Office Of Fair Trading Test Case

[jules1973]

How are you supposed to see if you have been charged or not?????? not everyone has access to telephone banking or in abbey's case, I have requested telephone banking to be sent thorugh 6 times in the last 6 months and have now given up asking.

 

Obviously they are hoping you rack up loads of charges between one statement to the next.

[andrew1]

Andrew1 Like many such employees of the banks the 'lady' you spoke to was talking complete & utter nonsense.

 

Start you action now!

 

Any stay will not apply to your claim for the return of your benefits as your not claiming they are unlawful but that they where taken unlawfully, contrary to law

 

In otherwords reclaim the amount of benefits taken & not the amount of charges (which may or may not amount to the same thing)

 

Benefits which incidental don't belong to you, the recipient, but belong to the state for the upkeep of you, the recipient. This will include any of your Dependants for whom benefits may be received.

 

Would one approach this in the same way as the bank charges though so far as working the payments out with interest on the spreadsheet? The charges go back to July 05 when I began getting WTC and amount to over £500. Annoys me they use the OFT Test case to fob me off. What are they saying to everyone?

[maybelline]

Below is Halifax PLC lastest remarks added to customers bank statements:mad:

 

As part of our commitment to the environment and to cut identity fraud, we are reducing the number of paper

statements we send. From 1st August 2007 accounts credited with an average of less than £500 per month

will receive a paper statement every three months. Accounts with no transactions in the last 6 months

will receive one paper statement per year. If you need a monthly statement, you can receive this online.

 

now if that aint a pop at the poorer people i dont know what is

 

I agree 100%! - it stinks! I have just had a CAB 'adviser' talk to me like I was a naughty child being 'in debt' to these vultures that prey on the poor with their dodgy agreements, insurances they did not sign for and downright lies and when so called 'advisers' who are paid handsomely from the public coffers tell them the wrong info and cause them even more hardship and distress, what then? so cross:mad:

[TideTurner]

Maybelline

 

Many CAB workers are voluntary workers, others are on low wages, however, you should bring this to the attention of the branch, so nobody else receives bad advice.

 

Tide

[maybelline]

hello Tide, I was feeling rather frustrated about it, I have done much volunteer work myself and know how hard they work so no disrepect meant to any of these folk but...

 

I was told interest was accruing while in dispute, but I thought no interest, defaults could be registered etc while in dispute, also told I stood to lose my home if I do not keep paying (this may be so) I have a hearing listed with them at the court.

 

In some cases it may not be advisable for someone to make a payment on a long outstanding debt as this would make it active again, poorly worded I know but the point is, information should be accurate and if the adviser is not able to advise would best say sorry we do not know this.

 

and another thing, saying 'but you signed it' is not useful advice!

[TideTurner]

I agree, I would rather have no advice at all than bad advice from somebody purporting to be informed, which is why you should bring it to their attention (a discreet letter would do the trick) just say you don't agree with the advice given, and stress you are not making a complaint.

[JonCris]

Being a voluntary unpaid worker is no excuse for giving bad advice

[Westy1]

Regarding the letter to my MP about the FSO waiver, I thought it would be useful to remind him if he signed the Early Day Motion about bank charges. .... but I can't find the link.

 

If any one has the Early Day motion Link to hand could them PM it to me please?

[Westy1]

Ok... I found it now. For any one else interested, look up: Search

and enter your MPs name as well as the words "Bank charges" in the search to see if your MP signed any early day motions about unfair charges.

 

As mine did, I included the following at the top of my letter to him about the OFT waiver...

 

"I note you are a signatory of EDM 500 - BANK CHARGES (No. 2) on 13.12.2006 proposed by Jim Sheridan: That this House expresses its concern at the penalty charging policies of banks and credit card companies; welcomes the news that more and more customers are applying to have these charges repaid; applauds the work of the PenaltyCharges.co.uk team; and supports the ongoing investigation of penalty charging practices by the Office of Fair Trading.

and

EDM 956 BANK ACCOUNTS on 22.02.2007, proposed by Colin Breed

That this House deplores the practice of high street banks arbitrarily giving notice to customers to close their bank accounts for requesting an explanation of bank charges which have been levied; and calls upon the banks to cease this practice forthwith and comply with the banking code."

 

Hope others find this useful.

[Robdblynd]

EDMDetails

 

I've got this one, is that any use?

[jules1973]

Just checked my local MP didnt sign either of them. Shame.

[noomill060]

You know who NOT to vote for next time round.

 

Why not write and tell him/her so?

[maybelline]

mine did not sign either:(

[jox74]

Ay-up,

 

Realise that this isn't the right place to do this, but was hoping for some speedy advice, and know this has been a busy thread of late....

 

Saw that Lunatic Flea got (his / her? Sorry!) case thrown out as the bank hadn't complied with the Judge's direction - good work!!

