Test Case - Aaaahhhh!

[Ladidi]

Anyone know the outcome of the test case that went on this morning?

 

Ladidi

[ICY]

not yet as far as i know

[welsh_nick]

Think its worth claiming from scratch now then, with a request to go back further than the 6yrs, for me anyway.. as i was just about to take court action. May as well get the lot now, seeing as though its gonna take time to claim, and a request for further than 6 yrs records will take a while too...

Anything i need to do different when doing this??

[Bookworm]

What test case? :-?

 

There seems to be a lot of rumours and counter-rumours going on at the moment.

 

As far as I am aware, there is no test case that went on this morning, if there were, that would make the OFT's announcement rather redundant. It may be that people got the wrong end of the stick and confused the two.

[Ladidi]

Go here.. I found this but I haven't yet read it all..

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=6&a=107

 

 

All about the test case..

[reka]

I may be able to clear up the "Test case today". The BBC news said OFT was starting a test case today...i believe it was unfortunately worded and what they meant was that test cases were being started today....not being heard in court today. I too thought it meant there was a hearing today untill i listened to the News broadcast for the second time.

 

I may be wrong....again... but that is my current understanding,

[reka]

Just a thought..... if its in a high court, will it be an "open" court or behind closed doors? I really would like to sit in and listen to the case

[ICY]

As would we all Sam, i doubt they will allow 157000 people into the court though lol

[deadlykiss]

lol wouldbe funny seeing banks faces with all our glaring eyes at them lol

[salesman]

Found this I dont know if its any help! Its from the FSA web site

 

Unauthorised overdraft charges go to High Court : FSA Money made clear – News

 

I thought it interesting that if you are in real financial hardship they might speed up your case?!?!?!?!

[Ladidi]

I would join in too, but some how I reckon they will end up doing this behind closed doors anad having only those who need to be in the room in the rooma dn rest told to take a hike and not to mention, they could end up breaking for recess so that the judge and barristers for both sides can discuss without anyone finding out what was said. I honestly believe if this does not go in the favour of the little man/woman there has been a cover up and done in favour of the big man..meaning they may strike a deal so that we all pay something so that the banks have to pay out as little as possible

 

Ladidi

[Ladidi]

I have just read up on the Abbey website and FOS web site and they have predicted it could take up to a year for this to be finalised and that the FOS have granted a waiver to all the banks for up to a year which will be reviewed regularly and that all the banks must update their customers. Abbey have stated they putting out a national "Stay" at all the court claims in process at moment and any new claims filed will have nothing done on them until the rulings of the "Test Case"

Although I am reading the "Stay" will be up to each individual court I cant see any of them saying that the bank should pay out when all they will do is appeal and say we are dealing with a "Test Case" and we are advising consumers and alike to await the ruling of this, meaning no payout will be honoured regardless. The only ones that will be honoured are the ones who have been offered a settlement and have upto 2 months to decide to take this or not.

I`m no legal expert but that is my understanding of it. So no matter what happens either way, no one will be paid until the outcome of the "Test Case" the banks have signed up to.

 

Ladidi

[ICY]

the waiver to the banks simply means they are not held to the usual time recccomendations for dealing with complaints they receive that has nothing to do with the court cases.

They will be REQUESTING stays at cases, this does automatically grant them, they have to convince a judge, the Defendant requests a stay, IF the judge allows it the other party has the right to appeal this decision anyway

 

So no matter what happens either way, no one will be paid until the outcome of the "Test Case" the banks have signed up to.

 

I really think you are incorrect in this, this is the impression the banks are giving out but i dont think it will be the case, no offence meant btw, we need to all calm down a little and wait to see what happens, things dont always turn out for the worst

[jules1973]

I agree ICY, reading snipets from various news websites is a bit like chinese whispers, everyone needs to sit and wait.

 

PLEASE PEOPLE DONT TAKE THIS THE WRONG WAY, but i feel that there is a small minority of people that knew the banks would pay out but have preplanned or prebooked things on the assumption that they should have had their money by now or due very soon.but we should all know by now what tricks the banks play.

 

Whats the old saying, dont count your chickens until they hatch. or its not yours until its in your hand

[Ladidi]

Well ICY hun I hope your right. I dont intend or claim to be a legal eagle. It is just the way I have read everything and then I thought about the appeals process that they may take. As we all know the Abbey are not quick off the mark when it comes to giving back, but they certainly are when it comes to taking it!

 

There is nothing I would like better than to have some sort of closure on my claim and to have my money back where it belongs with me. i know I had the chance and I said NO cos their offer was dismal and pathetic and now I have wait the outcome like the rest of us..tomorrow seems so far away!!!!!!

 

Ladidi

[spicester]

Well as far as I am concerned the judge in my case has been dragging his heals anyway and my court date isn't until mid october anyway so a few months longer does not matter to me.

 

Right now too much is being said about what MIGHT happen - surely it is best for us all to calm down, ride it out and wait for feedback from the many claims currently ongoing?

 

If people start panicking thats when they will make mistakes in their claims and to be honest I think that is what the banks are probably hoping for - a lot of hysteria and less pressure on them.

 

I for one am going to keep the pressure on Abbey and lodge a part 18 request this week lol. Screw them they have had my money long enough!!!

[Ladidi]

Does anyone know what happened to the Lawyer who was going to be the first test case that was reported ages ago?.. Last I heard it was adjourned until a later date but no date was given.

 

Anyone know anything on this???????????

 

Ladidi

[spicester]

I haven't heard about that one sorry

[elliejay39]

You mean Tom Brennan?

He's waiting for judgement on Monday as to whether there is enough legal cause to take his case further. Don't forget he's been offered full charges back PLUS about £5k compensation (allegedly) His claim will not test whether the charges per se are unlawful its more about damages (I think...)

[elliejay39]

anyway does this mean that I can request a stay on paying back the overdraft Abbey have told me will be cancelled from beginning of Sept and that I was relying on charges refund to repay! Lol

[Ladidi]

Thats not a bad thought ellijay...All those who have had your overdraft suspended and told by the bank that they want it back by such and such a date..tell them you gonna file for a "Stay" the same way they have on your bank charges and you will repay depending on the outcome of the test case..

 

I`d love to see their faces when god knows how many customers tell them that..lmao

 

But no doubt they will say...You cant do that, if you dont pay it we will take all credits from your account until it is repaid and you will acrue charges as you no longer have an anuthorised over draft.. they will sting you again one way or the other... Thats the british banks for ya...

 

Ladidi