Office Of Fair Trading Test Case

[Lunatic Flea]

Bl**dy typical,

 

Phoned halifax yesterday 26th regarding LBA, they said a letter had been sent out on wed 25th 2nd class post from the revue manager, they couldnt say over the phone but it possibly was good news. Then yesterday there was the announcement that OFT was taking banks to court, our hearts sank, Then i read with glee that all offers to setlle will be honoured, yippeeeee . So where is fridays post?? there will be none because the Bl**dy Royal Mail was on strike yesterday, 26th, so there wont be any mail today:( . Where just hoping that halifax had made an offer before this test case but we wont know until tomorrow (sat). we're biting our fingernails waiting for tomorrows post, we're claiming nearly £8000 incl interest so its a fair whack to possibly have to wait up to 2years to get

 

will keep you all informed

 

regards

dale

 

Good luck. £8000 is a lot of money. Knowing the banks i don't think that offer will be forth coming. Is the offer legally binding????

[jjppcc_1]

Bl**dy typical,

 

Phoned halifax yesterday 26th regarding LBA, they said a letter had been sent out on wed 25th 2nd class post from the revue manager, they couldnt say over the phone but it possibly was good news. Then yesterday there was the announcement that OFT was taking banks to court, our hearts sank, Then i read with glee that all offers to setlle will be honoured, yippeeeee . So where is fridays post?? there will be none because the Bl**dy Royal Mail was on strike yesterday, 26th, so there wont be any mail today:( . Where just hoping that halifax had made an offer before this test case but we wont know until tomorrow (sat). we're biting our fingernails waiting for tomorrows post, we're claiming nearly £8000 incl interest so its a fair whack to possibly have to wait up to 2years to get

 

will keep you all informed

 

regards

dale

 

 

I'm very simalar, I called yesterday at lunchtime and was told a letter was going out that day, I'm also hoping it was an offer and that it wasn't pulled after the anouncement... anyone know what time the announcement was made?

[daleh43]

Good luck. £8000 is a lot of money. Knowing the banks i don't think that offer will be forth coming. Is the offer legally binding????

 

The guy on the phone couldnt say over the phone to pre-empt the letter (but knowing our luck it will say that all claims are suspended due to test case) but he seemed to say it was good news.

 

the FSA has said that all offers to settle must be honoured so heres hoping theres good news in the letter whenever we get it

 

regards

dale

[paulson1985]

My friend was in court on Wednesday against Barclays, Barclays agreed to settle without a trial, Now my friend is scared in case she does not get her money.

 

The judge adjourned the case for 28 days to allow Barclays to settle.

 

I

[daleh43]

My friend was in court on Wednesday against Barclays, Barclays agreed to settle without a trial, Now my friend is scared in case she does not get her money.

 

The judge adjourned the case for 28 days to allow Barclays to settle.

 

I

 

All offers to settle, wether by letter or by court action will be honoured according to FSA so i wouldnt worry that much

[Deso]

From the FSA website:

The Financial Services Authority (FSA) today (Friday 27 July) issued a 'waiver' from its complaints handling rules that apply to unauthorised overdraft charges complaints. This follows the decision by the Office of Fair Trading (OFT) and some firms to initiate a test case in the High Court to resolve legal uncertainties on the application of the law to these charges.

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 within the time limits set out in the FSA rules. The Financial Ombudsman Service (FOS) has adopted a similar approach and the county courts are expected to follow.

Clive Briault, Managing Director, Retail Markets, said:

"The FSA supports the test case on unauthorised overdraft charges as the current situation does not provide certainty or consistency for consumers or firms.

"We have granted the waiver to help facilitate this test case. We believe it is not in the interests of all consumers for complaints to continue to be dealt with in the current inconsistent way. Once there is certainty on these charges, complaints can be dealt with fairly and consistently. To ensure consumer protection we have imposed a number of conditions on the waiver that firms must adhere to."

The conditions in the waiver include dealing promptly with complaints once clarity is achieved and communicating clearly with consumers throughout the process. The FSA also expects firms to continue to help their customers avoid incurring unauthorised overdraft charges in the first instance and to continue to deal with hardship cases.

