H.O.L Test case appeal. Judgement Declared. ***See Announcements***

[Tawnyowl]

Sounding hopefull all this.Departments possibly been set up to pay back these unjust charges.Surely this is the right and justfull thing to be doing.Just thinking how this all began with i believe one person taking the banks on and asking for their charges back.Of cause the banks have had to be forced into what hopefully will be the right result for their customers.But they sure have caused a lot of bad feeling and if the decision goes the right way will need keeping a eye on as they no doubt will be looking out for other ways to recoup the payout and will take some time to be trusted again.But at least will keep some of the bankworkers in jobs setting up the systems to cope with it all.So thankyou win or not to that one person who started it all.My view only Tawnyowl.

[yourbank]

Tawnyowl, there is not one bank I know that has not already got systems in place, in advance of the decision because it is stipulated in the FSA Waiver, point 15

 

"to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;"

The stay period relates to the first FSA Waiver from July 2007

[Tawnyowl]

Tawnyowl, there is not one bank I know that has not already got systems in place, in advance of the decision because it is stipulated in the FSA Waiver, point 15

 

"to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;"

The stay period relates to the first FSA Waiver from July 2007

Thankyou for clearing this point up with me-i try to understand things but miss many points.So because of the waiver as i understand it i can still go back to July 2001 when claiming charges back or trying to.Thankyou.

A verdict on the banks' appeal is expected before the end of the year. However, final resolution of the case is unlikely before the end of next year. As long as the waiver is in place, consumers can claim for refunds on charges dating back to July 2001.

[yourbank]

That is the way I read the FSA waiver.

[JOSH_IOU]

You have to push youre bank to get them to settle out of court.

 

I find the court option easier.

 

Did I mention i liked the lass at the court desk?

Edited December 14, 2008 by JOSH_IOU

[Michael Browne]

Did I mention i liked the lass at the court desk?

I bet that's a comfort to her:rolleyes:

[JOSH_IOU]

As long as she sticks her chest out and smiles then thats not really a problem at this side of the bench.

 

Then again from what I see she dont really have to reach.8-)

[Muffintop]

Extract from the OFT website :-

 

Personal current accounts - UTCCRs investigation and test case

 

The personal current accounts market study provides the context for the OFT's Unfair Terms in Consumer Contracts Regulations (UTCCRs) investigation into the fairness of the level and application of unarranged overdraft charges.

The High Court test case, which is a key part of the investigation, is seeking to establish the preliminary legal principle of whether the provisions of the UTCCRs that deal with unfairness apply. It is also addressing the additional point of law of whether the charges can amount to penalties at common law.

 

Below is a timeline of this work.

5 December 2008

 

There will be a hearing at the High Court at 09:30 on 9 December to deal with further submissions from Abbey, Lloyds and RBSG relating to whether some of their historical charging terms are capable of amounting to penalties at common law.

 

 

I have had abbey claim stayed since last August, does anyone know if there will be any movement on this now? are abbey rbs or Santander? the claim is for a friend who I thought I could go hardship route as he doesnt have anything, but he also doesnt owe anything, but he lives a very financially simple life and feel really sorry for him and his wife and kids.

[african_igbo]

I telephoned my Courts in Cardiff who cfonfimed as on 10th of December 2008 that my case was still "Stayed" until further notice.... so I am back on top of this and will monitor the forum and news for updates....

[Muffintop]

should I telephone my court too to see if my case is still stayed with abbey? been a year now

[car2403]

You should check the wording of the original Order staying your claim, skeggs - each order seems to have been worded differently, depending on what was going on in the Court at that time, and some have expiry dates, (after which the claim will be dismissed) while others have open ended dates depending on when final Judgment in the Test Case is laid down. (Including any appeals process being completed)

 

If your Order has a specific date, you should write to the Court asking for further directions to be issued before that date, or you'll face your claim being dismissed without further notice.

[Muffintop]

Have a bad feeling now, dug out paperwork the case was ordered that:

 

1. following the filing of a defence or holding defence the claim shall be stayed pending judgment in the oft test case.

 

2. liberty to apply with an explanation.

 

it states

 

note. any party affected by this order may under rule 3.3.(5) apply to have it set aside, varied or stayed. such a party must apply under rule 23.3 within 14 days ofthe serviceof the order.

 

the order isnt dated.it just has the case number and the stamp from northampton county court on it...

 

ahh i have a really bad feeling what should i do now?

[car2403]

Nothing - this is the standard wording of the stays applied in Northampton, which states that they claim is stayed until Judgment in the Test case.

 

The bits about applying to have a set aside is in case you want to apply to have the stay lifted, which should have been done within 14 days of the order. In fact, if your circumstances have changed, you can probably still apply to have the stay set aside now, if you wanted to try that. (I don't think you'd have it set aside, IMHO, though)

[Muffintop]

Thankyou I have just rung northampton court and they have said the case hasnt been dismissed but is still stayed due to the oft case... I would like to try to apply for financial hardship to get stay removed as this is for a friend who has nothin and is honest hardworking guy with family, is there a format to apply for a financial hardship or is it just a letter with any evidence i can get?

