Massive victory for Bank Charge reclaiming News Article Discussion

Tozer

arigney wrote: »

I am not mixed up, I can tell the difference between right and wrong and I know that there is corruption at every level in public service and non public services.

As a lawyer I now understand why you are defensive I am attacking the system that you are a part of, I am saying that the system can be abused and you must know that in your position, youmust see it happen daily. I do not think that people who are in debt are faultless but the banks act like vultures swooping when people are down on thier luck and I think that the law should protect them. I think that there we agree.

I couldn't give a stuff about being defensive about any system.

I specialise in corporate transactions but I see enough litigation and have read enough judgments to have a much higher confidence in our system than you.

Yes there is corruption in power. But that is why you have a concept called "Separation of powers" in effective legal systems where the judiciary is separated from the Executive and Legislature.

You talk about inappropriate sentencing, etc (which has nothing to do with bank charges...) but judges can only go on sentencing guidelines and law passed to them by government.

jay3_2

arigney wrote: »

Watch the news then!

I do watch the news.

What are your specific allegations?

Tozer

arigney wrote: »

Watch the news then!

Point us to something - anything - where an appeal court judge is found to be corrupt?

MSE_Martin

Please can we keep this on topic.

The veracity of judges is a very small side issue here (personally I think our judges at the higher levels tend to be pretty fair - the problem is often the law they're needing to adjudicate on). And lets stick to bank charges.

Thank you

DotingDad

To get back to the specific topic please.

My understanding of the situation is that the decision today is effectively permission for the OFT to consider the POSSIBILITY that the charges in dispute are unfair as there are legal grounds to suggest that they could be.

If the banks exercise their right of appeal to the House of Lords (despite the opinion expressed by the Court of Appeal that they should not) then again it will be the POSSIBILITY that the charges are unfair. One assumes that if the House of Lords come out against the banks then the banks could take it to the European Court of Justice which can overrule all England's courts as English Law is subservient to EU Law.

As I understand it if the courts referred to above agree the decision then, and only then, can the OFT rule on whether the charges are ACTUALLY unfair and by HOW MUCH.

It would thus be theoretically possible for the OFT, as a Government funded body, despite the protracted court hearings, to decide that the charges are NOT in fact unfair if politically and economically expedient so to do.

Have I understood where we are correctly or not?

Tozer

Bang on. Except the ECJ is not relevant as there is no aspect of European law relevant here.

johnbfan

Does this mean we should be sending our letters anyway to our bank demanding the rest of the money. We had £750 put into our account and we accepted it as part settlement. We told them this and so they still owe us about £400.

Do we write politely and demand the rest?

chipbeck

With a bit of luck the banks may look more favourably at hardship cases. I hope so anyway as I'm going to contact Barclays.

jenniewb

Just wondered, could anyone here please explain why exactly it is being put on hold AGAIN???!!! I can understand the first few times but isn't this just getting beyond a joke?! am going mad here! is there anything we can do as a result to speed it up?

marcharrison1979

johnbfan wrote: »

Does this mean we should be sending our letters anyway to our bank demanding the rest of the money. We had £750 put into our account and we accepted it as part settlement. We told them this and so they still owe us about £400.

Do we write politely and demand the rest?

You did well to get anything back. Well done. Wish i had been so lucky, my bank are just giving me the run-around. Endless streams of letters apologising that it is taking soooo long.