The FSA will review the waiver in two months time to ensure, among other things, that firms are complying with its conditions. The FSA can also revoke the waiver at any time if it considers that the waiver is no longer appropriate, for example if progress on the test case is not being made or if a delay in the resolution of the test case is likely to cause undue risk to consumers.

The FSA will publish later today the results of thematic work on how firms are currently handling complaints on unauthorised overdraft charges. Practices varied across the visited firms, but in some the FSA found significant deficiencies and important areas of weakness in their approach. These included:

• a failure to respond to complaints fairly and consistently; to address adequately the subject matter of complaints; or to ensure complaints are resolved at the earliest possible opportunity;
  
• unfair closure of accounts, or threats to do so; and
  
• false or misleading statements made to complainants.

The bold sections caught my eye, helping us "avoid incurring unauthorised overdraft charges in the first instance" surely this is not being done at present so what will this solve? also does the second bold section mean that if the test case drags on then the banks will be forced to progress the claims? Or is this just lip service?..

I need a drink!!!

[2Grumpy]

I heard a bank's spokeswoman on the news

 

Apparently the banks welcomed this ane she was saying that it was in the consumer's interest for this to be all cleared up.

 

These weren't penalty charges but legitimate service charges - correct charges for the services that the banks were providing (like £30 service charge to bounce a dd that would have taken you £0.01 over your limit). It was so plausible that I almost believed her and wanted to open my bank account up to be plundered.

 

Presumably the banks will hire the best teflon coated silver tongued lawyers whilst the OFT will look for the smallest number of lowest price lawyers possible as being the best value for the tax payer.

 

And nobody will be shafted by this.

 

Groan

[daleh43]

just got this update off FSA website:

What should you do now?

 

 

 

If you've made a complaint or are thinking of making a complaint about unauthorised overdraft charges here are some general questions and answers to help you – for information about your individual circumstances speak to your bank or building society.

 

1. What this will mean for you, if
   • you have an outstanding complaint
     Your complaint will remain with the bank or building society but will not be dealt with until the test case is resolved.
     
   • you have just been made an offer of settlement by the bank/building society
     You can accept the offer or wait for the outcome of the test case. You have two months to decide if you want to accept or reject this offer.
      
     If you decide to wait for the outcome of the test case, you won't then be able to take up the original offer.
     
   • you have received a final response from the bank/building society which does not include an offer
     If you are not happy with the firm's response, you can still take your complaint to the Financial Ombudsman Service. However, the Ombudsman is unlikely to progress complaints about unauthorised overdraft charges – other than in hardship cases (see below) – until the test case is resolved.
     
   • you have already had a settlement and want it reviewed
     A full and final settlement is just that – it is final. In some exceptional circumstances a complaint can be reviewed – for example, if there is evidence of coercion or bullying.
      
     However, you can still complain about any new charges incurred since that settlement.
     
   • you are in very difficult financial circumstances – 'hardship cases'
     If you have a case of genuine financial hardship, your bank or building society must deal with your complaint – see the Banking Code for how they can help. If you're not happy with the firm's response to your complaint, you can take it to the Ombudsman, who will consider whether your complaint can be dealt with before the test case is resolved.
     
   • you wish to complain from today
     You can complain now or you can wait until the test case has been resolved – you won't lose out. Your complaint will be recorded and stored, then dealt with as quickly as possible once the test case is resolved.
      
     Your bank or building society will still have to acknowledge your complaint within five days.
     
   • you want to complain to the bank about other issues
     You can still use the existing complaints process for other financial complaints – see Making a complaint. But, if your complaint relates to the fairness of unauthorised bank charges, that part of your complaint won't be dealt with until the test case is resolved.
     
   • you want to make a complaint in Scotland
     You can take your complaint to the Ombudsman or the courts. If you want to take your complaint to court in Scotland, the timing is important. You may want to get independent advice and file a claim now to protect your rights (although you will have to pay a court fee).

[*]Will banks and building societies still charge customers for unauthorised overdraft charges during this time?

Yes, it is likely that they will do so. But this will not prevent you asking for repayment of any future charges if the test case finds they are unlawful.

[*]What about banks and building societies who don't sign up to the waiver?

