Supreme court rules

[peterlucas]

I just submitted my claim to A&L at the beginning of the week for over £3000. What should I do now?

 

Just wait for their response, if its in the negative file a claim, which can not now be stayed. All the judgment means is the OFT can't asses the charges for fairness, it doesn't mean you can't proceed with litigation of your own, the Court did not rule on fairness just the OFT's ability to asses.

[bobsp]

ok bob, i didn't check my wallet, get to the tills and ive only got a £5, the till operater is quiet happey for me to put some stuff back and buy what ia want with what ive got....don;t get the option with a darn card do i!

 

Go to a cashpoint and check your balance before going into the shop...

[GRRRATPARKER]

I don’t want to get all Marx and Engels here but somehow I expected the bourgeoisie to favour the banking industry. I suspect that had we not been in a recession or just coming out of one that this would have passed no issue. I know that compared to alot of people here my issues are trifling but damnit if I got these illegal and immoral overdraft charges back my situation would o so much more tenable .

[peterlucas]

I don’t want to get all Marx and Engels here but somehow I expected the bourgeoisie to favour the banking industry. I suspect that had we not been in a recession or just coming out of one that this would have passed no issue. I know that compared to alot of people here my issues are trifling but damnit if I got these illegal and immoral overdraft charges back my situation would o so much more tenable .

 

So get them back comrade, get your stay lifted, its not over. The Court did not rule on unfairness.

[enoughisenough]

MOVE YOUR ACCOUNTS TO NATIONWIDE OR THE CO-OP. Encourage friends and family to do the same. Move your insurance. Move any savings. Cut up your credit cards and challenge them on the enforceability of the pre 2007 agreements. Do everything you can to pile into one of these two. Get your wages paid into these. Hit em right where it hurts.

[Crapstone]

Go to a cashpoint and check your balance before going into the shop...

 

Even better go to the bank and ask to see all your pennies so you can count every one and make a note of the dates and serial numbers. Don't worry how far away the bank is or the cashpoint or how long and frustrating the phone banking is. Carry a laptop so you can check your balance every few minutes just to be sure to be sure.

 

Banks never make mistakes. They are the fairest of us all....what a flippin fairytale life some people lead.

[slackda]

Go to a cashpoint and check your balance before going into the shop...

 

ok, what if i have no access to cash point, its out of order, a que and shop shuts in 2 mins...etc,

[enoughisenough]

Here's the judgment:

 

http://www.supremecourt.gov.uk/docs/uksc_2009_0070_judgmentV2.pdf

[23sopwith]

ive read the ruling

its states that no appeal can be made to the european court of rights

can an individual make a complaint to the court (new complaint)

or am i being a bit thick cos i dont no a lot about euro courts

[rippedoff15]

Hi anney63

 

just seen your note, if the bank have not filed their AQ on time you can ask for judgement check your paperwork asap and if the date has passed and they stll have not their defence should be stuck out, therefore ask for judgement

[GRRRATPARKER]

I don't dislike the French but I am very proud to be English/Scottish 50:50, however I dislike the way we're pushed about by OUR government, who work for US!

We in Britain tend to have a grumble about things and that's as far as we get.. I think we fear standing up and shouting because are scared me might find ourself standing up alone.

 

I don't mean it as though I hate a nation. I only dislike the French when it comes to sporting events. I really do appreciate the values envisaged in the French revolution - and it is this continuation of the French revolutionary spirit which allows them to get things done – that the simple peasant can rise up and fight the aristocracy. Here in Britain we’ve fallen into our stereotype of inane moaning, queuing and little action.

I can’t help but think that if any political party came out as being against these charges they would garner huge support from the oppressed masses.

[fernack]

Dear Sirs,

　

I note the ambiguous outcome of the Supreme Court ruling regarding the OFT and bank charges. The Supreme Court did NOT say that charges are fair - just that the OFT cannot assess charges for fairness. The Supreme Court have pointed to Clause 5 of the UTCTA Regulations as a better possible avenue for the OFT to have used.

 

Clause 5(1) states that "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer."

 

Any clause allowing a bank to impose repressive charges, and increase and change those charges at its own discretion would be extremely likely to put the bank in a dominant position - and therefore the term should not be allowed to stand.

It is my view that County Court judges have been given the the right to decide what is fair and what is not. A draft order to reveal the true cost of unpaid cheques, unauthorised overdrafts etc would be sought. Also interest at 8% would be added to the amount owed.

I again request that you repay the unfair charges applied to my account in the sum of £XXXX. You have already agreed that I am in financial difficulty and First Direct have already repaid unfair charges to thousands of customers prior to the Supreme Court ruling.

 

 

I am trying to draft a letter to my bank after the ruling - what does anyone think? Dont know how to proceed or how to end the letter. Is it even worth bothering? Shall I make this my LBA?

Thanks

[onestressedwoman]

Go to a cashpoint and check your balance before going into the shop...

