Office Of Fair Trading Test Case

[moulon]

I hope not.I started M.C.O.L about three weeka ago.I am hoping to be paid out soon.

[tifo]

If we can't get payouts, doesn't it stand to reason that banks shouldn't collect "penalties" during this period either?

 

don't think so. They'll carry in charging .....

 

as always, the consumer gets kicked ....

[Russjo]

Are you sure about that? I've just read in another thread that any bank can apply for the waiver?? I'm so confused

[dar£n]

The Office of Fair Trading: OFT launches test case on unauthorised overdraft charges

[dori2o]

What worries me is that the Consumer will have NO say in the proceedings.

 

I smell a rat!!!!

[paulson1985]

I am asking this question in particularly for my friend, but also for all the other people who are claiming against these banks.

 

Does anybody know what will happen now.

 

Will all the people who recently have received offers from the banks be paid.?

 

Will everybody who has agreed to settle in the courts be paid?

 

Will people awaiting a court date be paid?

 

At what stage will the claims be stayed pending the outcome?

 

This must be a very worrying time for everyone, and I am sure everyone would appreciate answers from the excellent people on here.

 

Although the announcment is good news, There must be lots of people waiting for there money that this announcment will affect badly.

 

Thank You

[Carrera74]

These are the banks that can request a waiver -

 

Abbey National plc

Barclays Bank plc

Clydesdale Bank plc

HBOS plc

HSBC Bank plc

Lloyds TSB Bank plc

Nationwide Building Society

Royal Bank of Scotland Group plc

[treehuggingcox]

the bank have actually made me an offer which i accepted and sent back recorded delivery today, since then the news of the test case has come about and all claims will be suspended, does this mean mine will be suspended or still go through as the offer had been made?

[Amanda Taylor]

I Know you could see the anger in his eyes but she kept avoiding the questions didn't she, I didnt catch all of it my partner raced to turn it on for me to see it, But all bank charge claims have been suspended as from tomorrow until oft & the other one have decided on what is fair for the consumer???

[tomterm8]

How so?

 

All current cases are based on the common law, and also the unfair terms in contracts law.

 

However, for debts regulated under the CCA 2006, a new series of law - the unfair relationships test - has been introduced. This will take effect onj existing open credit agreements next year. The basis of the unfair relationships test is very much wider than the basis of the unfair terms in contracts, because it covers everything done or not done by the creditor.

 

the unfair terms in contract law covers only non-core terms, and has a higher benchmark as far as what is unfair.

 

Martin Lewis was present to respond to the woman who was present from the banking ombudsman.

 

Interestingly, he said that unless the banks refunded all penalty charges automatically as a result of this case then the OFT and FSA may have helped the banks in halting all claims until the test case is over.

 

FSA has introduced a waiver... meaning, FSA handled complaints will not be dealt with until after the test case.

 

Court claims WILL be dealt with, but they can apply for the court to stay proceedings while high court deals with it.

 

so, in effect, all cases are put into hold. however, if the banks lose they would be required by the FSA to introduce a compensation scheme for semi-automatic compensation.

 

 

 

 

Wonder if this works the other way- if they are taking legal action against someone when the debt includes a stack of unlawful charges?

 

It would really pee on the debt collector's collective bonfire if this could be used to force them to hang fire until after the test case....

 

 

Yes, it does. They MIGHT be able to get away with partial claims, however (i.e. claims without the penalty charges).

 

 

 

 

ADVICE TIME: BECAUSE OF THE STATUTE OF LIMITATIONS, IT IS STILL IMPORTANT TO LAUCH CLAIMS FOR CHARGES THROUGH THE COURT SYSTEM, SINCE ANY CHARGES MADE 4-6 YEARS AGO WILL NOT BE RECOVERED UNLESS YOU START THE ACTION

[Carrera74]

so does that mean we are stuck now til the decision is made? I'm kicking myself now because I sent my LBA back in January but have sent another one today to give them another 14 days. Guess I don't need to now

[knoxvillain]

BBC NEWS | Business | Banks agree to charges test case

[Dispirited]

Eek, I feel worried! I'm only at the SAR stage.

