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

[locutus]

News from the CMC (OFT v Banks)

No firm decisions have been made or appeals lodged as yet but this is what has been discussed thus far so is what is likely to happen.

 

The Banks WILL appeal the UTCCR 1999 Regs.

 

There will be NO APPEAL on the Penalty Charges ruling for PRESENT T&C's

 

The OFT are requesting the right the appeal the PIL judgements subject to the outcome of the appeal on the UTCCR.

 

The OFT and the Banks have agreed that the UTCCR ruling when it is finally made is likely to apply to historical terms as well as present terms, but the Judge is reserving Judgement on this until such time as he has looked at historical terms.

 

Judgement on HISTORICAL TERMS will be handed down on the 6th/7th July 2008.

 

Banks are still submitting historical terms to the court.

 

 

The Judge said he was concerned over the length of time an appeal on PIL would take holding the claims up in the courts for the consumers to get ''THEIR'' money.

 

That last sentence sounds hopeful to get our stays removed!

[locutus]

ok, every time you post the name of that website, it alters to disneyland.

[locutus]

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

 

 

I hope that the county courts staying cases take this onboard!

[locutus]

Cashminder account @ the co-op

 

The Co-operative Bank | Cashminder

 

When I first heard about this account, I was told there was no credit check, so should be no problem anyone going for it. (unsure if that position has moved!)

[locutus]

I think CAG should seriously look into this. Why do we put up with banks? because we have to! If we had a nationwide CU that was run ethicly and fairly, I know most people that visit this site will embrace it.

 

CAG CU

[locutus]

Things are on hold at the moment, but you are best to start reclaiming now... if things go the OFT's way (and I think they will) there will be a massive que formed to get your cash back... I think it would be best to get towards the head of that que!

 

Start a thread in the relevent bank forum here and someone will give you advice

http://www.consumeractiongroup.co.uk/forum/#consumer-forums-center-bank

[locutus]

As my mother would say......

 

[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

[locutus]

Doesn't Angela Knight talk some rubbish!!

I'm reminded of this scene for some reason whenever she talks

Edited March 2, 2009 by locutus

[locutus]

Start a new thread in the halifax forum (Click here

start new thread ) and I'm sure you'll get all the help you need.

[locutus]

The Office of Fair Trading: OFT welcomes Court of Appeal judgment

 

The OFT welcomes the Court of Appeal's very clear confirmation today that the unarranged overdraft charging terms for personal current accounts can be assessed for fairness.

The Court found that these terms are not part of the core or essential bargain between a consumer and their bank, and therefore consumers do have protection under the Unfair Terms in Consumer Contract Regulations (UTCCRs) for these terms.

 

This judgment confirms the OFT's long-held interpretation of this important aspect of consumer law, and is one that consumers themselves would identify with. It is also relevant to businesses across the whole economy.

We are now analysing the implications of the judgment for our ongoing investigation. The OFT has already written to the banks with its provisional view on the fairness of the terms, setting out its concerns that they may be unfair. We expect to reach a final decision on fairness later this year.

 

Can we get access to this letter via the freedom of information act? More importantly, if we can, will that be of any use to us?

[locutus]

Are you thinking what I'm thinking ?

 

Probably... is it "how much will it take for US to bribe a law lord?"

[locutus]

Sitting on my haunches...wagging one's tail...ears pricked... 10 DAYS TO GO!!!!

Whatever you need to do to pass the time... I hope that this will resolve things, but as the saying goes, "Hope in your left hand and poop in your right, We all know which one gets full 1st!"

[locutus]

I had a definate £50 buffer with the Woolwich. It was a 'no credit' current account with chequebook and said buffer. What changed when Barclay's bought them out it was reduced to £10, but now you say that - maybe this buffer converted into a £10 overdraft. My mates is the same.

 

It does actually say overdraft on online banking and reports to experian as my buffer did? (this is why I love this £10 facility!!)

 

I'm lost now! does that mean I can go £11 over without getting any £8 fees?