Is it worth sending copy of financial hardship to abbey again to see if they will budge?? skeggsy

[Mr lex]

Hi Skeggs,

 

By all means resend the copy of your letter and your income/expenditure form along with a covering letter reminding then of when you first applied.

 

You can also go down the F.O.S. route.

 

The procedure with the FOS is this;

 

Call them and explain briefly your situ-they will allocate you a complaint number.You can ask them to write to the Bank ...within a couple of days you will get a complaints pack from the FOS.In the meantime the Bank must respond to you following the FOS letter to them.

The complaints pack should be filled in and sent back to the FOS with any proof or docs.If you already have had a final response from the bank you can return it right away with a copy.

If the bank have taken adverse action while you are disputing the account,such as selling on debts defaulting or closing accounts-then this is in breach of banking codes criteria and also OFT guidance-you should complain about this too.

 

Many Courts are refusing to lift stays making decisions without hearings-its better to apply on notice using N244 and requesting a hearing-there is a charge but free for those who are eligible under fee remission.

Its advisable to submit the detailed waiver agreement which can be found on the OFT website.

 

I would also inform the FOS if the banks are opposing your lift of stay after you have made them aware you will be citing hardship.

 

F.O.S Contact details.

 

0845 080 1800

(calls cost up to 4p a minute for BT customers – but are likely to cost more if you use another phone provider or call from a mobile)

 

020 7964 0500

(this number may be cheaper if you use a mobile phone or a phone provider other than BT – and will be "free" if you pay a monthly charge for calls to numbers starting 01 or 02

 

complaint.info@financial-ombudsman.org.uk

(we will usually be able to deal with phone queries on the spot – so phoning might be quicker than emailing us)

 

Detailed waiver agreement here;-

 

Financial Ombudsman Service

 

Hope this helps,

 

Lex

[car2403]

There will be a hearing at the High Court at 09:30 on 9 December 2008 to deal with further submissions from Abbey, Lloyds and RBSG relating to whether some of their historical charging terms are capable of amounting to penalties at common law. The Q&A document will be updated in due course

 

Is there an update on this outcome yet?

[yourbank]

According to LB, which has had comprehensive coverage, there were further submissions and Justice Smith was hoping to finally give a verdict before Christmas. Obviously that hasn't happened so I guess we will have to wait until January for it. Hope that helps Car2403.

[african_igbo]

Hi forum, like many others I have just been made redundant and unfortunately my ex Employee hasn't paid my salary, consultation and holiday pay since my last salary payment 28/10/08 so I have been using my federal reserves which is now deplicted... Thus contacted bank and job centre etc etc so was looking into hardship route... But will be unable to pay any further fees if required..

 

So I hope the above information is sufficent.. I contacted my Court and my case is still "Stayed"... so I hope we get to hear pretty soon... no more paper work - me paper worked out!...

[african_igbo]

Hi skeggs885, Yes I would contact them and check your current siutation.

I took my foot of the Gas as I had issues such as job security so just by contacting the courts I have confirmed that mine case is still "Stayed" I have sent a email to FOS and will read up and digest and see if it's possible for the FOS to send a letter of hardship on my behalf... will update forum accordingly when I get round to step 2 as below:

 

(2) We can send details of your complaint to the business on your behalf – if you send us a completed complaint form telling us the relevant details. Our complaint form is on our website at the web address above. Or you can phone us directly on 0845 080 1800 (office hours) to give us details of your complaint – which we can forward to the business for you.

 

So will use website route... after Xmas task lol...

[yourbank]

I don't think point 2 is relevant where a court claim is already in place and stayed. I will have a think about it over the next few days on this one.

[african_igbo]

no problem yourbank .... Will wait for further forum updates...

[Muffintop]

thanks guys will await your replies. If you see my username change its because I have asked for it to change but its still me.same avitar

[TheyrCriminals]

Hi Guys,Can someone please help me. Some of you will know that I have been posting on this website for almost 2 years now. What most of you may not know is that I am on Year 2 of a Media degree and am currently working on a documentary which is focusing on debt and more specifically unauthorised overdraft charges. I have been witness to various people's stories regarding the impact of these charges on ordinary peoples' lives. This in turn has directly contributed, detrimentally, to the quality of some peoples' lives, often being a major part of someone's debt, and has played a significant part in the closure of some smaller businesses. If these stories are true and that bank charges have played such a powerful role then I would like to hear from people. Ideally I would like to speak to an adminstrator via telephone if this is possible but if not a message to my CAG inbox is fine. I should stress that this documentary is not seeking to examine or comment on the test case itself, it is looking at the human experience of such charges and how they have affected people, their families, the quality of their lives and the impact these charges have had on small businesses.Many Thanks.TheyrCriminals

[Bookworm]

If you PM AlanFromDerby with this, you should be able to get more coverage with this. ;-)

[TheyrCriminals]

Hi Bookworm,Thanks for that, will do.TheyrCriminals