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Any stays applied for against Barclaycard claims due to OFT bank charge test case?


noomill060
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Has anyone in any of the other CCard threads sorted a standard letter out we need to either take to court or send to the court with the POCs to stop this happening - I know the law is different for lenders as opposed to banks, so there must be something we just need to quote.

 

I doubt the CCards would bother trying this, but you never know, so this is a good idea - nice one Noomill

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Peter

 

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The OFT's case rests upon the UTCCR, so do most of our CC claims. It wouldnt take the sharpest tool in the barrister's chambers to work out a reason for a stay based on a theme common to both unlawful bank charges and CC charges..

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I filed my N1 against Barclaycard yesterday (along with N1 against NatWest credit card) and had an interesting response from the court who I feel were trying to get me NOT to issue my claims until the result of the test case.

If I have a stay put on either of these, I will let you all know ...

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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I suppose the difference is the OFT have already agreed that the CCard charges were excessive (hence why they refund the £8 difference) however the OFt also said that the £12 was not reasonable until proven, and so leaves it open to interpretation. No such thing has been said against the banks. I know this comes under the UTCCR, but the fact the OFT have already impossed against the CCards may help?

 

Peter

Sign my petition to the Prime Minister here:

PETITION

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Peter

 

!!!WON!!!

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I suppose the difference is the OFT have already agreed that the CCard charges were excessive (hence why they refund the £8 difference) however the OFt also said that the £12 was not reasonable until proven, and so leaves it open to interpretation. No such thing has been said against the banks. I know this comes under the UTCCR, but the fact the OFT have already impossed against the CCards may help?

 

Peter

 

Exactement ... and stressed that it's for a court to decide; bring it on!! :D

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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The OFT has said that £12+ is excessive and unfair, not that they considered any actual figure unlawful, illegal or otherwise. They have always said that it would be up to to a Court to decide on that.

 

Interesting response from your court, paintball. We'll just have to see how it runs.

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Yes indeed, just waiting to hear back from them. In the interim, I shall do some background reading on applying for removal of a stay.

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Will be interesting to see what happens with yours then. Although I have sent my LBA off to BCArd, I may decide before N1 to up the ante to CI - and it would serve them right too!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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I'm really worried about this OFT ruling. It seems to me that the test case is to establish a point of law - are the charges for providing a service or a penalty.

 

BUT the CC charges are already established as a penalty are they not so the OFT ruling and any stays attempted could be countered by stating that these ARE penalty charges and as such are subject to proof of costs from banks.

 

I am worried because I worked out I could be almost debt free by christmas if I can claim back my CC charges over the last 6 years, we are talking thousands of £ and I was really looking forward to getting my life back.

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Sometimes the help is just tea and sympathy.

 

Sometimes the assistance has the effect similar to that of a nuclear powered ferret in a particle accelerator, and can make qualified solicitors and barristers crawl away on their bellies. :D

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I started this thread to act as an early warning system in case they tried to apply for stays in relation to credit card claims, the opinion is that they would be wasting their time if they tried.

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that's what i was led to believe Noomill; that credit card penalties are a different kettle of fish to the bank charges. That is correct isn't it?

 

*he says confidently*

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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now go get them disgruntledofcornwall

 

from slightlyhappierofessex

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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