Court Case : Bank Charges & OFT Determination

[speedtrip]

I am posting this here with a link to my thread because of the implications it may have:

 

It refers to a current account o/d and over 30% in bank charges (plus interest for last 18 months) and was stayed pending the HOL ruling. On the assumption that Reg 5 applies this would go back to court along lines of original defence/amended POC depending on what steer CAG come up with.

 

My concerns is about the fact that this is a current overdraft and the OFT determination and my bank have to demonstrate they have complied.

 

As you see from the thread, they have supplied bank statements, summarised bank charges, POC, but the only thing that gets near an agreement is the letters setting out o/d terms and my question : is this sufficient for there defence.

 

As I not seem many challenging overdrafts on current accounts I wanted to ensure that I didnt completely balls if for everyone else.

 

Hopefully my thread is clear but if not please feel free to ask questions:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112285-allied-international-credit-14.html

 

Thanks

 

ST

[speedtrip]

bump

[42man]

A few useful links for you ST

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/31515-ccas-overdrafts.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145092-bank-account-cca.html

 

http://www.consumeractiongroup.co.uk/forum/general/94575-cca-overdrafts-final-word-2.html

[speedtrip]

Update and request for help.

 

Like many others my disputed o/d and bank charges had been stayed.

 

I wrote to court and dropped in personally prior to Xmas requesting idefinite stay to allow communication from OFT and other Pressure Groups to be made public.

 

Nothing from court yet but i have received letter from the bank:

 

Quote:

 

"These legal proceedings came to a conclusion on 25/11/09 when the supreme court decided that as long as they are clearly set out the level of unplanned overdradft charges cannot be assessed for fairness under consumer fairness legislation known as UTCC."

 

"We understand your complaint is that the charges we made are penalties and/or unfair because you believe they are too high. The outcome of the legal proceedings means that the bank charges youve complained about are not penalties and the SC has also decided that the consumer fairness legislation means that the level of charge is not a reason for finding them to be unfair"

 

Complaint not upheld go to FOS etc

 

I am aware of other thread regarding "guidance, poc and help" coming but is there anything I can do in the meantime?

 

My position is my o/s o/d contains 30/40% of bank charges plus interest from date of stay until now and as currently unemployed no means to negotiate.

 

I am going to try and put something together "in preparation" for later but if anybodys already got an argument already outlined that be very helpful.

 

Regards

 

ST

[citizenB]

Speedtrip, have a look at the following thread.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/248268-sheriff-puts-bank-scotland.html

 

Whils the above is being held in the Scottish court system, a good outcome could be persuasive in the English courts.

 

There are plenty of people in the reclaims section who have prepared letters to have requests by banks to the courts for removal of listings halted.

 

Also have a look at the announcements in the Welcome forums in respect of bank charges.