Hearing to remove stay

[Castlebest]

Send it the judge can only say no

 

pete

[johnnymitch]

There you go penfold

 

Thanks pete

[Penfold92]

by the way guys, do i need to file and serve a skeleton arguement to set aside the stay for a postponed hearing? Surely the last one still applies? Besides according to the judge the stay has expired anyway and this hearing is for whether a new one should be put in place. Given it has taken so long and I never had my hearing for this, can I ask for my application fee money back? No application now as the stay has expired? Just a thought...

 

Prabs

[johnnymitch]

Why not just ring the court and ask them prabs........?

 

They're usually pretty helpful - and it could save them time too if they can use the old one .

[Penfold92]

OFT pressurised over bank charges

 

 

By Ian Pollock

Personal finance reporter, BBC News, High Court

 

The High Court has been the seen of the latest legal battle

 

 

A High Court judge has told the Office of Fair Trading to reveal when it will decide if bank charges are fair or not.

Mr Justice Andrew Smith made his comments as he granted eight banks leave to appeal against his earlier ruling on the issue.

Last month he decided that the OFT had the power under consumer contract regulations to rule if bank overdraft charges were unfair.

Thousands of bank customers will have to wait for their cases to be heard.

'On hold'

An agreement between the OFT and the banks to use the courts to resolve the legal issues at stake has seen all current and new claims put on hold.

It is thought that there could be tens of thousands of bank customers waiting to see if they can pursue their claims.

We are facing a lot of litigants who have not had their claims struck out and who should be in a position to pursue their claims

 

 

Justice Andrew Smith

 

 

The appeal by the banks against the OFTs jurisdiction in this matter is likely to be held by the Court of Appeal this autumn.

The Judge said uncertainty about the length of the OFT's investigation risked being unfair to people whose refund claims are currently suspended in the courts.

"How long should we hold up the county court litigation?" he asked. "Are we talking months, years or weeks?"

"We are facing a lot of litigants who have not had their claims struck out and who should be in a position to pursue their claims."

When asked if the OFT would conclude its investigation this year, the regulator's QC said he did not know.

"The investigation is ongoing and substantial further work and consultation with the banks has still to be undertaken," he said. He explained that recent changes to the terms and conditions of some banks' current accounts had extended the timescale for the OFT investigation. The OFT has been investigating the fairness of bank charges for more than a year.

 

 

 

So in English where does this leave us?

[chubbas dad]

up the creek ...........without a paddle ? the oft should pull their fingers out and get on with it.no more delays,stalling.put up or pay up............................................lets get on with our lives.!!

[Penfold92]

Well that is the point the Judge is making, the OFT were supposed to be acting in our interest, yet now it appears they are dettering our interest....Maybe we should all start emailing the OFT and complain at the time this is taking....Any views?

[johnnymitch]

I think you are right prabs, the OFT are dragging their heels on this:mad:

they should have been ready to run with this as soon as the judgement fell in their favour.....

 

They have been saying for years that these charges are 'unlawful' - they must have had concrete evidence to support that before they took on the 'Test Case' - so how much more

"ongoing and substantial further work and consultation with the banks has still to be undertaken,

do they need .

This is beginning to look like a cosmetic exercise on behalf of OFT:( - I hope it's not , because given the strenth of feeling in these forums and generally from those with stayed claims, it'll come back to bite them in the bum............

 

I'll be interested to see pete's slant on this.......... he's usually such a serene diplomatic fellow........ laffin!!

Edited May 23, 2008 by johnnymitch

[Castlebest]

I'll be interested to see pete's slant on this.......... he's usually such a serene diplomatic fellow........ laffin!!

 

Moi? :o I don't know what you mean

 

I'm a bit disappointed the OFT haven't appealed against the common law ruling in the first instance judgment but they have legal minds far superior to mine (I hope ).

 

The time scale of things is obviously concerning HH Justice Smith and therefor probably a good many other judges will have the same opinion that this could take longer than necessary.

 

I think this is an indication that the high court is starting to realise there is a danger that they are just being used by the banks to delay things, a very similar point of view many county court judges have in our own claims.

 

I think this is very significant though, quoted from the OFT's press release after Thursdays management hearing.

There will be a further hearing on 7, 8 9 July 2008 to determine whether the relevant terms in the Banks basic and historic personal current account contracts can also be assessed for fairness under the UTCCRs and whether they are capable of being penalties at common law.

These are the account agreements that most of our claims are based on, prior to the banks all trying to alter their terms and conditions last year before the test case was announced.

 

Again we wait and see

 

pete

[johnnymitch]

While the banks continue to duck & weave and use the courts to prevaricate..........

 

Thanks pete....... ever the master of the understatement (Laffin) -

oui, tu.. mon ami .........

[Penfold92]

e moi aussi...

 

LOL

[Penfold92]

Is this the first of many to come then????

 

BBC NEWS | Business | Are banks set to capitulate over fees?

 

Prabs

[johnnymitch]

Have a look at freaky's new thread prabs, pete has given his initial reaction to it as well............ a case of:) or:confused: or:( ???????LOL!

[Penfold92]

Well guys the expected happened...

 

Went in and Lady Judge was there, without going into too much detail she firstly did not understand the claim (Bless her) and in fact the DG Barrister helped her (and me indirectly) to make her understand.

 

She listened to my arguements and asked about hardship and evidence of this, she asked about the default and read fully the bit I have writeen about the Berhens case. Then she basically said the High Court judgment was regarding defaults and adverse post the stay which was not in my case, in fact the default was pretty much nothing to do with the bank charges case at all...ouch!

 

She said stay maintained until 30 September and this would be better for me in the long run anyway! OK Ma'am...

 

I asked about costs because of the wasted hearing and delays she said it is not normally given at this stage, but she would allow costs to be reserved upon final judgment, so I guess that is good for me...

 

Anyway when I left the barrister said I should take a seperate action against HSBC regarding the default under DPA...LOL I was thinking the very same myself and he seemed a decent chap really...

 

So wait another 3 months to see what the OFT can come up with...

 

Penfold

[stonedecroze]

Well at least you tried Penfold. good practice for your hearing, eventualy LOL. I had more or less same result with good advice from dj after hearing

Edited June 9, 2008 by stonedecroze
spelling

[freakyleaky]

Well done bud. Not a bad outcome really. Looks good for you with regards to costs.

What do you mean he seemed a decent chap? Are you sure he was from DG?

[Penfold92]

Well DG are defending and he was a barrister in counsel so I assmue he was... I never asked...LOL

[Penfold92]

Well at least you tried Penfold. good practice for your hearing, eventualy LOL. I had more or less same result with good advice from dj after hearing

 

 

Yup I agree....do you think any of us will actually get there....I doubt it very much and OFT and the Banks will thrash out something no doubt....

[Penfold92]

Well it has been a long long time since I have been on here...

 

So has there been any movement on the stays being lifted or any new angle since 2008? I have not heard a peek from the Court or DG and am wondering if my case is even still in the Courts... Any ideas anyone?

[smokejumper]

Prabs,

 

What happened ? did you just forget it in the end.

 

I issued a claim and it was stayed, haven't to this day heard anything else.

 

Is it still in the system waiting for me to wake it up.

 

Has anyone won their charges back since the high court joke, I know it was suggested to approach from a different angle by the court, but they gave up.