Jump to content


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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4200 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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 by EricTheRed
Link to post
Share on other sites

  • Replies 5.1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

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

 

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

srfrench :eek:

 

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

Link to post
Share on other sites

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 by car2403

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Link to post
Share on other sites

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.

.

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

Link to post
Share on other sites

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

 

Edited by yourbank
edit: link doesnt work

.

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

Link to post
Share on other sites

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.

  • Haha 1
Link to post
Share on other sites

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 :D (as if we didn't already know.

srfrench :eek:

 

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

Link to post
Share on other sites

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

 

:rolleyes:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

Link to post
Share on other sites

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 :confused:

 

FOS.jpg

 

This is very wrong.

 

Mortgage account, not overdraft, as well.

Edited by car2403

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Link to post
Share on other sites

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 :confused:

 

FOS.jpg

 

This is very wrong.

 

Mortgage account, not overdraft, as well.

 

 

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

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

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 :confused:

 

FOS.jpg

 

This is very wrong.

 

Mortgage account, not overdraft, as well.

 

 

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

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

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. :oops:

Link to post
Share on other sites

Thanks for that post bookworm.

:)

 

you got ya crimbo boxes out yet?

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.

Link to post
Share on other sites

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 :p

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 :eek:), I think one more can wait until a more decent hour. :oops:

 

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

.

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...