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Which courts are carrying on????


adam1976brown
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Thats really interesting reading. If this is the case then its a welcome bit of news, but, I have a question.

Can the courts not state that they accept these cases but in light of recent events they have a put a stay on all bank charge cases pending the outcome of the high court case. I mean dont the high courts over rule the county courts?

Ladidi

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A judge can order a stay of his own initiative, yes. The parties can however object to it, and this is what we are recommending.

 

Having said that, it will depend on the judges. Some will be happy to blanket stay, some wil be happy to carry on as usual. Yet again, it will be the courts lottery that will prevail.

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You must teach me how to do that sometime LOL.

 

And then maybe, colours & fonts when offering congratulations ;)

 

i will show you if you like, its really not difficult

 

May I present:

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Especially made with a lot of time and sweat by myself precisely for this kind of query. ;-)

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Handed my bundle into Woolwich County Court yesterday, it was accepted without comment, case going ahead on 17th August as far as i can tell. Will wait for court to inform me otherwise. Be careful not to let this news stop you from compiling bundles or complying with judges directions have to assume games still on. Won't be long before Abbey start trying to play games with peoples heads.

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Reading back in post number 41 i may have come across as a bit nasty, i didnt really notice this until now, this was not m intention and if i have offended anyone i apologise here and now, I just want an end to all the bad feeling which is going on around here at the moment, at the end of the day we are all here fighting the same cause, yet all we seem to be doing is bickering at each other, this needs to end, together we are strong "una nos es validus"

:madgrin:

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Legality of bank charges to be decided in court - Times Online

 

Dont like this bit, how can it takes years, to decide whether something is legal, it either is or it isnt.

 

Tens of thousands of people reclaiming unauthorised overdraft charges will have wait months – possibly years – to see if they will be refunded after the Financial Services Authority (FSA) decided to allow the banks to put all claims on hold.

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That is another article that doesnt contain the true facts

 

Tens of thousands of people reclaiming unauthorised overdraft charges will have wait months – possibly years – to see if they will be refunded after the Financial Services Authority (FSA) decided to allow the banks to put all claims on hold.

 

Not factual

 

The case will centre on whether overdraft charges are part of the "core" terms of current accounts and therefore subject to the Unfair Terms in Consumer Contract law. Under these regulations all fees should be a fair reflection of the administration costs and must not be used as a method of making money.

 

It is quite evident that the banks are making money from them

 

In a statement, the British Bankers’ Association (BBA) said: “The FSA has agreed to issue a waiver, with immediate effect, to suspend the handling of customer complaints on bank charges pending a decision by the court. Other banks who are not party to the court action will be applying to the FSA for a waiver and as such will be bound by the outcome of the court case.”

 

At least they have got this bit right "handling of customers complaints"

 

The OFT said: “The banks do not accept that the unfairness rules of the Unfair Terms in Consumer Contract Regulations apply. The OFT believes that they do and is seeking to establish this legal principle in court.”

 

That about says it all really

 

The Banks have already paid out about £200 million this year to customers who have complained about the charges.

 

But of course they still say there charges are not unlawful

 

Bank customers have been encouraged by consumer groups to reclaim fees after the Office of Fair Trading said last year that it believed the charges of up to £39 are illegal.

 

UNLAWFUL

:madgrin:

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I have just telephone my local court about my hearing on 10th August.. to be told, that its business as usual and the nice lady urged me to turn up for the hearing too!! - after telling me Abbey hadnt submitted anything by the deadline on friday and its unlikely they will turn up for the hearing!

So Wrexham County Court (North Wales) are carrying on regardless!

Chin chin x

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Had to call Oldham courts today on another matter, while i was on the phone i asked if the OFT report would change anything, they said that claims are continuing as normal, which is exactly as i expected

:madgrin:

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Just spoke to claims section at Northampton CC (not a mcol case) & the bloke said "they haven't recieved any directions" so carry on as normal, as for Abbeys application to stay all cases nothing has been submitted as yet but it's still early days.

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thats fine by me if they dont do it by wednesday i will have won, but if they do try a blanket stay then we will devise a statergy to counteract that, but we cant really properly devise a stratergy until we know EXACTLY what we are fighting, and how everything has been worded ect

:madgrin:

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true, My bundle is in and case has been stayed until 18th August to reach settlement, otherwise they have until 1st September to answer each charge or it's thrown out & I've won, which probably means They'll apply for a stay and be granted it on 25th August or something:( OR I could be positive and say I'm going to recieve a nice cheque for about 5.5k on my 30th birthday on the 23rd.:D

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Hi all

 

Just spoke to Southend court and according to the guy I just spoke to they have deciede as of about half an hour ago to hold off until the outcome of the test case. He did say that it may change again (last week they were reviewing on a case by case basis) but as of today things at Southend have ground to a halt. Poo! I'm sad....I started with my very first letter end of last August.....just had the end in site and woooosh...I HATE BANKS!!!! See ya peeps x

T J :p

 

 

S.A.R Sent 21/8/06

Statements and microfiche received 11/10/06

Request for payement of charges 29/1/07

LBA sent 21/2/07

MCLO filed 26/3/07

Acknowledgement of service recieved 4/4/07

Defence filed/received - transferred to Southend 30/4/07

Stayed unitl 27/6/07

Allocation & Case Management Conference 17/7/07 14:00pm

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I wonder if this is a start of things to come, and notices are going around to all the courts requesting a stay.

 

I also wonder if a lot of people will now take abbey up on their settlement offers (if they get the letters from Abbey), instead of waiting till at least the end of the year.

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Ashurts made it clear that they have been instructed not to negotiate settlements until after the test case, so in my case I'm now pretty much resolved to waiting it out. But if Abbey think I'm going to play nice from now on they can get stuffed...I've kinda changed to an all or nothing mentality. I would have been willing to settle as it was money I had never thought to see again. But now, what with all the stunts Abbey have pulled I want the lot including all interest and costs.

T J :p

 

 

S.A.R Sent 21/8/06

Statements and microfiche received 11/10/06

Request for payement of charges 29/1/07

LBA sent 21/2/07

MCLO filed 26/3/07

Acknowledgement of service recieved 4/4/07

Defence filed/received - transferred to Southend 30/4/07

Stayed unitl 27/6/07

Allocation & Case Management Conference 17/7/07 14:00pm

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