Stop Press - View On Oft/bank Announcement

HAVEFAITH

Hi,

Apologies in advance if this has already been discussed. My questions is:

Can we still claim on Credit Cards and not Bank Accounts at this time? I would like advice here please? :question::question:

huggychair

zzzLazyDaisy wrote: »

Re Time limits - limitation of actions means that you must start court proceedings within 6 years of the wrongful charge. Each charge is a separate issue, so even if one of your charges falls outside the limit due to delay in starting the court proceedings, you can still proceed with the later ones.

The only way to protect claims from falling outside the limit is to start court proceedings. Once proceedings are started, the 6 year limit is irrelevant. So if you wish to protect your right to go to court, the best thing to do is to make the claim and let the courts put it on hold pending the test cases.

Also, if the test cases eventually go against the banks, everyone with cases in the system would be entitled to apply for summary judgement (ie without the need for presenting the full case at a hearing) on the basis that the bank's case has no prospect of success.

If the court case goes against the banks, there will be a huge backlog of both old claims and new claims. If the claim is already in the court system, the banks are going to payout much more quickly on court judgements than on random claims within the system

An eventual outcome of this case could be a phased 'reclaim' of compensation based on the previous high profile/high court case based on miners (who were exposed to asbestos during an institutional mistake) getting comphensation (should they be alive!!) in a timely fashion.

Surley it's not asking TOO much for the court to adopt the climate of 00's United Kingdom v 1940's?

Ordering ALL charges to be automatically refunded in a systematical fashion (well publicised) would be the only full-trust way ahead!!

HAVEFAITH

Another question guys:

Does this test only apply to the banks that have got together ... i.e. the big four + the others. My bank is not one of these. Any one know please???

ellieoo

If MSE and CAG could pressure OFT, FSA etc to get the disputed charges suspended pending the outcome of the test case, this will give the banks the incentive to proceed in a brisk fashion because they will be losing money. However as a judge said to my father when he demanded justice "good lord!, the law is not interested in justice - the law is only interested in the law"; I feel the banks will continue you to make obscene amounts of profits by stealing our money and financing their legal bills for the test case. As they say "you couldn,t make it up" I (hopefully) am one of the lucky ones who has received notification of 2 offers from the FSO earlier this week which I accepted, however the dairy is taken off this by the thought of all those who had such high hopes of seeing THEIR money refunded to them before Christmas and how they must be feeling today. I will keep signing petitions or joining campaigns to keep the fight going for these guys.

huggychair

HAVEFAITH wrote: »

Another question guys:

Does this test only apply to the banks that have got together ... i.e. the big four + the others. My bank is not one of these. Any one know please???

The larger institutions tend to set the rules, the smaller ones (do their own thing) but do follow.

twangy_2

OK, so given that everything is suspended, does that mean the banks can't make new charges either until there's a resolution. That would seem completely fair and I need to know because I've just got a £39-er from Halifax this morning.

JamesL_2

We refused £1165 in june 07 claiming for £2800 including interest. Last week in the post the bank finds the claim defective on the grounds of discrepancy between the amount cited in the particulars of the claim and the amount claimed! Now the claim may be striked out or a summary. 14 days to amend the claim 23/7/7. Why did the bank pay out in the first place, is this scary words?

alphahurricane

mikeyboiuk wrote: »

sounds like we've been well and truly screwed by the OFT and FSA. I have a court date for September, I guess that is going to be kissed goodbye. The next thing is how to reclaim the court fee for a case that is no longer going to happen.

These people are in the Banks pockets and its unlikely there will be any judgement on this subject for many months. The legal system in this country is not very rapid at the best of times.

Oh well guess I will have to go back to working more overtime again

mike

I have a court date for end of August, What I did was to phone the Local Court and ask them what to do.

The answer was"we have had no instruction so far", so if you have all your evidence (Court bundle) carry on until you hear otherwise and send it in to the court.

trippy

Am I right in thinking that once Martin has looked into this some more, he'll give us specific advice for the step we are at in the process?

I have just had a letter back from A&L telling me to go away and leave them alone. I had drafted the reply threatening court but wonder if it's worth it as they only have one option now which is to send me a holding letter pending the test case ruling. Surely the OFT test case ruling will then dictate what to do:
- If they rule in the banks' favour then there's no need to take the bank to court
-If they rule in the consumer's favour, the banks will have to pay out without being taken to court.

Or am I missing something vital?

sargentusuk

i think that even if it not classed as a breach of the unfair terms in consumer contract regulations we could still apply it is a fine for doing something wrong and if this is the case everyone should turn to the bill of rights act 1689 and still complain - i also think if free banking is abolished - this could be illegal as the banks have said they are going to introduce them if charges are cut in price.


if we win and the price is brought down to say £12 we could still say it is illegal under the bill of rights act as they can't fine outside court.


so i think it may not resolve it