OFT/FSA/FOS Links to info on test case

[zootscoot]

OFT Press release 26th July:

 

The Office of Fair Trading: OFT launches test case on unauthorised overdraft charges

 

OFT FAQs on test case:

 

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007

 

The agreement:

 

http://www.oft.gov.uk/shared_oft/press_release_attachments/bankagreement.pdf

 

FSA waiver press release:

 

FSA grants waiver to firms on complaints handling

 

FSA waiver modification:

 

Modification by consent of certain DISP rules

 

FSA waiver Direction

 

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

 

Ombudsman fact sheet:

 

http://www.financial-ombudsman.org.uk/faq/bankcharges-testcase-quickguide.pdf

[Castlebest]

Extract from an HSBC application for a stay received by a CAG member from the court. Where dose this leave us with the replies Martin Lewis got from the MoR's office just after the test case was announced?

 

In a response to a message sent to Designated Civil Judges earlier on the 27th July 2007(after the story had appeared in the press, but before the OFT Proceedings had been issued). we understand that Judge Holman had suggested that it might be sensible for the County Court proceedings to be stayed pending a decision in the OFT Proceedings.

 

In accordance with this suggestion since the OFT proceedings were commenced many County Courts have stayed bank charges cases before them. For example, we understand that on 30 July 2007, both Shrewsbury and Cambridge County Courts ordered stays on all bank charges claims until such time as the OFT Proceedings have been resolved. Further more, the judge in Cambridge County Court said that he would ensure the same result in Luton,Huntingdon,Bedford and Peterborough County Courts.

 

In the light of the above, we respectfully suggest that the finals hearings and preliminary hearing dues to take place in your Court in the cases listed in the schedule to this letter, and indeed all other bank charges cases against HSBC pending before your Court, should be stayed until such time as there is a final determination in the OFT Proceedings.

We should be grateful if you would place a copy of this letter before the judge or judges responsible for those cases.

 

If you have any queries in relation to the above, please contact Jason Newbold on 0121 455 2659.

 

I'm sure Jason Newbold of DG Solicitors wont mind his phone number being left in

 

pete

[barnett]

Hi Zoots, trying to file an application to have stay removed v YB at Leeds court. Have done witness statement but says I need to include OFT test case POC and list of settled cases. Could you possibly give me links. Need to get this in post urgently. Thankyou.

Barnett.

[kennyh]

Hi folks,

Does anyone have any idea whether the OFT is likely to continue its UTCCRs investigation (into whether the level of charges is fair) through the end of '07 (when I believe it was supposed to be finished)? There only appears to be a couple of 'wooly' references to the study being 'ongoing' on the OFT site (this is the Civil Service at its dubious, finest).

[danny_kiernan]

Hi there,

 

As I have just been on the phone to the FSA - I thought it would be useful to publish the link, which expressly states that business accounts are not included within the waiver as barclays have been trying to fob me off with that on my business account.

http://http://www.fsa.gov.uk/pubs/other/two_month_review.pdf

 

Danny

[ukaviator]

Link does'nt work Danny .. .

[danny_kiernan]

oops too many http's heres the proper link

 

http://www.fsa.gov.uk/pubs/other/two_month_review.pdf

[akamba11]

hello, i m christian i woulk like have informations regarding bank charges i has make claim to my Bank from april this year but the court had hold my case until hight court will decide. i would like know if there,re not any more way to recover my money i had be charges by nationwide.

Thank you for your undrestanding

[srfrench]

Unfortunately not Akamba......not until the House of Lords have handed down their Judgement which is expected in the next few weeks.

 

Until then stays in the Courts won't be lifted unless you are unemployed or suffering real financial hardship.

 

The only thing I can say is patience my friend......just a few more weeks to go before we all get a clear idea on what we can do next

[yourbank]

Unfortunately not Akamba......not until the House of Lords have handed down their Judgement which is expected in the next few weeks.

 

Until then stays in the Courts won't be lifted unless you are unemployed or suffering real financial hardship.

 

The only thing I can say is patience my friend......just a few more weeks to go before we all get a clear idea on what we can do next

 

The courts are not ruling if the charges are unfair. They are ruling if the terms that cause the charges are applicable to UTCCR 1999. It will not result in automatic refunds or any refunds for that matter. Secondary litigation will decide on fairness and furthermore on how far back you can go(cos UTCCR 1999 leaves it to national courts on how far back), what is a fair term, etc,etc,etc,

Any other issues may be dealt with by Group Litigation Orders but the first decision will decide whether there is further litigation or not.