Office Of Fair Trading Test Case

[Destinyofsouls]

Some Very interesting reading

 

Office of Fair Trading: Personal Current Accounts in the UK - (April 2007 - OFT918) :: BSA - Building Societies Association

[Lunatic Flea]

Last i heard, they either will or have made an application to the master of the rolls in england, which means it will take a while for the decision to be granted. So, I'm 99% certain, you're going to be jumping for joy tomorrow:)

Now if this is true i will be jumping for joy:D

99% sounds good to me:-)

I suppose it also depends on the Judge and if he wants to possibly adjourn because he knows there is a application to the master of the rolls but don't think he will.

If i do get judgement:) is there any right of appeal or would they not bother?

[tomterm8]

Now if this is true i will be jumping for joy:D

I suppose it also depends on the Judge and if he wants to possibly adjourn because he knows there is a application to the master of the rolls but don't think he will.

If i do get judgement:) is there any right of appeal or would they not bother?

 

In theory, there shouldn't really be any chance of them sucessfully appealing... but the banks DO seem to get away with murder, so i wouldn't like to guarantee it.

[Lunatic Flea]

In theory, there shouldn't really be any chance of them sucessfully appealing... but the banks DO seem to get away with murder, so i wouldn't like to guarantee it.

Your not wrong there:mad:

I guess i will have to keep my fingers crossed. I will let everone know tomorrow. Just hope i don't have a maverick judge

[MacBoy]

Must be something about Quo fans being against the Forum Rules..

[tomterm8]

Must be something about Quo fans being against the Forum Rules..

 

They let ginster pasty eaters in... they have no shame...

 

Standards Are Falling, I tell you.

[Lunatic Flea]

They let ginster pasty eaters in... they have no shame...

 

Standards Are Falling, I tell you.

LOL:D

PMSL:D

[MacBoy]

Who...me? What? ::: pseudo-pastie crumbs drop from chin.... :::

[Falkirk1298]

It will be interesting to see what happens with the judgment in the Brennan case tomorrow - the OFT and the banks may end up with a test case a bit sooner than they had anticipated!

[photoman]

I've followed this thread right through and have formed the following opinion.

 

1. The test case is in relation to the UTCCR - nothing else

 

2. The banks are buying time

 

3. The consumers were not informed of the test case as there may have been a security issue given the amount of people affected with any outcome

 

4. I will continue as usual with a TSB claim I had as a teenager

 

5. Any refusal from the banks to provide information will be met with a complaint to the Information Commissioners Office, FSA and OFT

 

6. Any application for a stay will be thoroughly challenged

 

7. Any delay in my claim being heard will simply result in a substantial increase in the amount of interest claimed

 

8. Any delay will also provide valuable time for thorough research and organisation of my current claim

 

9. Any judgement made in the banks favour will cause a public outcry

 

10. All claimants should continue as normal and fob off any excuses the banks may give

 

11. All claims should still be made at Court which will save any limitation issues and put pressure on all parties as the amount of claims increases

 

12. The banks are in big ship, and are now begging for help as they (edit)are inundated

 

13. I will move all of my accounts away from those I feel are trying to shy away from their responsibilities now they have been found out - (edit)

 

14. The next few weeks will show by the banks actions their true intentions when agreeing to this test case

 

15. The BBA are shipping themselves (but are the only true guardian the banks have)

 

16. The FSA cannot be trusted

 

17. The OFT bow to pressure and are underfunded

 

18. All correspondence between the consumer and the banks collectively will cost millions, I will be writing a letter a week

 

19. New claimants will be deterred

 

20. I will strive to keep this in the public eye in case it fizzles out

 

21. I will go public with my claim with the BBC

 

22. I will consider a complaint to the police against those ultimately responsible for setting procedure within the banks

 

23. I will never trust / empower these people again by allowing them to babysit any money I have and will withdraw everything in cash

 

24. I consider this to be the best sure investment I have ever made

 

Tide

 

25. I will now research and compose solid arguments for the return of ALL charges EVER applied to my accounts since it was opened under section 32 of SOL.

 

26. I will research every reasoning and case law I can find to be allowed to apply compounded annual interest at the highest rates possible from the date of the first charge and compounded annually right until the date all my payments are finally returned.

 

27. I shall trace and account for every penny in interest applied to me due to my losses. This includes the proportion of any extra interest I may have paid upon consolidation loans that is due to the repayment of these original charges.

