Office Of Fair Trading Test Case

[Michael Browne]

Here's the timetable proposed by the OFT

 

1.5 The OFT and the Banks hereby agree on the following proposed timetable,

which all Parties will invite the Court to endorse:

 

(a) Each Bank to file and serve an Acknowledgement of Service within 7 days of service of the OFT’s Claim Form;

 

(b) Each Bank to provide the OFT, by 1 August 2007, with a copy of its personal

current account agreements and price lists in relation to the Relevant Terms

and Relevant Charges encompassed within the Proceedings pursuant to clause 1.3 above, together with:

 

(i) in relation to any historic Relevant Terms or Relevant Charges, a

statement of the dates on which such Relevant Terms or Charges

applied; and

 

(ii) in relation to any replacement Relevant Terms or Relevant Charges, a

statement of the date of such change;

 

© The OFT to serve one composite set of Particulars of Claim relating to the

Relevant Terms or Relevant Charges of each Bank by 31 August 2007;

 

(d) Each Bank (or, if considered appropriate, the Banks together) to serve a

Defence and Counterclaim by 28 September 2007;

 

(e) The OFT to serve a Reply and Defence to Counterclaim by 26 October 2007;

 

(f) The first Case Management Conference (CMC) to be held on the first

available date after service of the Defence and Counterclaim of the Banks; if

the Court permits, the date of the CMC will be arranged through the normal

channels as soon as the Claim Form has been issued;

 

(g) Directions to be sought at the first CMC to deal with the following matters

(unless dealt with earlier, if the Court should so decide):

 

(i) extent and/or timing of evidence by way of witness statements or

otherwise;

 

(ii) extent and/or timing of any disclosure;

 

(iii) listing of trial, including time estimate, with the Parties aiming for a

trial as soon as reasonably practicable;

 

(iv) if appropriate, intervention by any other banks desiring to join the

Proceedings;

(v) if unresolved, the stay of other proceedings in the Courts which raise

the Preliminary Issues and related issues.

 

[Michael Browne]

So for everybody not making a claim yet, don't delay, claim today

Absolutely. remember the Limitations Act will still apply,so the later you file at court, the more charges will fall outside the 6 year limit.

[Michael Browne]

No but Clydesdale is and YB are part of them. See here:

Banks join OFT in test case - Questions and Answers

[Michael Browne]

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable :

 

Attendance allowance

Benefits for widows and widowers

Child Benefit

Child's special allowance

Community charge benefits

Disability living allowance

Disability working allowance

Family credit

Graduated retirement benefit

Guardian's allowance

Housing benefit

Income support

Invalidity benefits

Invalid care allowance

Maternity

Retirement pensions (Categories A and B)

Sickness benefit

Severe disablement allowance

Unemployment benefit

[Michael Browne]

OFT files details of case against unauthorised overdraft charges

 

126/07 31 August 2007

The OFT has today filed particulars of claim at the High Court on the application of the law in respect of unauthorised overdraft charges, and these documents will be available on the OFT website next week after they have been served on the other parties. The documents relate to the question of whether the fairness test in the Unfair Terms in Consumer Contract Regulations (UTCCRs) applies to the relevant charges.

 

The OFT is continuing its financial investigation to determine whether or not unauthorised overdraft charges are fair, based on its view that the fairness test does apply to them. This investigation is due to be completed by the end of the year.

 

The banks take the view that the charges are not covered by the fairness test in the UTCCRs and the court case at the beginning of 2008 is designed to test this point of law. It will not lead to a judgment as to whether the charges themselves are fair or not. The OFT will decide after the initial judgment what steps to take should it win the test case and conclude from its financial investigation that any of the charges are unfair. The OFT will publish its market study on the current account market in December 2007.

 

 

[Michael Browne]

So surely now the FSA must put halts on all new bank charges until the OFT has reviewed what level is fair and not fair?

 

Today from the FSA:

The OFT and the banks will need to review the judgment and decide if they want to appeal. Also, the court has so far only looked at the preliminary legal issues. It has not begun to consider more substantive issues around whether the charges are actually fair and/or lawful. For now, firms can continue to keep cases on hold under the terms of the FSA waiver (PDF).