We expect all banks and building societies to sign up, but we will monitor the complaints handling process of those who don't very closely.

[*]How will the FSA know if the waiver conditions are being met?

The FSA will review compliance with the conditions in the waiver regularly to make sure consumer interests are protected. We can revoke the waiver at any time if we are no longer satisfied that the waiver is appropriate.

[*]How long will the test case last?

We cannot predict how long it will last. However, we have granted the waiver for one year and it will be reviewed regularly. We can, for example, revoke the waiver at any time if progress on the test case is not being made or if a delay is likely to cause undue risk to consumers.

[*]If the banks and building societies win, what does this mean for customers who have received money in the past?

Previous settlements will not be affected by a court decision in favour of the banks and building societies.

[*]What happens if the OFT wins? Will this mean that customers who've had unauthorised bank charges get money from the bank?

It will depend on the precise outcome of the case, but many customers are likely to be entitled to refunds if this happens.

[jjppcc_1]

These weren't penalty charges but legitimate service charges - correct charges for the services that the banks were providing Groan

 

Does anyone know exactly what service the banks claim they are providing? as far as I can see this service is not benefiting me one bit, nor do I remember requesting any service from them other than for them to 'look after' my money, manage my payments by DD, a chequing service and a debit card service, all of which come as standard on a 'free' current account.

 

if the service they think they are providing is to return an unpaid item, or to bounce a cheque then I did not ask for this service, did not agree to this service and do not require this service and therefore do not want this service.

 

what service??!! Grrrr:mad:

 

rant over, but seriously, what service?

[Deso]

Here is my banks attitude to the test case.

RBS: Test case - Overdraft Charges – Update

 

They don't hang about do they? They've got our money and theres nothing we can do except wait until they have won their case (which they will, Im of the opinion its already been decided).

If you got paid out before all this, well done. The rest of us, hold on tight and grit your teeth because one way or another we're going to get royally screwed over this.

[MacBoy]

Deso

 

HBOS are not far behind either. On a tip off from another poster on the HBOS thread, I have downloaded the recorded message from Halifax's 'Bank Charges Complaint' telephone banking option. It's stored in my 'evidence' file

 

In it they warn that it 'could take over a year' before they have to consider dealing with further cases. A blatant, deliberate ploy to discourage people from continuing with complaints and claims, in my view and arguably an abuse of the 'concession' given to them by the FSA even before the ink is dry!

 

CONTINUE WITH YOUR CLAIMS!

[diabolical]

Well, first the banks didn't want to go to court and now they are eager to? Why? Because they know they've already won? I'm thinking conspiracy at the highest levels... money talks, always has done.

[redsonja]

Can anyone tell me if the new POCs have been drafted due to OFT announcement or were they already in the process of being revised?

 

Cheers

[Lunatic Flea]

Here is my banks attitude to the test case.

RBS: Test case - Overdraft Charges – Update

 

They don't hang about do they? They've got our money and theres nothing we can do except wait until they have won their case (which they will, Im of the opinion its already been decided).

If you got paid out before all this, well done. The rest of us, hold on tight and grit your teeth because one way or another we're going to get royally screwed over this.

Exactly same on Lloyds website. Called the help number but they just repeated what was on the website. They told me i should receive a letter within 5 days.

[GuidoT]

Can anyone tell me if the new POCs have been drafted due to OFT announcement or were they already in the process of being revised?

 

Cheers

 

Coincidence, they were being drafted anyways following the Berwick case.

[Guest deep]

Hi All

 

I certainly feel very lucky today as Lloyds paid my claim in full without conditions attached.

 

But I genuienly feel for all of you who are so close.

 

I agree with quite a number of posts wherby I think there is a lot we don't know about the OFT test case, particularly with conspiracy with the banks etc.

 

I think the big boys and girls on this site must be working seriously hard now, with litagation. I have every confidence that they will come up with some thing soon.

 

We must be positive

 

 

kindest regards to all

 

Dee

[jjppcc_1]

I don't think a conspiracy is the case, I think if anything the banks are trying to save a bit of grace by making themselves appear to be supportive of going to court... I'm sure if they had more of a choice it would be different

[Fezzaboy599]

Hi Everyone

 

This is my first post ! I am shocked that this has happened and feel that really all that has happened is that the FSA has allowed the banks to continue with no thought to the consumer despite there "its in the interests of the consumer" comment.

