OFT Test Case Questions

[Shuff]

I was thinking people could put specific quiestions about how this affects there claim in here to keep them in one place.

 

My question, I'm going to post my court bundles today should I still do this?

[dpick]

Yes my reading is it is up to the individual court as to if they issue stay in proceedings.

 

dpick:mad:

[Trucker]

How long is the OFT test case likely to take?..

[tonycee]

How long is the OFT test case likely to take?..

 

I read untill the end of the year..

[dpick]

How long is the OFT test case likely to take?..

 

Got this answer from BBC news quote "how long is a piece of string" it all depends on how long the banks want to string it out.

 

But my opinion we need to proceed with all bank cases until a court rules that the individual case stayed that puts the account in dispute until after case settled.

 

The banks will try to say they are not taking any further cases its not up to them its up to us the consumer so just continue until you meet the brick wall and wait for it to come down.

 

I know this does not help when you need the money in your pocked but at least if you have got the case to court it is earning minimum 8% stat interest till case settled.

 

dpick:mad:

[jonnyk]

Hi,

 

Pretty confused about the implications of this...

 

I've got a court date set for 28 Sept. I understand that I should continue as normal until I hear otherwise, but reading between the lines I fear that my court date will be suspended pending outcome of this hearing??

 

I appreciate that this test case is good news for consumers in general, but after such a long wait for me personally, it finally seemed as though the end was in sight, it's a tad frustrating to say the least that it looks like I'll be in limbo for another few weeks and months....

 

Is there any indication when this is likely to be resolved once and for all?

[jonnyk]

ok, sorry, looks like my post's already been answered.

[pjdavies2000]

Two questions really:

1 - Although the OFT are excusing the banks from dealing with these complaints, by my continuing along the normal route, would an acount still be deemed as 'in dispute' and therefore prevented against action by a bank for as long as this test case lasts? Which I heard could be as much as 6 months!

 

2 - Does any of this affect credit cards and loan companies? I know they sit under slightly different hats and laws, and so as I am pursuing a claim against a CCard company, is this limited by the above notice from the OFT?

 

Thanks all

 

Peter

[tezl]

just rang court ,guy said if you have a hearing date it will carry on as normal .

[kimba69]

2 - Does any of this affect credit cards and loan companies? I know they sit under slightly different hats and laws, and so as I am pursuing a claim against a CCard company, is this limited by the above notice from the OFT?

 

Thanks all

 

Peter

Hi Peter, I heard this only affects current accounts. NOT credit cards / loans etc.

[mikejames1]

Questions regarding making a call to the Barclays Litigation Team

 

I was due to make a call today regarding my court case which is 13th August. Do you think now the OFT Case is going through I am not likely to get any payment in full made early?

AND Is it worth giving them a call?!

many thanks

[tezl]

Questions regarding making a call to the Barclays Litigation Team

 

I was due to make a call today regarding my court case which is 13th August. Do you think now the OFT Case is going through I am not likely to get any payment in full made early?

 

AND Is it worth giving them a call?!

 

many thanks

 

just rang them ,they said no more of that,their letting all pending cases carry on to court.bull or not i dont know.

[Trucker]

So, cases are likely to be stayed and FSO is suspending complaints procedure and banks are not taking new complaints. Bet the banks don't stop charging in the meantime.

[tezl]

So, cases are likely to be stayed and FSO is suspending complaints procedure and banks are not taking new complaints. Bet the banks don't stop charging in the meantime.

supose you will have to turn up to court and be told.if thats case,hope they just send letter to stay.asap.

[pjdavies2000]

ok guys and gals, I think what Tezl has said is very interesting. They have said to him that all cases will go to court...

...in which case you would still win! There has still been no bank willing to give details in court...this makes your suggested directions in allocation and your court bundle ever more important.

 

Generally, I would think the courts will Stay pending test case, but those that already have a date will have to see it through (I would think) so carry on, read up on the bundles, and go to court...chances are they won't even bother to turn up! When they don't - you win! If they do, you follow the bundle and advice - and you win!

