chubbas dad v reliance & fester

[chubbas dad]

;-) just read a few post, and squarebob has made a good point. a & l dont seem to be involved in the test cases.so i just had a heart attak for nuthing.

[j.barton1]

never mind..lol...bear in mind that the outcome does affect all banks. Hopefully we'll be okay before then.x

[chubbas dad]

imagine...........imagine..............................ooooooooooooooo lush xxxx

[j.barton1]

Is there enough room on there for you and me and other 1/2's and all the kids??

?????????

[chubbas dad]

he he nice bus...............................think we mite need this though...................

[chubbas dad]

...sometimes i have to use this little gem to go to the kebab shop on a saturday............

[chubbas dad]

morning all....no news at first post, so im going out for the day with the kids.try and take my mind of it.lots of peeps are in turmoil with the news about a test case.need to find a way to relax and keep hopeing.i just cant beleive i got this far to be thwarted now.i hope it dosnt come to that.......................on a lighter note,...this is how i expect the a % l ff trip to the bahamas to look8-)

[kpsh87]

[kpsh87]

Thought this was better sorry about the size couldnt make it any smaller..

[chubbas dad]

omg i want one:-D ......................a & l pay up i wanna buy a car boat canoo stretch limo monster pulling wagon car thing...................

[chubbas dad]

Test Case - Unauthorised overdraft charges - update

 

What is happening?

 

On 27th July, the Office of Fair Trading (OFT) and eight UK current account providers started a court case to decide on the legality of unauthorised overdraft charges.

The case is being called a 'test case' because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.

Whilst Alliance & Leicester plc is not one of the current account providers directly participating in the test case, this is an issue where our customers, as well as the entire financial services industry would welcome legal clarity. We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year.

What will happen to customer requests for charges to be refunded?

 

Customers who feel they have been asked to pay fees in error should still contact us and their request for a refund will be handled in our normal way.

 

What will happen to customer complaints about the level, fairness or legality of unauthorised overdraft charges?

We will not be resolving customer complaints on the level, fairness or legality of unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive.

Why are you allowed to stop dealing with unauthorised overdraft charge complaints during the test case?

 

Like every other bank, we applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances, it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect a customer's rights. You can read the form of the FSA suspension (direction) here: www.fsa.gov.uk

All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint.

Can I make a court claim for a refund during the test case?

 

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

Can I complain to the Financial Ombudsman Service about my bank charges?

 

The Financial Ombudsman Service (FOS) has decided not to review complaints while the test case is running. If you do complain to FOS, you will receive a letter explaining that.

What if I have already been made an offer?

 

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint.

I have already accepted an offer from you. Will my claim be revisited?

 

If you have accepted a 'full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount. However, this does not preclude you from asking for repayment of any new charges incurred if the courts find they are unlawful.

How long will the test case take?

 

At this time it is too soon to give any exact timescale's for a conclusion to the test case but it could go for more than a year. The announcements from the OFT and FSA indicate all parties have agreed to conduct the test case in an efficient, prompt and orderly way.

Where can I find out more?

 

We will post updates on the test case on our website to keep our customers informed of progress.

In accordance with the FSA's complaint handling rules, we will write out to customers to keep them advised of progress on their complaint.

Alternatively, you can find more information on the 'test case' through the following links:

The Financial Service Authority

www.fsa.gov.uk

The Office of Fair Trading:

www.oft.gov.uk

The Financial Ombudsman Service:

www.financial-ombudsman.org.uk

[chubbas dad]

yeah right ,pay and display i say.

[MimiJane]

Cheers chubbas

 

Not sure I completely understand it, but thanks for taking the trouble to post this for everyone.

 

Mimi x

[chubbas dad]

np mimi,i am a bit confused by it also.but hey, they were due to defend on the 27, the same day the test case was announced. so in my opinion they are to late to do anything about my case.as far as i know they havnt sent a second defence, to my local court.i did as i was asked by the judge and served all my papers again.i rekon they will just pay out for me(fingers crossed)as im so far into the proceedings.im so optimistic,rofl .think im just trying to convince myself:p

[chubbas dad]

found this submitted by bookworm,(nod) i feel good now.

