test case

[carpman]

this test case that the oft has started. i've heard that all claims are to be frozen untill the test case is resolved. read somewhere that this waiver is to run for a year. does this waiver affect every claim including those against yorkshire bank or just those claims against those banks involved.

[georgieboy]

Yorkshire bank is one of the banks involved as it is part of Clydsdale.

The suspension of claims may well last until the test case has been resolved, which going by some newspaper could in fact be years from now. The general opinion here seems to be just carry on with your claim unless the court informs you otherwise. Hope this helps..

[Gogivit]

I agree we should carry on; however I feel that maybe as it may take years then should we as members of an action group consider taking the matter to the EUROPEAN COURTS instead?

[georgieboy]

Maybe someone with a bit of knowledge about law and court procedure may come up with an answer as to which way to go. I have just posted my court bundle and the tought of it just lying on a shelf gathering dust and cobwebs for years, after all the work we have put into it is pretty depressing. But I suppose we need to stay positive and hopefully justice will prevail however long it may take ...

[caro]

At the moment the only cases delayed are those going via the OFT, so my opinion is that for now, it's business as usual, and stick to your timetable.

 

If problems develop later on, then we'll tackle them as we come to them. There are threads on this in the general forum.

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html#post1034881

[georgieboy]

Thanks for that caro - you have cheered me up again ..........

[carpman]

got this off a news page.

 

Banks face OFT overdraft test case

 

Press Association

Friday July 27, 2007 11:48 AM

The competition watchdog launched a court case against the major banks to establish whether their unauthorised overdraft charges are unfair.

The Office of Fair Trading lodged papers with the High Court after eight high street banks - Abbey National, Barclays, Clydesdale, the HBOS group, which includes Halifax, HSBC, Lloyds TSB, the Royal Bank of Scotland Group, which includes NatWest, and Nationwide Building Society. - agreed to a test case to settle the issue.

The OFT, which has been investigating the charges since March, said it believed they were unfair, but this has been disputed by the banks.

Tens of thousands of consumers have complained about the charges, which are levied on people who breach their authorised overdraft limit, with many taking their bank to court.

Customers can be fined as much as £39 for a single bounced payment. While it has never been revealed how much an unauthorised overdraft actually costs banks, some commentators have estimated it could be as little as £2.

At the heart of the dispute is whether the rules of the Unfair Terms in Consumer Contract Regulations apply to the charges, and if they do, whether the level they are set at is fair.

The British Bankers' Association said the banks were working with the OFT and City watchdog the Financial Services Authority to ask the courts to clarify the legal position regarding overdraft fees.

But it added that the banks still believed the fees were clear and fair.

Meanwhile, the FSA has agreed to allow banks to stop dealing with complaints over unauthorised overdraft charges until the courts have issued a judgment, and the Financial Ombudsman Service is suspending its work on the issue.

Banks will also be writing to the UK courts requesting a stay of all claims that are pending until after the outcome of the test case.

 

the bit right at the bottom is whats got me worried, whats to stop the banks tying up this case for years, arguing over everything. its been said that this could cost the banks 10 billion, so they'll use whatever they can to drag this out. makes me wonder if this is all some huge [problem] by those in power. the government won't want us to get whats rightfully ours as 10 billion quid been dished out to the masses will drive up inflation. know if or whenever i eventually get my money back i'll be treating the wife and kids. i have just sent off my lba. what can i realistically expect now? if the banks request a stay till theres an outcome of the o.f.t test case. will the courts agree? someone cheer me up please i'm sick as a cowboys horse here.

[caro]

Last I heard the banks had no authority over the courts, and the judges will make their own decisions on this. If they apply for a stay and it's agreed, then you apply to have it set aside.