 

The test case is what we've all been after - the banks have thrown us a curve ball, probably hoping lots will just not bother now, and even pull out of cases! Don't!

 

BWorm is right, even if your case is stayed, you are still accruing your 8%, they can't stop that, it's a court ruling!

 

I think Dar£n, on another thread, has summed it up well, that the WORST that could happen is the courts agree that £12 is ok as a reasonable cost (whatever!) but that would still mean you would be owed over half of your claim.

 

The problem comes then when the banks start saying they need time to work out a release strategy, how they will pay people back - then more delays...if you are already in the loop then you will find it easier than someone starting from scratch.

 

I know I have already won, and I understand the anguish people must be feeling (I am starting my second with BCard just now), but in another way, I hope I can help people through this by being able to stand back a little and tell them not to worry too much, and continue as before.

 

The guy from MoneyExpert was on Channel 4 news last night, and he was livid, he and sites like this, will fight this all the way. Even when the test case is over, we don't know what it will mean to claims, and therefore what it means to us.

 

Keep your chins up, put your best foot forward, and keep on marching on towards One Churchill Place.

 

This site and others have now shown that the banks are scared, they have adopted a pretty risky strategy - like cutting your arm off when you bruise your elbow - and it will backfire, they will be shown for who they really are, and the nation will be the winners here, not them.

 

Best luck to everyone, and me and the thousands like me on this site are here by your sides!

 

Good luck!

 

Peter

[princess roxy]

just rang court ,guy said if you have a hearing date it will carry on as normal .

Hi just rang court, they told me that my court date is September 5th and to carry on as normal too, court dates have not been put on hold........ Roxy

[GuidoT]

Business as usual in the main:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/107584-oft-test-case-what.html

[vincymum]

Thanks for that calming message pjdavies2000. I agree with alot of what you have to say. I will go ahead anyway, cos at the very start of this I didn't even realise that the charges were disputable so at the very worst I will end up with what I started with.0

 

I will try my best not to say anything defamatory or liabellous. My own personal opinion is that it is slightly surprising consumer groups trying to claim back charges to my knowledge have not yet been invited to contribute any input so far with ref the the OFT course of action. I admit I may be wrong about this and apologise in advance, and hope to be corrected.

 

What is the role of the OFT?

 

I am always very cynical when one organisation appears to take strong action regarding others. There is always something in it for both parties, especially when there may be an unpallatable compromise to be made somewhere along the line by either party. I very much hope I am mistaken.

 

I shall stop there.

 

Again I hope i haven't said anything stupid, and apologise in advance.

 

vincymum

[tezl]

ok guys and gals, I think what Tezl has said is very interesting. They have said to him that all cases will go to court...

...in which case you would still win! There has still been no bank willing to give details in court...this makes your suggested directions in allocation and your court bundle ever more important.

 

Generally, I would think the courts will Stay pending test case, but those that already have a date will have to see it through (I would think) so carry on, read up on the bundles, and go to court...chances are they won't even bother to turn up! When they don't - you win! If they do, you follow the bundle and advice - and you win!

 

The test case is what we've all been after - the banks have thrown us a curve ball, probably hoping lots will just not bother now, and even pull out of cases! Don't!

 

BWorm is right, even if your case is stayed, you are still accruing your 8%, they can't stop that, it's a court ruling!

 

I think Dar£n, on another thread, has summed it up well, that the WORST that could happen is the courts agree that £12 is ok as a reasonable cost (whatever!) but that would still mean you would be owed over half of your claim.

 

The problem comes then when the banks start saying they need time to work out a release strategy, how they will pay people back - then more delays...if you are already in the loop then you will find it easier than someone starting from scratch.

 

I know I have already won, and I understand the anguish people must be feeling (I am starting my second with BCard just now), but in another way, I hope I can help people through this by being able to stand back a little and tell them not to worry too much, and continue as before.

 

The guy from MoneyExpert was on Channel 4 news last night, and he was livid, he and sites like this, will fight this all the way. Even when the test case is over, we don't know what it will mean to claims, and therefore what it means to us.