 

 

 

...................... PLEASE!.......................

 

 

 

So the OFT is taking banks to court. A great wind of uncertainty is sweeping CAGgers and non-CAGgers alike. At times like these, it is easy to listen to all the rumours, half-baked truths, and feel despair, especially when the media is not letting the truth getting in the way of a juicy headline.

 

HOWEVER! The main things to actually remember are these:

 

If you complain to your bank, or decide to go through the FOS, then your case will be put on hold. But there is absolutely no legal reason not to stick to your deadline and start your court claim as previously planned, or not to carry on with your claim if you had already lodged it.

 

There never was any cast-iron guarantee that you would get your money back within certain timescales, and now, these have just increased, that's all. (Yes, I know that sentence doesn't sound logical )

 

As before, all you stand to lose is your court fee and not get the money you had lost a long time ago if you proceed with a court case and the OFT loses. On the other hand, if the OFT wins, your case will be already in the system, and wouldn't you rather be near the top of the list than at the end when this ends?

 

Another thing to bear in mind is the Statute of Limitations act 1980. SoLA 1980 kicks off from the date you first FILE AT COURT.

 

If you don't, and you were close to the 6 years period, by the time the OFT v 8 banks case is decided, you will have lost hundreds, maybe thousands of pounds. On the other hand, if your claim is already filed, then THAT date is the one where statute barred will run from.

 

Finally, a piece of advice for those with claims already in the system: Do NOT ignore courts direction because you think it's all over. People have been phoning courts all over the country since Friday and the message that is coming out loud and clear is this: BUSINESS AS USUAL, cases are proceeding. So don't neglect your court deadlines, and if you have a chance to get the defence thrown out because THEY didn't comply, do it ASAP, don't give them a chance to apply for a stay.

 

The banks have jumped at the chance to postpone all refunds, so fight back harder. Hit fast, hit low, and don't give them an opening.

 

In other words, KEEP GOING. We'll all get there in the end, but it's up to every one of us not to give up.

 

And most important of all:

 

DON'T PANIC!!!

[chubbas dad]

thanks to bookworm for these words of wisdom and comfort,during these difficult and confusing times. bookworm is my ninja leader,where she treds i will follow(at a distance)light as a chichin feather (even though im over weight it will be lightly )wise words indeed sensee..."fast and low" is the a & l ffs new motto.

 

 

 

"FAST AND LOW"

HERE WE GO,

JUST LIKE A LAWNMOWER,

MOW, MOW, MOW.

 

 

 

AH, HES NOT A POET, AND HE KNOW IT!!!!!!!!!!!!!!!

[j.barton1]

Lawnmower again hunny, we will build you're castle soon at this rate...

 

xxxxx

[chubbas dad]

hi jenny,where you bin,i have been lonely talking to myself,(nothing unusual there)its like living with teenagers all over again........lol. father in law is mowing like crazy as the sun is out.will be bailing hay like theres no tomorrow and no doubt ill be roped in to help ova the next few days.god will my life eva get any easier?

[j.barton1]

I've bin around hunny, busy weekend - race for life yesterday and middle ones birthday on sat- i'm knackered. I've missed being on here though...sad init!!! Trying not to let all the news stress me out though, i'm putting off ringing the court till i have to next week.

xx

[chubbas dad]

good for you on the race for life.happy birthday to the offspring, and bookworms wisdom reigns supreme.i keep reading it, and its good for the soul.i will ring my local,this week and see what the wise judge has decided.im not letting them off , im gonna keep pushing them.

[j.barton1]

thanks Blondy xx Bookie- she's a star- I felt much better after reading her bit.x

[chubbas dad]

some very clever peeps on our side.glad im not a bank

[squarebob]

Don't like the picture posted of me, it makes me look tooo old.

Also Captain Mainwaring says you could be shot for letting the enemy know what I look like.

 

Corporal Jones

Walmington-On-Sea

[chubbas dad]

omg, your still alive? do you still run about the feilds with your le-enfeild 303?watever happend to the girl with the scarf? pikey? what about Mainwaring is he a headmaster ?wheres the warden now?ooooooooo to many questions8)

[chubbas dad]

daddys new car,in this i will attempt a drive by fruiting at a & l head office.