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

[JonCris]

I agree yourbank but read the bankers website particularly sec 7 & it would appear that even if the courts decide the OFT can decide their charges are unfair they will still argue that the OFT cannot set the amount.

 

It would appear that as they say that only court can decide that then it'll be back off to the court for all claimants.............. if I'm correct then it's been a round robin exercise all along

[Conniff]

If the government has no hope (that's if they tried or wanted), to limit the fat cat payouts and the boss who retired today at 50 on 650,000 per year for life, then what hope has the OFT.

[yourbank]

I agree yourbank but read the bankers website particularly sec 7 & it would appear that even if the courts decide the OFT can decide their charges are unfair they will still argue that the OFT cannot set the amount.

 

It would appear that as they say that only court can decide that then it'll be back off to the court for all claimants.............. if I'm correct then it's been a round robin exercise all along

 

BUT, when they do decide on a fair amount(whoever that may be) then EVERYTHING that went before HAS to be paid back. The Banks LOST UTCCR 1999 so we need to make sure people RECLAIM RECLAIM RECLAIM

[photoman]

I agree yourbank but read the bankers website particularly sec 7 & it would appear that even if the courts decide the OFT can decide their charges are unfair they will still argue that the OFT cannot set the amount.

 

It would appear that as they say that only court can decide that then it'll be back off to the court for all claimants.............. if I'm correct then it's been a round robin exercise all along

 

... Sort of makes you wonder why we even have an OFT at all ?

 

Perhaps they should be renamed: Office of Fairy Tales perhaps ??

[stonedecroze]

I have recently purchased a few shares in both Barclays and RBS, and now as a shareholder will write to both urging them to no longer waste any more cash and time in pursueing a lost cause, conceed defeat and refund all charges now.

ps I got the shares cos they were very cheap and as soon as the price reaches twice (at least) what I paid for them I plan to sell. At least that way I can make something off their backs :D

[JonCris]

I went down to the RCoJ for the roughly 8 minute verbal judgement. This is a massively important judgement.

I think Barclays reserve fees are very much on the table for fairness under the UTCCR 1999. The appeal court judge effectively followed the First National Bank judgement....House of Lords - Director General of Fair Trading V First National Bank

(For reference). I think it would be surprising if the bank were to be allowed to appeal to the House of Lords. I think they should petition the House of Lords for permission to do so, but I would be surprised if they were successful without something new on the table to argue. BLOODY FANTASTIC DAY TODAY(and tiring )

 

They'll probably try the HRA as they did in Wilson v County only to be told a firm does not have human rights only an individual. ......... However I don't think that will stop them as this government agree with them hence the removal of s127 from the CCA

[yourbank]

does that specifically relate to the core terms of a contract?

Sorry, am pretty knackered so brain is slow this evening.

[yourbank]

Judgments - Abbey National - Office of Fair Trading

I assume this link is here but these are the test case judgement and notes to read.

[The Phantom]

They'll probably try the HRA

jon, you're not serious ?

This has to end sometime soon for sure

[determindator]

You can have a human right if you are a human, financial bodies I wouldn't define as human, not being an individual.

[Bookworm]

95.

The evidence shows that most high street banks offer similar current accounts, that the express terms of the banking contract are contained in several leaflets available from the bank and that the express terms and conditions are lengthy. It seems unlikely in the extreme that the typical customer reads them.

Bang goes Barclays' defence of their Reserve fees, that they "extensively advertised them" and that "every customer knew about them". Shame. (especially as the appeals didn't deal with their new T&Cs and yet it is still relevant).

[d1cky]

well if I recieve a check through the door ill let you all know as I should be one of the 1st as It was froze about a day before they were due to send my check

[zootscoot]

A huge congratulations to all at CAG.

Quite a remarkable achievement!!!!!

[Mr lex]

Hiya Zoot,

 

How are you doing ??

[stonedecroze]

Google News

 

 

Dont know if this is the right place, but you will find all the reports here

[kennyh]

D1cky -When you do get your cheque through the door (and I hope it is quick) don't forget those on CAG that helped make it possible!

[aj84]

I know I'll be making a donation WHEN I get my cheque to cag! :- )

Been very helpful with this and other things

 

The funny thing I find with the article is how they say people were charged £38 when it actually would have cost around £2 mark

I was changed £72 each time - and that was because of a penny at times

[kennyh]

Welcome to the wonderful world of unfettered computer systems AJ

[UK26]

subs

[alanalana]

Hello all,

 

My complaint to the BBA about RBS and PPI met a brick wall:eek:

 

The foot is in the other shoe (or boot) now ready to kick back we hope! as they (the BBA) try and defend the result of the OFT, they should reflect on the recent performance of the RBS or lack of performance £24.??? billion in losses and the absurd pension given for that abysmal performance to the former ceo. IMO Fred Goodwin should be stripped of his knighthood not only for the mess he left but the arrogance shown to the customers and now the government. He is actually smiling as he is forced into resignation. How good is that?

 

aa

[determindator]

Thread post error

Edited March 1, 2009 by determindator

[d1cky]

I will be making a donation, when/ if i get a chk!

[InformedSearcher]

I know I'll be making a donation WHEN I get my cheque to cag! :- )

Been very helpful with this and other things

 

The funny thing I find with the article is how they say people were charged £38 when it actually would have cost around £2 mark

I was changed £72 each time - and that was because of a penny at times

 

 

...That's called retaining their margins. Like the price of beer going up in a budget by 2p a pint means you'll pay 3p as the company retains teir margins. On that basis of 'good' business £2.50 sounds fair with a maximum of say £20/£25 per month. Of course we should always remember that the bank is also charging (unauthorised overdraft) interest from day one at an APR of near 30% so maybe my comment is unjustified?

We should always note that unlike competing supermarkets financial institutions do not compete. Their 'sales' normally have horrendous small print conditions and when you do complain their easy reply is that you should have read them!

Michael

[determindator]

That's why the print is in such tiny writing so you don't read it. This fact was used in my case by an arbitrator, which was won. If you want people to absorb information, make it easy to understand and bold.

[locutus]

Has everyone listened to this interview with Ian Pollock, one of the BBC's personal finance reporters who was in the court, Angela Knight, chief executive of the BBA and Marc Gander from the Consumer Action Group? BBC News Player - New bank charges twist