Bank Charges Consumer Charter

[tifo]

interesting read ....

 

what part of this is applicable to England, particularly the common law private vs public case.

[muggyno1]

http://www.govanlc.com/sisted.pdf

 

I knew there was a reason why I shouldn't have moved down to England!

[patrickq1]

think i will move back to govan lol my happy childhood years spent their was born above the police stn on orkney street ...mmm wonder if its still their ,seems the laws are fairer their and you get a better chance of a hearing and result

[duncan_disorderly]

No, as far as i am aware and from the letters i have received re waiver from banks.

 

The stay advice from the 'Master of the Rolls' applies to cases in England, Wales and NI while the FOS will continue to look at claims in Scotland.

 

Maybe the legal eagles can advice why the differences.

 

Tifo

 

You misread my answer. The waiver applies to all banks in all parts of the UK. In other words, no bank has to resolve your complaint until resolution of the test case, if they have applied to the FSA for a waiver. I doubt there will be any banks that will not apply!

 

Whether you can continue your action through the courts in Scotland is another matter, which is why the banks recommend you take legal advice if you live there. They know that Scottish law is different and the OFT test case may not buy them out of the due legal process in Scotland. However the other side of the coin in Scotland is that the small claims limit is only £750, so anyone with large claims will have a long fight on their hands anyway.

 

The letters from the bank also say that if you live in Scotland, you may want to refer your case to the FOS, but goes on to say that the FOS have also agreed not to look at any claims until the test case is over. The FOS have not confirmed whether they will continue to look at Scottish claims or not - and they have also not confirmed what constitutes financial hardship cases. Their only comment is that they will assess each case on an individual basis.

[caro]

Some courts in Scotland have allowed sists, which I understand are the equivalent to stays, so Scotland is continuing to be a tough nut to crack, especially with the lower limit for small claims and problems severing them to keep within the limit.