Is your case in court or are you in the first processes of sending a letter to the bank?

That's strange cos someone else on MSE got one that stated something about financial hardship. They then phoned them and were then told that omitting the word challenge meant that they had not looked at the letter as a bank charges challenge one. Interesting responses I guess. Link to MSE response: http://forums.moneysavingexpert.com/showpost.html?p=29205433&postcount=1

Be careful, the first feedback I have heard on this new template is one from NatWest. They looked at the person's case as hardship rather than bank charges related challenge because of the omittance of the word Challenge. Furthermore, Martin Lewis has suggested that they should only be used for reclaimers in Scotland.

Many cases are not based just on the level of charges but on the fairness of them. There is a thread with regards to why bank charges are not penalties in law. The penal aspect of law is that the charge is for something to be performed outside of the contract. The unauthorised overdraft charges(collective name) are considered to work within the framework of the contract itself so, in law, they are not working outside of it and therefore are not considered penal in nature. I think I covered other points with you but I'm not sure it is worth writing to the courts asking them to explain their logic of staying a case. Their logic was that they was a test case that should have resolved all issues........it didn't of course but did resolve penalties in law. Made some point on the other thread. Do you want me to copy and paste onto this one?

It would be nice if you could be civil to me on the thread since my attempt at light hearted humour has clearly gone down like a lead balloon. I have found one thread and is the March thread the one CARO started?

WHich thread mate, please LINKIE LINKIE or no FINDIE FINDIE

I don't read signatures so if it is on there then I can't see it so can you link to it on this thread?

Mate, have you taken your own advice and what is the outcome? If you haven't can you bell the cat and do it and then write on here or your own thread what the result was because words on a page are futile if you are doing it yourself. I can't do that for obvious reasons but have can do that?

The first OFT Test case judgement specifically stated that apart from one single term of NatWest's which was as follows: "26 "You must not use your Card to go overdrawn on your Account unless we have previously agreed this with you", (as such term appears in 'Terms and Conditions for NatWest Personal Current Accounts' (June 2001))." Footnote in OFT1154.

Bookie - Indeed ! Kennyh - I don't know, they are due in by the 28th.

Re Edinburgh - you're right on James Fountain Court - People - James Duffy - I just get worried with these fountain court people - still not a local solicitor though but yes better than it being a QC. The claimant was ordered to expand on his POCs and Mr Duffy wasn't given the opportunity to put his case forward.

Feel free to pm it to me, I'd send it over to Caro as well. I'd also keep an eye on PenaltyCharges as theres someone in court tomorrow

James Duffy QC attended a return hearing in Edinburgh on 14th Jan. Might be a one off, might not be. absolutely agree ! Are CAG continuing to work with the other groups as per the announcement ? again absolutely agree Maybe, the level of each individual charge is not challengeable under UTCCR. It may be under CCA and it may be with a overall contract standpoint under UTCCR. There's a hearing for defending a strike application in court tmw.

Probably working with the OFT on regulation which is being discussed and is ongoing currently with views being taken from all groups. The banks have stated what the Supreme Court have said, ie that the level of charges is not challengeable. I would expect Ray Cox et al would like to see how the banks' will respond to live cases which I would expect to see in the next 4 weeks. We already know that banks' will send in QC's with a view to make sure that any last hope people have is lost. Should they fail then I would say it is game on. As has already been said on here, Govan Law Centre has already got templates with a view to this and have had them since January this year, though not POC's.

If he has a personal reserve then he should expect to be hit by a further £22.00 fee.

AA99, not every single person who has debt takes their life and similarly not everyone who takes their life has debts. However, if you go with an angle of parents of children/spouses of someone who has killed themselves and can show clearly that the financial institutions that they dealt with let them down then you might have something but what that is will be difficult to quantify. If the message is not mass market and the protest not targetted then what you have is a small insignificant demonstration that no one will see or view unless they are registered on here. You need people and a message and celebrity endorsement, is IMHO a great idea if you can get the right message. If you see what CARO has said above re RBS bonuses, Billy Bragg has got publicity for it. You need that kind of thing.

AA, with respect you have got to be specific, ie The OFT, The Supreme Court, Number 10, etc,etc,. Organising a protest with police may take time. AA, if you have no idea who you are protesting against or what then saying to the media Large people will turn out and 200 turn up, is not really a story. I know a journalist and have tried to suggest stories but there line is that unique selling point and currently you need a focal point to demonstrate and as discussed earlier, you need a celebrity endorsement(which is a selling point).

Only thing to add to this one is about benefit payments. I was sacked for gross misconduct almost a year ago so I know you can get JSA and if you may be eligible for Local Housing Allowance or housing benefit. The one question, I haven't seen you answer is related to Internet policy and how often you were reminded about it(even if that means signing to say you have read a monthly information bit)? Were you told how internet use is logged? What is an adequate amount of time you can use the internet? Last question, is when you were first pulled into the office did you look into their internet policy and reduce the amount of time you had the internet open for?

You want a sheffield united supporter or player??(if you know your football you will get the reference )

Currently newer arguments are being prepared so I would continue to keep your eyes on the CAG announcement for further updates. Likelihood is yes.

Daniella, who is the protest against? What is the key message of the protest? Will it be supported with a petition done by hand to the relevant department if it is against the government? What is the key ingredient that will draw media attention(I feel like dragon's den here, ie key selling point)?

the bank can apply for the stay to be lifted, and would, and are in lots of cases, to get the claims struck out. The settle bit, that is more of the 'why would they' part. they think they have this sewn up in a cast iron jacket.

Martin Lewis on MSE has stated that they have been delayed. I have spotted your thread and I think I would speak with site team. I doubt he will have updated advise before the time you need to file the amended POC. Early February, we will have an idea how the banks' are going to defend newer arguments. I'm not sure that you should have asked for the stay to be lifted at such an early stage but as the deed is done, then I think Site team need to help you on an amended POC since I doubt the Ray Cox ones will be available prior to you having to get yours in.

Did you send in your AQ ? what did you put on it ? The court should take both AQs into account. do you have a copy of Nationwides AQ ? If so can you type up the main bits You can ask for it not to be struck out and for permission to enter revised particulars of claim.

excellent, stayed till 30 november 2010, so you needn't do anything yet, at least till the way forward is clearer, unless the bank / DG apply to the court so just check with the court in a couple weeks time, otherwise just be working on your case ready for when you need to take any action