 

Keep your chins up, put your best foot forward, and keep on marching on towards One Churchill Place.

 

This site and others have now shown that the banks are scared, they have adopted a pretty risky strategy - like cutting your arm off when you bruise your elbow - and it will backfire, they will be shown for who they really are, and the nation will be the winners here, not them.

 

Best luck to everyone, and me and the thousands like me on this site are here by your sides!

 

Good luck!

 

Peter

hi peter, the way i read darren was he thought £12 with no payment of differnce.tez

[pjdavies2000]

Ok, would anyone like to comment on the below drafted letter.

 

My thinking is that, in light of what Dar£n has said and quoted, that we should all be making a written demand that we should be treated as equals in this, and accredited at least the same level of allowance in our banking, as they have been given in their dealing of complaints:

 

Dear

 

Account Number Sort Code

 

As I am sure you are aware, the Office of Fair Trading on the 26 July 2007 made a statement declaring its intention to take a trial case to the High Court with a number of the major banks and building societies, for which you are one.

 

As a gesture of goodwill on the part of the OFT, they have allowed all banks and building societies that agree to be held by the decision of this test case to halt all complaints brought to them that refer to bank charges and fees.

 

As a consumer, and a customer, I feel this has impeded my right as a consumer, and is now subjecting myself to a long and drawn out process for which I am certain will be in favour of myself, the customer.

 

I demand that until this test case has been concluded and a decision on its outcome has been propagated through the industry, and conveyed to the industries customers, that you, as a responsible banking institution should also halt debiting from my account anything that relates to said unfair charges and fees, either as a gesture of goodwill on your part to my own account, or as standard practice to all your customers.

 

As you know from previous communications, I disagree with your charging structure, and have on numerous occasions sought to rectify this matter with you. However, the OFT statement will not be altering my decision to continue my case against you, if necessary, up to and including that of court action.

 

A copy of this letter has also been sent to the Office of Fair Trading. I would request a written response to this letter within 28 calendar days, accepting that my above demands will be met.

 

Yours sincerely,

 

 

Annoyed Customer 1001

I'm not sure if it would work, but at least we are showing that we are not taking this lying down, and that the OFT, whilst representing the consumer, has failed to ally the consumer in it's decision to grant the banks certain leniancies in return for a test case. At worst, you will get nothing, at best you will get something, but if nothing else, its another sheet to take to the court to show you mean what you say, and have tried to meet them halfway where possible!

 

Comments on a SAE to...erm, actually just hit reply!

 

Peter

 

edit: The third para especially seems mental to me! But lets see!!!!

[mikejames1]

just rang them ,they said no more of that,their letting all pending cases carry on to court.bull or not i dont know.

 

so they almost certainly will not be paying anyone ahead of their court dates from now?

 

I'll give them a call, find out who is dealing with my case & get some feedback

[vincymum]

pjdavies2000, your 3rd para is what I was trying to say in my 4th para.

Personally I would like to agree with your conclusion in your 3rd para, but at the moment I am unable to.

I like your letter.

[carter56]

i have a court date for 7th september and just rang court lady said no change as yet but the banks can apply for a stay and that might take a few days so call back next week !!!

[pjdavies2000]

Thanks Vincymum

 

I think the banks think they have managed to pull a fast one over everyone, and looking at the 'headless chicken' posting today, they will probably think they have managed it too! But today is a blip, in an otheriwse faultless application of claiming.

 

A letter, if nothing else, will show that we still mean business, the OFT decision has not phased us, and we now want a little bit more in return.

 

I admit, it's tokenistic, especially if your bank account has been closed, or you don't bank their anymore, but who is to say this letter couldn't go to every bank you currently use anyway!

 

Tokenistic has its place, and for us, that's in a court bundle!

 

Peter

[tezl]

i have a court date for 7th september and just rang court lady said no change as yet but the banks can apply for a stay and that might take a few days so call back next week !!!

oh gee wonder what they will do.col.