 

As I understand it the test case is thrashing out the merits of our arguments over the UTCCR 1999 and common law. If the courts decide to stay all cases on the basis that this is being explored by a higher court then surely if we can come up with other law that will support our argument then the courts will NOT be able to stay the action. As I understand it there reason for the stay would be the clarification offered by the High Court in London on this peice of law alone ! Not the issue of bank charges in general.

 

However I am not legally trained and this is not advice, I was hoping someone may be able to guide us all on whether this is a possiblilty ????

[LEECHTHEBREACH]

I have agreed with Halifax and RBS today two cases one for £2700 - charges were £952 + (authorised o/d interest at 1.24% per month) + £1300 of awards and another for £4k (charges +interest on charges +8% +£500 paperwork) - yes today, out of Court.

I do this for a living.

So will you all calm down a bit and carry on as per normal.

Get your cases in as soon as possible, even if it means shortening your time tables.

I honestly believe that no judge is going to effect a stay at this present time but I may well be wrong.

I also believe that something positive is going to happen rather than claimants waiting months.

This is not a House of Lords Directive, these are goverment agencies.

I think you could well see something on PM,s question time shortly.

Leech

[nearlyoldwoman]

phew, just read every single post in this thread and i just feel like flippin crying (lodged my complaint with FOS end of may and all i've had is a letter saying they've received it/busy etc).............i particularly feel sad as there seems to be such gloom about this OFT/test case etc? no-body has actually simply asked, but here's the question;

 

what are the chances of us getting our money back?

 

there's been some great points made in previous posts, especially about them still being able to charge us!

 

i guess we're all feeling unsettled, but there is a great power within CAG now and i doubt we will roll over and be quiet for the next 2 years:p , so i just wanted to say i feel for you all, and i hope we're all feeling strong and back on form soon.

[MacBoy]

So will you all calm down a bit and carry on as per normal.

With respect, Leech, it's understandable some are getting worried with the sudden-ness of the announcement and the eerie similarity between the glib recorded messages the banks are leaving for enquirers.

 

You are correct however that people should take a deep breath, carry on with their actions and not panic. The banks will try and draw any advantage they can out of this, including psychological. And that's what they're doing today with these messages - I have a feeling however that this is premature hubris on their part.

[Destinyofsouls]

I have agreed with Halifax and RBS today two cases one for £2700 - charges were £952 + (authorised o/d interest at 1.24% per month) + £1300 of awards and another for £4k (charges +interest on charges +8% +£500 paperwork) - yes today, out of Court.

I do this for a living.

So will you all calm down a bit and carry on as per normal.

Get your cases in as soon as possible, even if it means shortening your time tables.

I honestly believe that no judge is going to effect a stay at this present time but I may well be wrong. And I bet you are!

I also believe that something positive is going to happen rather than claimants waiting months. Oops !!! wrong again

This is not a House of Lords Directive, these are goverment agencies.

I think you could well see something on PM,s question time shortly.

Leech And a third time?

JMHO

[Destinyofsouls]

From what I have read, there are over 100,000 claims in at the present. Would 100,000 + letters to your MP telling him that you will most definately not be voting for him if he does not get the decision by the FSA overturned?

[MacBoy]

Couple of thoughts that come to my mind:

 

• What's likely to happen with interest during this 'hiatus'? Frozen or allowed to accrue?

• Is the time taken to conduct the test case going to be added to the 'cause of action' timeline allowed to bring a case in the event of a positive outcome?

Just ramblings but worth considering.

[Josie8]

From what I have read, there are over 100,000 claims in at the present. Would 100,000 + letters to your MP telling him that you will most definately not be voting for him if he does not get the decision by the FSA overturned?

 

 

Personally I think CAG should start organising a major lobby of ALL MPs in the House of Parliament and the Minister responsible for the OFT. After all these are the OFT's bosses! For the OFT to allow the banks to carry on with their punitive charges but denying redress to the consumer is diabolical. We must have members affected in every single MPs constituency. You'll soon see action if there was a mass lobby on these scales.