 

Not that easy I go to my bank and balance says £222 I get charged for going over my OD arrangement when I phone to complain I am told what are you doing spending £10.02 on Mac Donalds if you have no money -

 

I forward print out from cash machine charges still applied and no response to complaint recieved

 

HAS PETITION BEEN DRAWN UP FOR nO.10 IF NOT HOW DO YOU DO IT

[gazhodge1981]

as the people, why dont we start our own bank we can make the billions the banks do for us!!!!!

this is very disappointing but at the same time all it seems to me is that we are back to pre test case. will be interesting to see what happens now - a new government is for sure now

[Crapstone]

 

The Office of Fair Trading: OFT disappointed by Supreme Court judgment

 

OFT disappointed by Supreme Court judgment

 

137/09 25 November 2009

The OFT is disappointed by today's Supreme Court judgment, which overturns previous High Court and Court of Appeal rulings that unarranged overdraft charging terms can be assessed in full for fairness. It will also be disappointing for many consumers.

The OFT will now consider the detail of this judgment before it makes a decision on whether or not to continue its investigation into unarranged overdraft charging terms. It will also explore with others the implications for consumers and for existing and future legislation and regulation. The OFT expects to make a further announcement in December.

The OFT set out its concerns in relation to unarranged overdraft charges as part of its 2008 market study. This found that banks earn around a third of their retail revenues from unarranged overdraft charges that are difficult to understand, not transparent, and not subject to effective consumer control.

The OFT will be seeking discussions with banks, consumer organisations, the FSA and the Government in the light of this judgment.

NOTES

1. A copy of the Supreme Court judgment is available on the Supreme Court website at: www.supremecourt.gov.uk/news/judgments.html.

2. The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) are designed to protect consumers against unfair standard terms in contracts they make with traders. The Office of Fair Trading, together with certain other bodies, can take legal action to prevent the use of such terms.

3. The other parties to the test case are Abbey National plc, Barclays Bank plc, Clydesdale Bank plc, HSBC Bank plc, Lloyds Banking Group plc, Royal Bank of Scotland Group plc and Nationwide Building Society. Together these current account providers account for about 90 per cent of personal current accounts in the UK.

4. Read more information about the OFT's investigation into unarranged overdraft charges.

5. Read 'Personal current accounts in the UK - an OFT market study', along with the follow-up report of October 2009.

[bobsp]

ok, what if i have no access to cash point, its out of order, a que and shop shuts in 2 mins...etc,

 

Ok I am not getting into any kind of debate here. I dont work for a bank, so am not on a bank's side in any way here. Its personal money management. I know what is on my account all the time as I check, I have not been charged for 2 years now, well once 18 months or so ago, it was my fault and I accept the £8 charge. Some people dont seem to care though. "I dont care what is in my account, I will use my card and if I get charged I will complain" This is where it starts to go wrong. Then its the banks fault etc... I agree £30 + is by far too excessive, but you know what the charges are, if you do not want to accept the charge, check your balance, or dont go to the shop that shuts in 2 mins..... Use cash only, there are loads of alternatives to getting charged.....

[bobsp]

Not that easy I go to my bank and balance says £222 I get charged for going over my OD arrangement when I phone to complain I am told what are you doing spending £10.02 on Mac Donalds if you have no money -

 

I forward print out from cash machine charges still applied and no response to complaint recieved

 

HAS PETITION BEEN DRAWN UP FOR nO.10 IF NOT HOW DO YOU DO IT

 

You had obviously spent £220 or so since looking at your balance then...

[fernack]

Also just opened a letter from FD with leaflet of revised charges PMSL - they knew what the outcome was going to be ffs

[Edinburghbunnet]

This is the email address of Sarah McCarhy-Fry, who commented on the result today. What is key that she states that she will work to create a new framework for bank charges. This is not good enough. We should contact her and make clear that there needs to be action taken on the charges already incurred. PLEASE write emotive emails showing the depth of feeling about charges already incurred and how we are looking for strong political leadership. POLITICISE THE ISSUE!!!

 

[email protected]

[kalijack]

If any of the judges in the Supreme Court are bank shareholders, isn't that a conflict of interest?

 

Something is rotten to the core.

[veester]

i can just imagine the bank hitting the print button to all of those customers who have claims on hold giving them the big finger.

 

But then of course if we calm down and read the ruling as some of the people on the thread have...

I like your approach fernack

 

But i am going to wait for the dust to settle over the next couple of days.

[Crapstone]

Am I imagining things or was there a post by one of the site team with a link on it? I clicked it and it said permission denied but now it's vanished...

[davefirewalker]

Go to a cashpoint and check your balance before going into the shop...

 

Doesnt work like that......

 

I paid for something by debit card on the internet it cost me £2 and my balance was >£20 it was authorised and paid.......however come monday they decided to take out a previous months charges which then put me over and then charged me a "guarantee card payment" fee of £35 for the £2 which was paid and authorised with no problems.....

 

A prepaid debit card will NOT let you go overdrawn ..... why cant the banks do that.......A it would cost them money

 

If I went somewhere and paid by debit card it should know if I have money in the account...I have sometimes got the declined notice. BUT they engineer it so that they can make people go overdrawn and charge them.....

 

What makes it worse is that they charge you for NOT paying your d/d.

 

shouldnt respond to trolls....but couldnt help myself

 

Dave

[TenaciousC]

Am I imagining things or was there a post by one of the site team with a link on it? I clicked it and it said permission denied but now it's vanished...

 

Yeah it did, I had the same, now my posts say they need to be reviewed before they are shown, what happened there then?

 

[EDIT] Now my posts are appearing without the need to be reviewed.. interesting.

[Crapstone]

Keep an eye out for PM questions...hope Brown squirms as it's sure to be raised.