 

I'm in the same position - bank didn't comply with direction to file a schedule disputing each item by 1 August, rang the Court on Fri (Luton), who said that the Judges are still deciding how to proceed with these cases. My reading then is that no stay has been requested on my case, bank didn't comply - therefore I request a judgement coz the bank didn't comply.

 

Got the form - N225 - and want to claim the interest since date of claim, but was just wondering what the daily rate is? I saw on Lunatic Flea's thread that it is 36p per day, but just wanted to check that....?

 

Grateful for any advice!!

 

Cheers

 

Jo x

[Muffintop]

I have just read the Notice at the top of this forum

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=11&a=107

 

Does this mean that ALL claims are now suspended ??

OR is there are date when this suspension of claims comes into effect ??

 

Oh dear, or dear - this could take ages (years even, knowing how quick the OFT are [NOT])

 

What happens next ??

Pete, is it still worth doing the business claim with Lloyds? skeggsy

[Lunatic Flea]

Ay-up,

 

Realise that this isn't the right place to do this, but was hoping for some speedy advice, and know this has been a busy thread of late....

 

Saw that Lunatic Flea got (his / her? Sorry!) case thrown out as the bank hadn't complied with the Judge's direction - good work!!

 

I'm in the same position - bank didn't comply with direction to file a schedule disputing each item by 1 August, rang the Court on Fri (Luton), who said that the Judges are still deciding how to proceed with these cases. My reading then is that no stay has been requested on my case, bank didn't comply - therefore I request a judgement coz the bank didn't comply.

 

Got the form - N225 - and want to claim the interest since date of claim, but was just wondering what the daily rate is? I saw on Lunatic Flea's thread that it is 36p per day, but just wanted to check that....?

 

Grateful for any advice!!

 

Cheers

 

Jo x

Hi Jo

My court were also deciding what to do in light of the OFT announcement. I kept my fingers crossed but was fairly confident as Lloyds TSB failed to comply before the OFT announcement. I am not sure what will happen in cases were Lloyds failed to comply after the OFT announcement was made. As far as i am aware it is not taken for granted that banks will automatically get a stay. I was advised on another post to claim 36p a day from date of claim to date i was requesting judgement. The Judge did not award me this (Only £36)

Good luck in your claim

[maybelline]

statutory interest at 8% from the date of the claim, that is what I rec'd after winning (judgement by default)

[stonedecroze]

Ay-up,

 

 

Got the form - N225 - and want to claim the interest since date of claim, but was just wondering what the daily rate is? I saw on Lunatic Flea's thread that it is 36p per day, but just wanted to check that....?

 

Grateful for any advice!!

 

Cheers

 

Jo x

 

I worked out daily rate from N1 total charges + spreadie interest + SAR Fee multiply by £0.0022 = daily rate in pence. think this is correct. no doubt some one will correct if wrong.

[nevos]

posting this though it may have been done previously:-

 

If you have a case of genuine financial hardship, your bank or building society must deal with your complaint – see the Banking Code for how they can help. If you're not happy with the firm's response to your complaint, you can take it to the Ombudsman, who will consider whether your complaint can be dealt with before the test case is resolved.

[determindator]

Hi,

I wondered if anyone has thoughts on the most effective way to submit a new claim I have for NatWide. I am ready to go on Moneyclaim online or a Finanacial Ombubs complaint. I am up to aq on Abbey at present but the fees are affecting the new complaint. It can be a bit pricy doing it all at once.

 

Thanks to all

Determind

[SL56]

Test case date set for 14-Jan-2008!! They reckon its going to last about 8 days for the hearing

[determindator]

Hi SL56,

 

Gosh are you the chosen one!! I am sure all will help and support you on this site. Please keep us all up to date.

 

Determind.

[SL56]

Other peeps have helped me out loads here so only right I give back - was re-reading the oft FAQs and it appears theyve updated it on friday when viewing the source on the page.

[PeterAnderson]

determinator

 

The advice from the mod's (I saw it in Wiki) is not to use MCOL; just go to your local court and grab a handful of N1's; with MCOL you cannot add your schedule of charges or POC and by time you have posted of these bits MCOL only sent it all to your local court anyway - far better to have all these things in your sticky hands, staple them together and hand them in.

 

Best of luck with your claim

[shane5408]

determinator

 

The advice from the mod's (I saw it in Wiki) is not to use MCOL; just go to your local court and grab a handful of N1's; with MCOL you cannot add your schedule of charges or POC and by time you have posted of these bits MCOL only sent it all to your local court anyway - far better to have all these things in your sticky hands, staple them together and hand them in.

 

Best of luck with your claim

 

definitely agree, N1 is much better than MCOL, gives you more flexibility and options later on should you need to file motions/directions etc and you're not limited on your POC's. I found it a lot easier to download the form and type in all the details rather than doing it by hand, see link below for details:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338

 

don't forget to hand in 3 copies to your court with the appropriate fee

 

regards,

shane