Santander succeed in having charges case removed from small claims track ***WON***

[phatram]

How far back would you be able to go using BCOBS?

[kennyh]

A question I tried posing to Bankfodder but his in-box was, as usual, full.

Having had a quick 'shufty' at bcob I couldn't find anything on retrospection.

I shall work on the basis that if a situation was wrong ,however many years ago, then it's wrong now. That being the case the SOL shouldn't enter play.

PLEASE anyone who KNOWS otherwise - mods(?), Banky - please let us know.

[jdes26]

Positive news

Is a good thing

[caro]

I think it depends on the arguments GLC has used how far back we can claim. I tend to agree with Kenny, that if charges are wrong now, they were wrong way back when, but then of course the banks all changed the way they charged in the light of all the claims in 2006/7 and the OFT's case against the bank - not that they thought they were doing anything wrong of course.

 

It's a shame Santander didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

 

I'm sure we'll hear more in the coming weeks and months about this which will make things clearer.

 

The main thing is that at last we have positive news about reclaiming bank charges.

 

Congratulations and well done to Mike Dailly and the team at GLC, and of course to allix (Walls) for having the courage and conviction to take on Santander.

[seriously fed up]

None of the cases - Reid, Walls or Sharp - are particularly recent cases (Sharp probably first went into court about 18 months ago). Being Scottish cases it may be that they cant be claimed back further than five years, but this would be since the the case first went into court - for instance if I am right about Sharp then it would be five years back from end of 2011 - so 2006 at least i would have thought. But we just dont know - best to wait for events on Monday 2nd.

[citizenB]

How far back would you be able to go using BCOBS?

 

It is my understanding that BCOBS covers anything from 2009

[caro]

This case dates back to around 2010, and the claimant at that time was claiming back six years, which is well before the BCOBs were introduced,

 

 

 

Santander was being sued for £3000 by NHS worker Allison Walls for what

she believes were six years’ worth of unwarranted overdraft charges

 

 

http://www.heraldscotland.com/news/home-news/customers-hit-by-death-blow-in-bid-to-sue-banks-1.1041325

[Faykay]

can anyone tell me the afddress of GE Capital QWoodchester in Scotland or England

F

[jdes26]

So

What's happening ?????

Regarding debate

[kennyh]

Caro said

It's a shame Santander didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

 

Any case details yet available??

And CitizenB reckons

It is my understanding that BCOBS covers anything from 2009

 

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Finally- anything on jdes post above?

[citizenB]

Caro said

Any case details yet available??

And CitizenB reckons

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Finally- anything on jdes post above?

 

 

Please have a read of the BCOBs articles in my signature - they are highlighted in green

 

These will give you all the information regarding BCOBs

[kennyh]

Very many thanks CB and no offense intended. It's just that, having been away from the keyboard and forum for a while, I'm trying to 'get back in the swim' and am playing 'catchup'.

[kennyh]

Just to refresh my earlier enquiries (and very many thanks , CB, for your input;

Caro said

It's a shame Santander didn't lose in court, but the fact they were prepared to settle before the case is an indication that they weren't confident that they'd succeed.

Still no details??

I also asked

Why only 2009 when we tend to use Acts passed in relatively recent times to support claims, some of which (claims) predate the Act which is now Law ?

Probably an idiot question but, then again, an idiot is asking.

Finally jdes asked

What's happening ?????

Regarding debate

 

Anything folks - afraid my crystal balls are somewhat cloudy these days

[caro]

Just to refresh my earlier enquiries (and very many thanks , CB, for your input;

Caro said

Still no details?? Sadly no.

I also asked Probably an idiot question but, then again, an idiot is asking. I assume that this is reference to when the BCOBS were introduced, but as we don't know the POC for this case, I think this is supposition.

Finally jdes asked

Anything folks - afraid my crystal balls are somewhat cloudy these days

 

As far as I know we're still hoping for news from GLC so I guess you need to polish your crystal balls for now.

I do hope that this case wasn't settled with a confidentiality clause...

[kennyh]

Caro,

Many thanks for persevering with an old twonk like me.

Finally, my other question about pre-2009 was to do with BCOBs introduction. There are no poc as yet but if I felt BCOBs produces an avenue for approach then I'll do my best to exploit it; I just haven't stumbled across any info on retrospection as yet.

Ken

[caro]

I think this is a subject close to both of our hearts kenny. No-one will ever convince me that the treatment so many of us have had from the banks could possibly be right. We just have to find the right way to deal with it, and I happen to think that GLC is one of our best hopes to do this.

[kennyh]

Caro,

You remain, as usual, right about that.

[seriously fed up]

As far as I know we're still hoping for news from GLC so I guess you need to polish your crystal balls for now.

 

I can think of worse ways than that of whiling the time away, Caro

[caro]

:rofl:

[means2anend]

i dont get it:|

[kennyh]

Caro,

Is it reasonable to assume that if you can put a 'Won' annotation up then there is no 'gag'? If that is so then when thinkest thou we might see some detail.

Ken

[caro]

All we have to go on is what it says on GLCs website kenny. http://govanlc.blogspot.co.uk/2012/03/unfair-bank-charges-update-from-glc.html#comment-form

 

If any more information is available I certainly haven't seen it.

[seriously fed up]

could it be that we are all making the assumption that at the end of the debate the Sheriff issued a decision. This could have been reserved and is yet to be handed down?

[kennyh]

Caro,

I guess you're not located at Lourdes then?

sfu - we can but hope.