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Guest Wild Billy

Office Of Fair Trading Test Case

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is anybody elses head hurting???

 

No, but my fingers do, I haven't been that busy trying to reassure people since last year's report on credit card charges!!! :D

 

Oh yeah, that was the OFT's doing too... :rolleyes:

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cheers the fsa and oft.. why cant things just carry on the same until the test case was heard.................. 1 WORD------FKED

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Boris, I just answered you on your Mercantile thread. ;-)

 

Thanks

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To be honest Wild Bill I think you've got this one completely wrong. This may well be the test case that will settle this matter. The problem is that it seems that the banks are allowed to carry on charging these contested and detested charges, while also having the safety net of not having to pay out any claims for the duration of the case. One rule for the banks and a different one for us. I wonder if this now means that people being taken to court by the banks for not paying unlawful charges will also have their cases put on hold? Probably not, but we'll see.

 

It's hard not to think that there is something fishy going on when this is so much in the favour of the banks. That does not imply that I believe in JFK type conspiracy theories, although I reserve the right to do so if I so wish. Only an 'idiot' would deny me that right.

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Guest Wild Billy

I really don't understand this. The law needs to be clarified and that will now happen. That's a good thing isn't it? There have certainly been plenty of posts calling for a test case in the past so why shy away from that now? Everyone knew it would happen at some point and it should have happened much earlier.

 

What the hell are people scared of? Everyone is confident the Regulations apply and the charges are unfair so the law will prevail. Or aren't you so confident and you're now worried this will upset the applecart? This issue is bigger than anyone on this site and this case stands to benefit everyone in the UK, not just the thousands on this site.

 

The alternative is that the test case is never taken and the law is never calrified. Is that what we want? I don't. The OFT may be a lot of things but to suggest a Government department is in cahoots with the banks is just stupid. As is the suggestion the banks welcome this. Of course they don't. It's just spin. If you're taken in by this then I would say you are pretty stupid.

 

I don't currently have a claim with a bank so maybe I'd be more annoyed if I had. But I'm seeing the bigger picture. We should all be very happy with this, even if it means it will take a bit longer to get the money back.

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I wonder if this now means that people being taken to court by the banks for not paying unlawful charges will also have their cases put on hold?

 

 

Except of course we have no choice but to pay them as they are taken directly from our account

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Bankfodder,

 

Are you are aware of a statement being drawn up from Bank Fodder and the MODS??????

 

Slightly concerned that in the wake of this massive development they have posted nothing but their silence.

 

I would have expected something from them by now even a press release as they have done previously when the Berwick case was announced.

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Guest Wild Billy
To be honest Wild Bill I think you've got this one completely wrong. This may well be the test case that will settle this matter. The problem is that it seems that the banks are allowed to carry on charging these contested and detested charges, while also having the safety net of not having to pay out any claims for the duration of the case. One rule for the banks and a different one for us. I wonder if this now means that people being taken to court by the banks for not paying unlawful charges will also have their cases put on hold? Probably not, but we'll see.

 

It's hard not to think that there is something fishy going on when this is so much in the favour of the banks. That does not imply that I believe in JFK type conspiracy theories, although I reserve the right to do so if I so wish. Only an 'idiot' would deny me that right.

 

I agree that is undesirable but I'm not sure anyone has actually clarified that will actually happen. I may have missed it amongst the conspiracy theories though but surely we just say we're not paying it until the issue is clarified in court.

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Sorry - meant to address last post to you Bookworm!!

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I really don't understand this. The law needs to be clarified and that will now happen. That's a good thing isn't it? There have certainly been plenty of posts calling for a test case in the past so why shy away from that now? Everyone knew it would happen at some point and it should have happened much earlier.

 

What the hell are people scared of? Everyone is confident the Regulations apply and the charges are unfair so the law will prevail. Or aren't you so confident and you're now worried this will upset the applecart? This issue is bigger than anyone on this site and this case stands to benefit everyone in the UK, not just the thousands on this site.

 

The alternative is that the test case is never taken and the law is never calrified. Is that what we want? I don't. The OFT may be a lot of things but to suggest a Government department is in cahoots with the banks is just stupid. As is the suggestion the banks welcome this. Of course they don't. It's just spin. If you're taken in by this then I would say you are pretty stupid.

 

I don't currently have a claim with a bank so maybe I'd be more annoyed if I had. But I'm seeing the bigger picture. We should all be very happy with this, even if it means it will take a bit longer to get the money back.

 

A perfectly valid point - but please stop referring to other people as stupid!

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I really don't understand this. The law needs to be clarified and that will now happen. That's a good thing isn't it? There have certainly been plenty of posts calling for a test case in the past so why shy away from that now? Everyone knew it would happen at some point and it should have happened much earlier.

