happen!

 

Never said it wouldn't kenny.

[kennyh]

but I think it's fair to say it's not going to be easy

True but I still believe