[yiddo]

Do the banks not now have to reveal-and defend their true costs though? i still find it hard to believe these costs can be justified??

[PeterAnderson]

Malagar - Hi,

 

Confussed

 

I am in PANIC mode right now - I cannot find - where is the 'Courts Decide' - please guide me.

 

Oh jeeez - my claim was going to pay for a Harley Davidson ULTRA Electroglide - my it seems I am back to a moped

[yiddo]

unless its the old penalty-vs-fee argument they'll all go for??

[yiddo]

its on the oft website-link in original announcement on here

[Goldlady]

Before I spend hours reading all the news articles, what does anyone think will happen to retrospective charges if the OFT manage to prove it costs £0.025 to bounce a cheque. Will the banks be duty bound to refund everyone whether they have reclaimed or not I wonder?

[stonedecroze]

Not sure greendykes, but thats the way I read it as well. But my guess is that the Banks will ask for all claims to be placed on hold till a decision is made by the High Court.

[dori2o]

What I want to know is this.

 

The Test case is for Unauthorised Overdraft fees, right?

 

I have a case with Halifax, they name their fees on the statments as 'Charges as Notified'.

 

These can be a mixture of OD fees and bounced DD fees.

 

As bounced DD fees are not the subject of the Test Case, could I not request Halifax send me details of how each @Charges as Notified' entry on my statements is made up, i.e. either DD return fee, or Unauth OD fee?

[Fred_Funk]

Has anyone read this?!

 

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007

 

Point 11 is particularly interesting. Unless I'm reading it wrongly, it says that the OFT and banks have agreed to suspend any claims made to them pending the result of this test case.

 

That's to say, if you write to your bank or the OFT asking for your charges to be refunded, your claim will be put on hold.

 

If, however, you're at the court stage, the OFT press release is quite clear: "It will be for the courts to decide (how to proceed) in relation to claims made to them."

 

That's to say, it isn't necessarily the case that any claims already at the court stage will be suspended - though, I guess, the banks won't hesitate to apply for stays on this basis.

 

What do others reckon?!

 

Fred_Funk

[noomill060]

Quote:

Originally Posted by noomill060

Wonder if this works the other way- if they are taking legal action against someone when the debt includes a stack of unlawful charges?

 

It would really pee on the debt collector's collective bonfire if this could be used to force them to hang fire until after the test case....

 

 

Yes, it does. They MIGHT be able to get away with partial claims, however (i.e. claims without the penalty charges).

 

 

Agreed, but then they would have to admit that the original debt included unlawful charges and interest.

[Lunatic Flea]

Are you sure about that? I've just read in another thread that any bank can apply for the waiver?? I'm so confused

I am worried and confused now.

The received the "General Form of Judgement or Order" as detailed below and have provided the information as requested by the Judge. I also provided to SCM full details of each charge and how worked out my interest etc as they requested it in a letter several weeks ago. I spoke to the court manager on the 23/7/07 who said Lloyds have failed to file at court a counter scedule and also they have not served anything on me. I even checked again on Tuesday with the court manager who said they definately not received anything.She told me to write to the judge asking for judgement which will be placed in my file that the file which will be given to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement.

I can almost taste the money but will this news today scupper that or as Lloyds failed to meet the deadline imposed by the Judge and it is so far down the line i can breath a sign of relief?

Surely my claim has gone too far and Lloyds cannot ask for anymore time etc???

Reading what Malaga1 wrote above "But the banks will be granted a waiver so they do not have to answer to any more complaints now" i guess this all might relate to any new claims just starting.

It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's

Upon reading the documents on file IT IS ORDERED THAT

1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation.

2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer.

After compliance the District Judge will consider further.

Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of the date of service.

[brokenbybanks]

Hey brothers and sisters -

 

For what it's worth, my advice is to bite down hard on something - I get the feeling we're all about to be royally screwed.

 

Now wouldn't that make a change?

[eileen58]

I wonder what will happen to people who have won but haven't got they're money yet. My son is just waiting for his decree to come through. He has actually won at court so I wonder if he will get his money.

I wonder also what will happen to people again like my son who is being threatened with a default on his account because he is overdrawn.

 

Eileen