Do we really need the OFT ruling to carry on our cases

[themadcap]

Does this have total effect on our cases? surely we can continue as before the test case was announced as no ruling over the actual cost of the charge has been made cn we not continue on the penalty basis?

[themadcap]

Did anyone else get an email from natwest about 15 mins before the ruling stating their charges changes?

[Rhia]

If these charges are so fair etc why did a couple of the banks reduce theirs to £5. The fight goes on.

 

Didd Natwest increase their charges?

[Rhia]

The link won't let me in 42nd Man

[IainHL]

Did anyone else get an email from natwest about 15 mins before the ruling stating their charges changes?

What were the changes (a high level summary will do!)?

[Rasssspy]

Did anyone else get an email from natwest about 15 mins before the ruling stating their charges changes?

 

Yes I got an email saying the terms and conditions etc had changed I thought it was funny that it was sent today......

[themadcap]

I wonder if the mighty FSA would have lifted the waiver this early had the banks lost?

[Rhia]

Have read the NatWest new T&Cs and they have reduced all their charges. I think this ruling is not such good news for the banks as the OFT will just carry on and find other ways to make them toe the line.

 

Still not sure what it means to anyone wanting to claim.

[themadcap]

As the judge stated that the charges cover the costs involved in running a current account then i might as for a few quid back on my 2nd HSBC current account as ive never been overdrawn and therefore it must be cheaper to run this lol!!!!

None of the charges on my other account (was in court aug 07 - just in time to have it stayed b******s!!!!) say overdraft charge (arrangement fees, notified fees etc), ive never had an overdraft in my life i only have unpaid d/debits which might have put me £12 over but were returned instead and charged £25 and thats fair?

[themadcap]

My new letter is on its way to court, dg and colin langdale want to be the first in haha

[themadcap]

I seem to have jumped the gun a bit, I sent my application to lift my stay yesterday with the updated letter qouting clause 5 it seems were now being told to wait, where do i stand on this?

will post my POC's as listed on my court claim form shortly as it mentions no clause just utccr

[renegotiation]

I wonder if the mighty FSA would have lifted the waiver this early had the banks lost?

 

Furthermore, they automatically assume that's that and there will be no European appeal. However, after the banks lost in the Court Of Appeal and were denied leave for further appeal the waiver wasn't lifted. It was assumed there would be a further appeal. They just wait till they get the answer they want. Like with the Irish referendum. Hmm, I wonder if there will be a third vote? Of course not, the naughty Irish just got it 'wrong' first time round, bless their little cotton socks, and managed to get it 'right' the second time round the silly billies. As for us English, well... If 'democracy' is supposed to mean a free and fair society, then we certainly don't live in one. The Supreme Court acted like gangsters.

[themadcap]

I seem to have jumped the gun a bit, I sent my application to lift my stay yesterday with the updated letter qouting clause 5 it seems were now being told to wait, where do i stand on this?

will post my POC's as listed on my court claim form shortly as it mentions no clause just utccr

Can anyone help me with this????

[themadcap]

herse my POC's from march 2007

1. The Claimant has an account ********

with the Defendant, opened May 2001. Since

*/*/2001 the Defendant debited charges and

interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of #*****; (b) Interest

per S.69 County Courts Act 1984 of 8% -

#****continuing at 8% until judgment or

settlement 6. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982. 7. Costs

allowed by the Court.

[themadcap]

Would seem to be relying on clause 6 quite a lot and need amending

[Rhia]

The Supreme Court said any cases need to be challenged under S5.1

[ICY]

I have 10 claims ongoing, none of them mention any specific clause on the POC, but I think they will need to be resubmitted spefically focusing on clause 5.1, just need to wait until new POCs are released, the team are working on the way forward, our task is simply to wait until then, lets not rush in too eagerly, if the court dismisses the cases we will soon know the best way to challenge this.

[themadcap]

heres my poc's not too good and have already sent the template letter to court on weds!!!!

 

herse my POC's from march 2007

1. The Claimant has an account ********

with the Defendant, opened May 2001. Since

*/*/2001 the Defendant debited charges and

interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of #*****; (b) Interest

per S.69 County Courts Act 1984 of 8% -

#****continuing at 8% until judgment or

settlement 6. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982. 7. Costs

allowed by the Court.

[ICY]

Dont worry too much, hold off on doing anything else just now

[themadcap]

Thanks ICY posted this a few times on different threads to get an angle on it.

I know I will eventually have to amend my POC's to reflect clause 5 but shouldnt be to difficult as its not to specific at present and I should have plenty of time when the mods get the new ones set out

Will keep site infromed as I may be one of the first!!!

cheers