Who can challenge the fairness of unauthorised overdrafts

lewis1964

Let's forget the ruling of the Supreme Court for now and ask ourselves the question:
Who can challenge the fairness of overdraft charges? If OFT can't, there must be an organization able to challenge it. Maybe the Bank of England, the Prime Minister or the Queen herself. Can anyone shed some light on this?
I think whoever can challenge the fairness of these charges is just sitting on the fence.
Thank you,
Lewis1964

no_cigar

Regarding my hardship reclaim case; In the last 3 month I have spoke to Halifax customer relations, complaints, customer services, collections, and the money management team. All these departments have at some point have given me contradictory information, and insisted my hardship case is being dealt with and my common financial statement received. Now, since the supreme court ruling (what a disgrace!) all departments say they are awaiting further guidance on how to deal with these cases. I contacted the FSA (good for nothing) and they say they must adhere to a 8 week turnover and reply from the banks to themselves regarding my complaint. I also contacted the Office of Fair trading and they referred me back to my banks internal complaints procedure! This is where I was initially 6 month ago!!! I have now come to terms with the fact that there is no help or guidance from any organisation available that will come to anything, and the banks are now officially ABOVE THE LAW.:eek:

lewis1964

I think the OFT should take the case to the European Court of Justice in Strasbourg because there are 2 previous ruling against the banks. The banks must learn a lesson. I will never give up my rights whatever happens, no matter how long it takes.
The banks are not above the law!!!

no_cigar

Well good luck to you, but I for one at the moment have had the fight knocked out of me. But tomorrows another day.

natweststaffmember

lewis1964 wrote: »

I think the OFT should take the case to the European Court of Justice in Strasbourg because there are 2 previous ruling against the banks. The banks must learn a lesson. I will never give up my rights whatever happens, no matter how long it takes.
The banks are not above the law!!!

With the final court in the UK, ie Supreme Court, they have to refer cases to the European Court of Justice. Without referral they cannot be taken independently of this.

pingchris

natweststaffmember wrote: »

With the final court in the UK, ie Supreme Court, they have to refer cases to the European Court of Justice. Without referral they cannot be taken independently of this.

forgive my cinicism but the supreme court are closer to the government and banks than i am right now to my chair,the supreme court,hmmn are they there to stop anyone from chaallenging the government and the banks,the supreme court right infront of the banks protecting them from anything bad ,again forgive my doubts,but its as i see them.

natweststaffmember

pingchris wrote: »

forgive my cinicism but the supreme court are closer to the government and banks than i am right now to my chair,the supreme court,hmmn are they there to stop anyone from chaallenging the government and the banks,the supreme court right infront of the banks protecting them from anything bad ,again forgive my doubts,but its as i see them.

The Supreme Court are separate to the Government...it's called the separation of the powers and is something that democratic countries have. Let's have some sources if you disagree and we can fight it out.

lewis1964

There are 2 other questions we need to ask ourselves:

1. Why the test case was on a such narrow point of law when the OFT could have assessed the fairness of bank charges under Regulation 5 and others in the first place?

Why the OFT refused the help of consumer groups before the test case?

Let's wait and see what will be OFT's next move. I think then things will probably be clearer.

natweststaffmember

lewis1964 wrote: »

There are 2 other questions we need to ask ourselves:

1. Why the test case was on a such narrow point of law when the OFT could have assessed the fairness of bank charges under Regulation 5 and others in the first place?
There POC was under Regulation 5 but they kinda got drawn into reg 6.2(b). That is about price and remuneration so we lost that issue in a sense.
Why the OFT refused the help of consumer groups before the test case?
Evidence for this?
Let's wait and see what will be OFT's next move. I think then things will probably be clearer.

Not sure about that consumer groups thing. OFT usually consult with designated consumer groups and since the test case with all concerned consumer groups including MSE.

lewis1964

Stephen Hone started the Reclaiming Bank Charges Campaign back in 2004/05. He states very clearly in his website that he offered OFT help with the court case against the banks, but OFT refused.

You can check for yourself at his website, penaltycharges

lewis1964

Alpine_Star

lewis1964 wrote: »

He states very clearly in his website that he offered OFT help with the court case against the banks, but OFT refused.

You can check for yourself at his website, penaltycharges

lewis1964

I think that's out of date http://www.penaltychargesforum.co.uk/showthread.php?54693-Meeting-with-OFT-11-12-2009&p=459998#post459998