Bank charges ruling and it's impact on PPCs

[BoardinBob]

I've been having a think about this.

 

The ruling in the bank charges case suggests to me that the Supreme Court has said that it's ok for a private company, in this case the banks, to levy penalty charges for breach of contract.

 

That's basically what it boils down to. The bank charges in no way reflected the actual losses incurred by the bank when someone breached the contract by going overdrawn without authorisation etc. Therefore they are penalty charges.

 

The supreme court have said these charges are fair.

 

So this opens up the possibility of any private company charging penalties for breach of contract.

 

Yes, no, maybe????

[RichardM]

It makes no difference whatsoever.

 

PPC's have to have proved that you have entered into a contract in the first place. That's where they fall flat on their faces.

[Gambling Commission Rule]

The ruling has no impact. It considered only the narrow area of whether the OFT could use its powers under UCTA regulations. It has no effect on Dunlop/penalty charges, which is a separate area under common law. The OFT clearly took the wrong approach, as is clear from the judgement where the court suggests the arguments they could have made but did not.

[BoardinBob]

Excellent!

[Al27]

Question is whether ALL the claims are struck out immediately, or whether individual judges can decide for themselves.

 

If your case was allowed to be heard, the bank would still have to defend itself, which is something none of them have wanted to do so far.

 

To get a case heard with a bank defending would be a first. But I don't know whether the cases are to be struck out or not.

[lamma]

The dozier PPCs will think it is useful. how long till we see a PPC letter quoting the Bank charges decision ?

[Bookworm]

The ruling has no impact. It considered only the narrow area of whether the OFT could use its powers under UCTA regulations. It has no effect on Dunlop/penalty charges, which is a separate area under common law. The OFT clearly took the wrong approach, as is clear from the judgement where the court suggests the arguments they could have made but did not.

small correction, it's under the UTCCR, not the UCTA.

[lamma]

impact PPCs ? No. But the PPCs will think it does.

[letshelp]

The dozier PPCs will think it is useful. how long till we see a PPC letter quoting the Bank charges decision ?

That will be on the next perkygrams, together with his 'stated' case of CPS v Thomas.

regards

[Rooster-UK]

The dozier PPCs will think it is useful. how long till we see a PPC letter quoting the Bank charges decision ?

AS soon as they can persuade a primary school toddler to draft it for them

[diskmandave]

AS soon as they can persuade a primary school toddler to draft it for them

 

Which WILL and IS already happening!