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

[means2anend]

I heard on the news yesterday on working lunch I think it was,... that Virgin are opening their banks and that 'everyone will have to pay monthly fees for current accounts...if all the banks assume this position will that not diminish the argument of 'free-in-credit banking' ...and ironically deprive the consumer of that very 'Unfair Relationship' argument in the coming months???

 

m2ae:eek:

[srfrench]

LOL....only if they are time-travellers

[jdes26]

How my 15p debt at bank rose to £80

 

Essex Echo - ‎9 hours ago‎

The Office of Fair Trading launched a test case against the banks in July 2007 to establish if it had the power to decide if bank charges were unfair. ...

 

 

 

 

 

 

 

 

WHAT A JOKE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[jdes26]

is this fair!

[Bigdebtor]

Is Essex usually this early in spreading the news?

 

BD

[danielr]

[rdm2006]

Is Essex usually this early in spreading the news?

 

BD

 

 

They are not as primitive as "north of the border"

[Bigdebtor]

We don't just report the news - we make it!

 

Just watch this space in July once HBOS hav ebeen in Glassgow Sheriff Court!

 

BD

 

PS - I should have guessed from your photo you were an Essex girl (even up here we've heard of them).

[rdm2006]

We don't just report the news - we make it!

 

Just watch this space in July once HBOS hav ebeen in Glassgow Sheriff Court!

 

BD

 

PS - I should have guessed from your photo you were an Essex girl (even up here we've heard of them).

 

I can't see a photo for that person lol ??? unless you mean on the article and wasn't it a male ???

 

The hint is in the first two words

 

A MAN who allowed his account to go a few pence overdrawn has been charged £80.

[Bigdebtor]

I mean the rather fetching figure in your posts with the matching outfit (including hat and glove) and the endearing suggestion as to what should be done with one's digit!

 

BD

 

PS I think I may be in love!

[rdm2006]

I mean the rather fetching figure in your posts with the matching outfit (including hat and glove) and the endearing suggestion as to what should be done with one's digit!

 

BD

 

PS I think I may be in love!

 

You are so barking up the wrong tree lol

Edited March 9, 2010 by rdm2006

[Bigdebtor]

Is Barking not in Essex too? Anyway enough of this flirting or we'll get told off for being off topic!

 

BD

[rdm2006]

Is Barking not in Essex too? Anyway enough of this flirting or we'll get told off for being off topic!

 

BD

 

Barking is in Essex, however, Essex is not in the Midlands where I am and just like dearth vader was male so am I

 

Sorry to be the bearer of bad news concerning your love life :grin::grin::grin:

[Bigdebtor]

Gutted!

[fergal71]

get a room!!!!!!!!!!!!

[means2anend]

'none of the above'

 

oh..good afternoon GUEST!!!

[TheyrCriminals]

Hi,

 

Devastated. Friends bank charges claim struck out. We spent ages working on our written submissions, we incorporated the Supreme Court Judgement and the directing to S.5 UTCCR's we also sent the court an entire copy of the judgement. Additionally included the positive development in the Scottish case of Sharp v Bank of Scotland plc (2010). It didn't work Judge threw whole claim out.

 

Any suggestions anyone?

 

TheyrCriminals

Edited March 10, 2010 by TheyrCriminals

[rdm2006]

Hi,

 

Devastated. Friends bank charges claim struck out. We spent ages working on our written submissions, we incorporated the Supreme Court Judgement and the directing to S.5 UTCCR's we also sent the court an entire copy of the judgement. Additionally included the positive development in the Scottish case of Sharp v Bank of Scotland plc (2010). It didn't work Judge through whole claim out.

 

Any suggestions anyone?

 

TheyrCriminals

 

Did he give reasons? Who is we? Flagged up for site team attention

Edited March 10, 2010 by rdm2006

[TheyrCriminals]

Hi,

 

We phoned the court to find out the result but as yet we have not had the written Order through which we are hoping will shed some light on it but this is a massive setback. Can we get the claim reinstated?

 

TheyrCriminals

[rdm2006]

Don't you just wish you could "Leap Frog" and write direct to Supreme Court.

 

After all writing to them worked for the banks.

 

Someone in the know will be along soon

[HomerJSimpson]

Hi,

 

We phoned the court to find out the result but as yet we have not had the written Order through which we are hoping will shed some light on it but this is a massive setback. Can we get the claim reinstated?

 

TheyrCriminals

 

The strikeout order I received gave me 7 days (I think) to apply for the judgement to be varied or set aside. I came here for help, received stirling advice from the site team, and applied via N244 to have the strikeout judgement overturned. It worked, although it wasn't a bank charges claim - it was a finance company claim. Think the same or similar principles apply though.

 

http://www.consumeractiongroup.co.uk/forum/general/246352-finance-company-claim-strilkeout.html

Edited March 10, 2010 by HomerJSimpson
7 days not 14

[JonCris]

Hi,

 

Devastated. Friends bank charges claim struck out. We spent ages working on our written submissions, we incorporated the Supreme Court Judgement and the directing to S.5 UTCCR's we also sent the court an entire copy of the judgement. Additionally included the positive development in the Scottish case of Sharp v Bank of Scotland plc (2010). It didn't work Judge threw whole claim out.

 

Any suggestions anyone?

 

TheyrCriminals

 

A simple strike out doesn't mean you can't try again unless it's judgment. Don't despair as provided you use different arguments as in GLC then you can re-issue however my advice before re-issuing is to await a Scottish judgment which if favourable you can use

[Bookworm]

Can't really suggest anything until we know on which grounds it got thrown out.

[enaid]

you'll probably get an order through from the court giving you 7 days to stay, set aside or vary the claim. you need to apply with a N244 application giving your reasons why the decision is wrong and attach your proposed amended POC and relevant fee - it doesnt sound like you attended a hearing - some courts are doing this off their own backs then allowing people to overturn it later - I only know of one case so far other than yours that has not been allowed to continue - if a hearing is set you MUST ATTEND

[means2anend]

Hi,

 

We phoned the court to find out the result but as yet we have not had the written Order through which we are hoping will shed some light on it but this is a massive setback. Can we get the claim reinstated?

 

TheyrCriminals

 

I have just read Homer's Thread.

 

As JonCris has pointed out there has been no judgement and therefore no finality in the matter.Set asides are pretty common however you will need to be incisive in your follow ups and bear in mind that your issue IS one that applies within the context of the SC decision.

 

You will need to sharpen your sword and distinguish issues in SC decision from your situ.

 

Have a read although contextually Homer's was outwith the Banking structure but I am so sure you may identify with a few things.

 

Homer has successfully applied for a set aside (Procedure) and is currently awaiting response from the defendants.

 

HJs claim was also initially dismissed/struck out.

Edited March 11, 2010 by means2anend