Office Of Fair Trading Test Case

[beetlejuice]

11. What happens to those wanting to, or in the process of reclaiming charges while the case is going on?

It will be for the courts to decide in relation to claims made to them.

The Financial Services Authority has issued a 'waiver' from its complaints handling rules. This action means that until the test case is resolved any bank or building society that applies for the waiver will not be required to handle complaints relating to unauthorised overdraft charges. `does this exclude returned dd's and returned cheques

The UTCCRs law is one factor that the Financial Ombudsman Service must take account of when making its decisions. As this action is expected to provide certainty about the law, the Financial Ombudsman Service has decided not to progress complaints about current account charges until the outcome of the legal action is known.

 

 

 

Comments

 

 

 

Thanks

 

beetlejuice

[hol40017302]

Thanks, I hoped that that would be the case, however, I am still a bit apprehensive about filing a claim with MCOL as I can't help but feel that the likes of MBNA are going to start becoming more difficult to get money out of in light of this.

[12thdomino]

We are not screwed at all, LOL. Calm down, everyone:)

 

I, for one, am going to be launching a F.O.S. complaint tomorrow... business as usual:) I expect a delay, but the actual law on our side is very, very strong.

 

And, the process is now very simple. Much more so than yesterday. Write a complaint letter, and if the OFT wins, get your money back.

 

Hmmm

 

I have in front of me the N2 court document do I still go via this route or via OFT?? :confused: any advice?

 

Sorry mean't FOS

[selinan]

I am wondering (I am sure like many of us) how this is going to effect our cases?

Mine is due in court on Aug 7th. Will HSBC be able to use the waiver thing or will it still proceed?

Any one know any more!?

Selina

[tomterm8]

I'm getting reports of MCOL (Money Claim Online) actually refunding peoples court fees for recent claims covered by the test case...

 

 

 

Has anyone checked their credit card balances, if they went the court route? Are peoples court claims getting cancelled?

[HONESTKNOB]

Ok, hypothetical question....... If we issue court papers/moneyclaim then will the courts still issue them to the banks and then it's up to them to request a stay or will the courts simply not issue them while this case is pending??

[nima21]

thanx for the post, was getting worried cos im in court on the 8th august:confused:

[Catlover64]

Thanks for the response. I did wonder as my claim's already at court waiting further directions, so I thought it might be OK. Didn't take account of the possible stay though!

 

BTW - sent a PM about the Final Demand default on my account? Did you get it? Thanks again.

[JonCris]

The OFT's case is based solely on statute & not precedent/common law

 

Also, as consumers are being denied a remedy would it not be reasonable to demand the banks refrain from imposing such charges until judgment.

 

As it's at the behest of the banks the OFT action stinks & is simply brought to slow or stop the banks profits hemorrhaging away.

 

If they thought there was a public interest case to answer they would have applied to the court for an early resolution/hearing

[dizzy delilah]

The OFT Q&A says that it is for the courts to decide on current claims - hopefully they'll do the decent thing and keep on awarding in our favour. Zootscots announcement says to continue as normal if you're claiming from any of the banks listed. I know how you feel though - I nearly passed out when I read it the first time!

[hedgey06]

Please read the sticky posted in each bank forum for further clarification on this matter

[hol40017302]

I will probably claim one of my credit cards fees (I had 3 cards with MBNA) as a trial run to keep the court costs low just in case I should happen to lose. If all goes well I can then chase them for the remainder. I'm just glad I completed my Nationwide claim a couple of months ago!

[robinhood2]

Zootscoot,

 

Chancing being shot down. Has any consideration been given to CAG applying to the High Court to allow it to join the OFT in its action as an interested party?

 

RH II

[Lunatic Flea]

I will probably claim one of my credit cards fees (I had 3 cards with MBNA) as a trial run to keep the court costs low just in case I should happen to lose. If all goes well I can then chase them for the remainder. I'm just glad I completed my Nationwide claim a couple of months ago!

I am due to receive judgement on monday after Lloyds failed to serve a counter scedule on me or file at court a counter scedule by the 23/7/07

Hopefully i will win on Monday. After tomorrows case will the bank have to ask for stay in each individual case by informeing the relevent court etc and would this have to be done by post. If so i think i Lloyds will not be able to post in time for my case in time.

[dizzy delilah]

I can feel panic setting in.....:o ANYWAY - Whose to say that the courts won't still keep on awarding refunds to us poor so and so's until the test case proves otherwise? As far as I can see, the OFT hasn't ruled that no more claims will be dealt with at the moment. There has to be something positive in here somewhere....

[HONESTKNOB]

Personally I will still be submitting court forms because I have a feeling that the banks will still be making 'goodwill gestures' to settle. Do they really want thousands and thousands of claims backlogging for 2 years while they play russian roulette with 1 case that could force them to pay back millions of pounds?

I'm not panicking, .................yet!

[12thdomino]

Yeah, I think mine will go in as normal see what happens

[dizzy delilah]

You may be right about the GOGW thing Honestknob - I got 2 offers from different banks yesterday. Both still rubbish but nevertheless......

[1970]

I think the message is - continue your fight according to the guidelines on CAG and follow any new advice that appears as the OFT case develops.

 

For me, I had written off the money they had taken over the years so when it gets refunded, it's an absolute bonus.

 

Stick together friends and dont panic.

 

1970.

[greendykes]

Totally agree with 1970 and apologies to TomTerm(TomTom). Stay calm dont panic..thats what the banks want us to do. Business as usual peeps.

[Curlyben]

Yep everythig as normal until the courts say otherwise.

I can see them running out of N1's quickly

[Turboman]

So claims on late payments etc on conventioal variable rate mortgages are still ok?

 

C4A

[invictus]

Having read all the reports I can find and the clear-headed advice in the sticky about the test case my thoughts are thus:

 

Complaints to FOS right now, pretty much a waste of time. The only possible use is to put a stake in the ground that you can count your six years back from so that you don't lose out on claiming any past charges as time rolls on, whilst waiting for the ruling of the high court.

 

County Court claims, CARRY ON! although the banks will almost certainly ask for a stay, it is I believe up to the district judge, and even if the judge grants a stay you can apply to have it lifted. I'm not sure on what grounds yet but I think something along the lines of the abuse of process strikeout application, i.e. the banks already know the charges are unlawful as evidenced by the number of claims settled despite them filing defenses.

 

Also may be able to claim something about the scope of the OFT "test case" (I hate it that they dumb it down like this) being too limited to be useful.

 

Just to clarify, this is not a "test case" since there is no case, it is the OFT asking the High Court to clarify whether UTCCR (the piece of legislation) can be applied to bank charges, not, in my understanding, whether bank charges are themselves unfair.

 

Please feel free to correct me if you think I'm barking up the wrong tree, but I'm going to issue a couple more claims very soon.

[invictus]

Also looking at point 7 of Lloyds standard defense they argue that the charges are a fee for a service not a charge as a result of a breach and therefore do not have the meet the UTCCR test of fairness in section 6 (I think it says 6 just going from memory). Will the ruling address this point at all, I doubt it.

[peter534]

Will everyone please cheer up! We have all come across delaying tactics time and time again, but has this stopped us? NO!

 

CARRY ON, CARRY ON!!!!!!!!!!!!!!!!!!!!!!

 

As somebody mentioned a couple of pages back, none of the big guns on this site have commented yet - that's probably because they're looking for solutions not problems.

 

GIVE UP NOW AND THEY'VE WON!

 

Happy days will be here again!