 

What the hell are people scared of? Everyone is confident the Regulations apply and the charges are unfair so the law will prevail. Or aren't you so confident and you're now worried this will upset the applecart? This issue is bigger than anyone on this site and this case stands to benefit everyone in the UK, not just the thousands on this site.

 

The alternative is that the test case is never taken and the law is never calrified. Is that what we want? I don't. The OFT may be a lot of things but to suggest a Government department is in cahoots with the banks is just stupid. As is the suggestion the banks welcome this. Of course they don't. It's just spin. If you're taken in by this then I would say you are pretty stupid.

 

I don't currently have a claim with a bank so maybe I'd be more annoyed if I had. But I'm seeing the bigger picture. We should all be very happy with this, even if it means it will take a bit longer to get the money back.

WB, I don't think that the problem is with the test case per se. The thing that angers most people is the "waiver" given by the OFT, which gives the banks permission not to deal with requests for repayments whilst the test case goes on, while on the other hand, they can keep on levying charges on us, a fairly significant unbalanced decision, to be honest, and one which will (and does already) confuse a lot of people who think it means they can no longer claim full stop. This of course is NOT the case, but one can see where the confusion arises.

 

Insulting people, however, does not help, and I would be grateful if people could keep the discussion civilised on all sides. Thank you.

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Bankfodder,

 

Are you are aware of a statement being drawn up from Bank Fodder and the MODS??????

 

Slightly concerned that in the wake of this massive development they have posted nothing but their silence.

 

I would have expected something from them by now even a press release as they have done previously when the Berwick case was announced.

 

Look at the top of any of the forums and you will see an anouncement like this

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

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just tried loggin onto mcol, to start my claim against Nationwide,

and suprise suprise Mcol site has gone down, or been closed down.

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just tried loggin onto mcol, to start my claim against Nationwide,

and suprise suprise Mcol site has gone down, or been closed down.

 

Unlikely it has been closed down as it was never used exclusively for bank charge claims

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Except of course we have no choice but to pay them as they are taken directly from our account

 

No, what I meant is banks taking people to court over closed accounts that often consist almost entirely of charges. Will these cases be delayed?

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Guest Wild Billy
WB, I don't think that the problem is with the test case per se. The thing that angers most people is the "waiver" given by the OFT, which gives the banks permission not to deal with requests for repayments whilst the test case goes on, while on the other hand, they can keep on levying charges on us, a fairly significant unbalanced decision, to be honest, and one which will (and does already) confuse a lot of people who think it means they can no longer claim full stop. This of course is NOT the case, but one can see where the confusion arises.

 

Insulting people, however, does not help, and I would be grateful if people could keep the discussion civilised on all sides. Thank you.

 

Who has given the waiver? The OFT you say.... I've got my head in my hands.

 

I apologise if I have insulted everyone but I challenge anyone to read the 15 pages in this thread from start to finish and not feel distressed at some of the posts. It's just the way I feel.

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WILD BILL...i dont feel distressed and ive read it all... im totally ****ed off that you cant claim while waiting for the test case.. i also feel im not alone in this thought..

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WILD BILL...i dont feel distressed and ive read it all... im totally ****ed off that you cant claim while waiting for the test case.. i also feel im not alone in this thought..

 

YOU ARE NOT!!!!! :mad:

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YOU ARE NOT!!!!! :mad:

 

 

YOU SHOULD STILL CLAIM...

It may just take a little longer to get your money


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Bookworm,

 

I wish to congratulate you,

 

I know for a fact you have been here all day trying to calm peoples fears and anxiety. And pouring cool waters over everybodys fears.

 

Thank You

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Can anyone tell me whether we can continue claims for credit cards ? I have 1 credit card claim at court and 4 with the ombudsman.


All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Sorry for the big text thingie, but it is vital to claim, either by filing a formal complaint with the bank (if you want to go through the F.O.S. system) OR a court claim. You should do this A.S.A.P, within the normal time frame, 'cause it costs you money if you don't.

 

 

YOU CAN CLAIM FOR CREDIT CARDS, OVERDRAFTS, THE LOT. EXACTLY THE SAME PROCEDURE AS A WEEK AGO.


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Guest Wild Billy

YOU SHOULD STILL CLAIM...

 

 

It may just take a little longer to get your money

 

Exactly!

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what really angers me is people like me have days to wait for a refund of charges and now it could be years... what about the court costs we have paid and also people who scraped the fee for the court costs together and really needed it... £120 for some people is quite alot... i feel for those the most..

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A couple of questions. Does this directly effect Scottish claims? If the test case takes two years, will the two years come off the six years we are supposed to be allowed to claim?

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