Office Of Fair Trading Test Case

[TUTTSI]

Hi Mistermind,

 

Yep, done all that. And told the court the same thign, but no one is budging - it's absoutely disgusting!!

 

 

Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

[un1boy]

Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

No, Ive not seen it. I'll have a look and now send another letter to the bank.

[crfx250]

Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

I'd be interested in reading that but can't find the artical on their site.

 

Was it definately today?

[midge61]

It's here

 

Banks flout rules on hardship cases | This is Money

[crfx250]

It's here

 

Banks flout rules on hardship cases | This is Money

 

Thank you midge!

[midge61]

Youe very welcome:D

[determindator]

I have had my stay lifted to be heard in February 2008. I wonder what this implies as to the OFT test case.

 

Also whilst I'm here, you may have seen the thread Xmas meet in London 24th November but if not, please check out and see if you can make it.

 

D

[TUTTSI]

Youe very welcome:D

 

Thanks Midge, I could not find it online - How did you find it!!

DSxx

[TideTurner]

[quote=determindator;1222357Also whilst I'm here, you may have seen the thread Xmas meet in London 24th November but if not, please check out and see if you can make it.

 

D

 

Determindator, do you have a link to the thread given the timescales?

[TUTTSI]

Determindator, do you have a link to the thread given the timescales?

 

Hi Tide

 

Here is the link, might we see you there!

 

Xmas meet in London - **Sat 24th November**

 

 

DS

[Guest littlesally]

Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

I am in the process of helping a street homeless man, who gets £50 weekly benefits, get a £38 charge back. The social were a day late paying in his benefits, which meant the money was not there for a standing order.

The bank said he needs to claim the money from the social as it is their fault.

He wrote a letter quoting the law re: benefits and charges they said they won't even consider the claim until after the OFT case!

 

Sally x

[TideTurner]

I am in the process of helping a street homeless man, who gets £50 weekly benefits, get a £38 charge back. The social were a day late paying in his benefits, which meant the money was not there for a standing order.

The bank said he needs to claim the money from the social as it is their fault.

He wrote a letter quoting the law re: benefits and charges they said they won't even consider the claim until after the OFT case!

 

Sally x

 

Sally,

 

Have you seen this thread?

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html#post289030

 

Tide

[Guest littlesally]

I hadn't seen that thread, but that was the next tactic we were going to try - play for sympathy. This is his first ever charge!

He did try phoning, going in etc before writing to them.

 

Thanks for that link,

Sally x

[WILKINSS208]

hi

please could you tell me whether anyone is still putting claims through. i have won a number over the past year, but have started 7 more and have received letters from them staying on hold until this test case completed. when will we know? should i still do ahead and try and claim?

[Guest littlesally]

Claims are still being paid out

http://www.consumeractiongroup.co.uk/forum/natwest-successes/114142-itsmee-natwest.html

That thread should give you some hope. Itsmee persevered inspite of being told to wait and no way would thet pay out, but they did!

I don't think it's the norm but there are still payouts happening.

Have a look at the **WON** threads for others.

Sally x

[JonCris]

If your claim is stayed but the bank still try to recover any debt which includes penalty charges then you can apply to have the stay lifted & your case will proceed.

[Rtech]

I am not sure,that if they try to recover the debt,the stay will be lifted !!!!

 

The Leeds Mercantile Court Judgement of the 29 Aug, stated that any attempt by the Banks to 'enforce' the debt,then the stay would be lifted.However the question is..in legal terms what is 'enforcement of a debt'??

and it would seem the answer is (however I would be delighted if I'm wrong)that 'enforcement' means they cannot go through the Courts to recover...however they may still try other methods,irrespective of rights or wrongs,and that,as far as i understand,would not be enough to lift the stay.

[tifo]

If your claim is stayed but the bank still try to recover any debt which includes penalty charges then you can apply to have the stay lifted & your case will proceed.

 

What if the bank sells the account to a DCA while putting your claim on hold re test case, but you haven't started court proceedings? They say it is legal to sell it as the account is not in dispute because the charges have not yet been proven unlawful.

 

Can you issue a court claim and if a stay is granted, state that the bank has already taken enforcement action by selling the debt while putting your own complaint on hold and that the amount sold included penalty charges therefore the stay should be lifted?

 

Re your statement, why will the claim proceed. Is this common law or does the court state this as part of the stay?

 

Just asking to get things clear.

[Sharkey3439]

I put in the letters to the bank to claim back charges, got the statements, sent back the "you owe me....." letter. The reply i received basically said that the bank, (LTSB), will not investigate, or act upon my request until completion of the test case.

 

Am i dead in the water? or can i proceed with the claim?

 

Ta

 

Sharkey

[Gez]

No. Proceed as normal. Your claim will most likely get stayed pending the outcome of the test case, but it will be accepted & it will continue to gather interest until the test case is over or a deal is done between the OFT & The banks.

[Sharkey3439]

Many thanks

[WILKINSS208]

when is the test case going to end? any ideas

[Deso]

when is the test case going to end? any ideas

 

The 34th of Julember most probably.. I can see this going on and on and on.. just like a duracell battery bunny.. only not as friendly!..

[Sharkey3439]

when is the test case going to end? any ideas

 

Depends what you believe.......

 

Q. What is the test case about and when will it happen?

A: The case is expected to start on the 14 Jan 08, subject to confirmation from the High Court, and will last eight to ten days. It’s important to understand this first stage will determine if the ‘Unfair Terms in Consumer Contract Regulations’ (UTCCRs) can apply to bank charges.

 

Bank Charges Reclaiming: How the OFT test case impacts you...

[TECHSPEC]

The 34th of Julember most probably.. I can see this going on and on and on.. just like a duracell battery bunny.. only not as friendly!..

 

:lol: :lol: