OFT v Banks - **Don't panic!!!**

[photoman]

Can someone (ie Bookworm or another Mod) please clarify this business regards the Statute of Limitations act ?

 

Many of us are claiming that section 32 of the act should be invoked anyhow, under the contention that the charges were paid due to the concealment of the true nature of the charges by the Banks, and/or that they were conceded under mistake.

 

Now, if the OFT case does finally come up with the ruling that the charges are/were unlawful then surely this provides scope (in fact further confirms) our rights to contend any 6 year limitation under this act ?

 

So why now the urgency to beat the 6 year limitation ?

 

I can appreciate the wisdom of getting claims in as usual in order that they get dealt with as soon as after the case is complete...... but I don't see that this is going to have any detrimental effect on our right under section 32 anyhow ?

 

 

Someone please clarify if this ruling would change those rights or not ??

 

 

PM

[photoman]

Thanks Bookie

 

Thought so.

 

I think that the OFT case, if ruled in our favour, would actually become an insurmountable precedent which could be used and cited in court bundles as evidence of the past concealment and/or mistake triggering either or both parts of section 32.

 

I think this could be easily applied and won in all cases, and would not require vast efforts. I do hope that when the time arrives CAG will encourage it, and employ it as standard practice in all POC's.

 

Thanks again

 

PM

[photoman]

I agree with Bookie here tide.

 

If we argue concealment , then any act of concealment, past or present, on behalf of the banks is cause enough to raise the bar. As is agreed here by Bankfodders first post.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-712882.html

 

If otherwise using mistake, then that too was bourne of the banks continued misrepresentations.

 

PM

[photoman]

Nevos,

 

Take a look here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

PM

[photoman]

Thanks for the clicks guys.

 

All the hard work on that draft was done by others (Alanfromderby and GaryH), but glad I could just be of assistance directing others there.

 

PM

[photoman]

The OFT reply to defence is published on their website (and still contains the names of all the original banks).

However, when I've tried to open the document my browser quits ?

 

Anybody else having the same problem ?

 

Was wondering if it's some quirk with my browser, or if the OFT link has been withdrawn for some reason (eg; particulars changed, number of defendants changed etc)

 

Can somebody else go to the link at the OFT site, and try to view the reply to defence, and let me know if it's just me, or indeed something to do with the OFT site ?

 

The Office of Fair Trading: making markets work well for consumers

 

 

PM

[photoman]

Thanks both.

 

But browser still quits for some odd reason whenever I try to view the pdf?

 

I'm using Safari on a Mac..... anybody else tried with Safari ?

 

Pm

[photoman]

Nope

Tried again today, still not working for me. Either the site won't allow access for Safari, or there is some strange setting that needs changing on my Mac.

 

Is there anyway that anybody could copy and paste or otherwise post up the content?

 

I think it would be useful for lots of other viewers of this thread anyway.

 

PM

[photoman]

Tideturner

Thanks.

Had a look at the site you posted. I don't think this is the problem, as I don't have any seperate firewall other than what comes as part of OSX installed.

I now believe that the OFT site has some sort of problem, as I've also tried to navigate to the link in Firefox, and I've navigated to similar links and pdf downloads on other sites with both browsers with no problems at all.

 

All very peculiar?

Perhaps the OFT site is running some wee spy program in the background, to monitor who is looking and taking an interest in the case; and it's creeping into the machines of those unwary viewers without firewalls.... and will eventually blow up their PC's, and then turn them into Triffids ??

 

..... or maybe I'm just being paranoid !!

 

PM

[photoman]

The test case is being held at the Admiralty & Commercial Court in the Strand at 10.30 on Wednesday 16th January. The public are able to attend

 

The consumer group Which? is planning an anti-bank demonstration outside the courtroom on the first day of the OFT test case, according to an Independent article.

 

The case is due to end by Jan 28, but judgement is not expected until May.

 

Could be good opportunity for someone to get their old Hot Dog stand out of the shed.

 

Do a roaring trade...... would you take a cheque ?