 

27. If my current bank tries to ever apply any charges between now and the date that the OFT case is decided I shall refuse to pay them, and similarly cite my own contention to refuse to pay as the lawfullness of the charges are currently the subject of a test case.

[pward33]

Must be something about Quo fans being against the Forum Rules.. :grin:

:mad:

[noomill060]

'koff!

[tomterm8]

I've followed this thread right through and have formed the following opinion.

 

1. The test case is in relation to the UTCCR - nothing else

Tide

 

Actually, to be really pendantic, the test case is in relation to whether, in principal, a representative sample of the standard terms of business of the major banks can be said to be fair in relation to the UTCCR and Unfair Contract terms Act, and also (as a counter claim) whether the terms are charges in receipt of a service, rather than charges on breach of contract.

 

it may also be amended at a latter date by the OFT to include a claim against the banks founded upon the basis of the enterprise act, that the banks are operating as an unlawful monopoly insofar as these charges are unrepresentative of the true market costs of the services enjoyed.

 

That last paragraph is a real sting in the tail... only two organisations in the UK could bring it, and it's practically unarguable by the banks, and would leave them open to fines in the billions of pound region.

[MacBoy]

Hehehehehe! noomill060- you want to get some Benilyn for that... :D:D

[maybelline]

I confess to having only read part of this thread but would like to ask, does this apply to claims for unfair charges by other financial institutions such as mortgages (my hearing is on Wed)

[Fat.Controller]

Now if this is true i will be jumping for joy:D

99% sounds good to me:-)

I suppose it also depends on the Judge and if he wants to possibly adjourn because he knows there is a application to the master of the rolls but don't think he will.

If i do get judgement:) is there any right of appeal or would they not bother?

 

As with any 'Judgement by Default' the defence can apply to have it set aside and will probably cite the test case as the reason for that.

 

FC

[ICY]

I confess to having only read part of this thread but would like to ask, does this apply to claims for unfair charges by other financial institutions such as mortgages (my hearing is on Wed)

No it doesnt affect mortgage claims

[pward33]

As with any 'Judgement by Default' the defence can apply to have it set aside and will probably cite the test case as the reason for that.

 

This is absolutely true in principle, but given that the judgment is being made (assuming a default judgment is indeed granted) because the Defendant ignored a judge's directions, the Defendant, as I understand it, would have to give good reason for having ignored those directions before they would succeed in an application to set aside.

 

IMHO, of course and I stand to be corrected.

[LyncusBee]

Well it's Monday, I hope the day is favourable to those who's judgements are to be processed and that they get some outcomes and not just granting of stays.... Good luck ppl

[hels bells]

Hi photoman

 

great to see your still on top form, i, m with you my friend all the way xx

 

hels bells x

[hels bells]

p.s photoman.

used your SAR & LBA and still no responce to my request for all data, only sent me bank statements for 6 years not as i requested from your SAR all data, contracts, faxes, letters ect, barcalys bastardos

 

hels bells

 

obvioulsy sent LBA [yours] but they seem to be stuck at the 6 year thing. x

[Lunatic Flea]

This is absolutely true in principle, but given that the judgment is being made (assuming a default judgment is indeed granted) because the Defendant ignored a judge's directions, the Defendant, as I understand it, would have to give good reason for having ignored those directions before they would succeed in an application to set aside.

 

IMHO, of course and I stand to be corrected.

My view on the matter aswell is the same as PWARD33. As pointed out the Defendant would be asking for the matter to be put aside after having ignored the Judges last orders. The Judge will also be aware that the orders were ignored four days before any announcment was made on the Friday.

I would think this way as i have £2200 resting on this Judgement LOL

[conar686]

For all that did not know Tom Brennans' judgement is today, so OFT could be too late.

 

Question - section 32 of SOL?? - anyone

[Bookworm]

For all that did not know Tom Brennans' judgement is today, so OFT could be too late.

 

Question - section 32 of SOL?? - anyone

 

So? TB's judgment will be to see if he will be allowed to proceed with his court case, so it will make not one bit of difference to the OFT case.

[nevos]

The situation is that it appears from what I have read that the banks are going to ask the Master of the Rolls to stay all court cases. Whether this will happen or there is something that as a Consumer Group we can all get together and fight with the help of a legal team and or whether there is any substance to getting cases that are stayed by the courts overturned!! as I along with many others feel it is unfair to stay current claims when the test case has not yet been heard.

 

I agree and have posted on CAG and MSE suggesting they use the £100K fund and do something about this.