 

I used to work in the Woolwich call centre as they were moving the accounts from Woolwich to Barclays (basically the free 0800 number that you'd call to voice any concerns... mostly scripted LOL) and the script said something like "the £50 buffer is at our discretion and not part of the accounts T&C" or something....

[locutus]

on my experian credit report, the £50 buffer is there for all to see. Only thing is,I didnt know I had a buffer until I got my report.

 

Still didnt stop them charging me £35 for a failed DD.

 

(naturally I forced a refund- the **EDITED** were so dim, they refinded it twice, so noomill treated himself to a bucket of Guinness and a slap up curry on the excess proceeds!)

well, when I was on the phone lines, if anyone called for their charges back and if they had more than 1 (even if the other was years ago) I'd always refund 2 (which was the max that we could refund without passing it to the complaints department for them to deal with) so hopefully it was either myself or someone in my department that did that

Edited July 8, 2009 by car2403
quoting edited post

[locutus]

I am a very active privacy campaigner I take breaches of the DPA very seriously.

 

Slight understatement there Anyone who has followed the legal wrangling of "phorm" will know you

 

I hope you are correct and the secret handshake brigade have decided to finish this off once and for all in our favor.

 

Has the bank totally removed your overdraft facility then? Does this not come under the same rules as when they were closing accounts after paying them off? I.E. punishing customers for exercising their legal rights?

[locutus]

Can you post anything as long as it's followed with "IMHO of course"

 

Like.... My bank manager does nasty things with goats and adds charges onto my account to make up for his small physical dimentions.... All, IMHO of course

[locutus]

Call this justice?!

It's the best justice money CAN buy I think:(

[locutus]

LOL I was being cynical.

Now let me think, I buy a bar of chocolate. The chocolate bar is made up of elements from cocoa to the packaging. Each element involved other elements and taxation. When I buy my chocolate bar the shop will pay tax and VAT will be paid. So during every stage of the chocolate bar's indivual 'build' the tax man had a nibble of it.

 

Michael

 

Welcome to the UK!!! Every step you can think of money is taxed. You earn it, and before you see it, TAX. It goes into you bank, if it earns any interest TAX you take it out and buy a car pay vat (the t standing for TAX) and road TAX you fill the car with petrol BIG TAX you take up drinking MORE TAX and smoking EVEN MORE TAX then you die INHERITANCE TAX!!!

[locutus]

The thread title says :-

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-h-o-l-test-135.html#post2555585

[locutus]

But that is only once the "substantive issues" have been decided by a court so it won't be after the Supreme Court decision which is the final part of the "preliminary issues".

Politicians say many things when a general election is less than a year away

If they really had the power to force automatic payouts at that time, would it change from a "promise" to an "aspiration"?

[locutus]

Some of us have been in that club for years, not months, (I've been in it since day 1 of the stay period) so get in the queue, Gaz

 

{{Car nudges his way to the front of the queue, pushing past gazhodge1981 and others...}}

You can stay behind me! I should've contacted the courts 3 or 4 days before the stay to get their defense struck out (as they hadn't posted one and that was the deadline!) I was just busy them days and thought it would make me look more reasonable if I gave them a bit more time! All of a sudden, the case got stayed (even though they hadn't posted a defense!) and I've been here ever since

 

At least 8% APR on 2 grand for 2 years will be added once our justice systems gives us "justice"!

[locutus]

Step 1, upload to http://photobucket.com/ after removing personal data (you need to register with photobucket 1st)

Step 2, copy the Forum Link from photobucket to your thread.

 

(It will look like this [lMG]http://photobucket.com/loadsofbumpf/etc/file.jpg[/lMG] )

 

Done!

[locutus]

"you can nearly smell the methanol" on here? Wow. I must be hanging around the wrong part of the forum then.

Misread that 1st take... I wondered why everyone was eating cough sweets

 

 

So, worst case scenario, and the banks somehow manage to swindle it so that their contracts are not assessable for fairness... What kind of changes we can expect in our T & C? and who will the 1st bank to charge £50 + for a returned DD be?

[locutus]

12 hours 49 mins here