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pania

Hi there. I am currently reclaiming charges incurred as a part of the banks error. they neglected to cancel my direct debits although being requested three times amounting to over a thousand pounds in charges. They are dealing with it as a charges reclaim which i have disputed is inaccurate as i am complaining about the banks error. Would this also be excluded should the test case be won by the banks at court or would i still have grounds to pursue it? I don't seem to be able to get anyone to realise this is a complaint about an error not a complaint about the charges, i just want back what is rightfully owed to me.
Thanks

AuntyJean

ombudsman agrees that High Court "test case" is necessary - to settle legal uncertainty on unauthorised overdraft charges
26 July 2007
In light of the agreement announced today between the Office of Fair Trading (OFT) and a number of representative banks - to take a "test case" to the High Court about unauthorised overdraft charges - the ombudsman service has confirmed it will put on hold its own work on complaints about these charges, pending the outcome of the legal proceedings.
The law is one of the issues that the ombudsman has to take into account when making decisions on individual cases - and this important "test case" involving OFT and the banks is expected to give vital clarity on the key issues of law involved in disputes about unauthorised overdraft charges.
Responding to the news about the proposed High Court "test case", Tony Boorman, principal ombudsman, said today:

• "This year the ombudsman service has been dealing with tens of thousands of enquiries and complaints about bank charges - and county courts across the UK have similarly been coping with significant volumes of bank-charge claims."
  "In the cases that the ombudsman service has settled so far, all disputed unauthorised overdraft charges have been repaid - but on a voluntary "goodwill" basis, without the ombudsman reaching the stage of investigating the merits of the legal issues. Meanwhile, cases heard in the county courts have so far resulted in a range of outcomes - with inconsistent and unpredictable judgments and no clear legal precedent being set."
  "So it's in the interests of everyone involved - consumers with current accounts, the courts, the banks and other current-account providers - that the High Court "test case" announced today should settle the legal uncertainties relating to the level, fairness and lawfulness of unauthorised overdraft charges."
  "We agree that it's also in the general interest for the ombudsman service to suspend its own work on complaints about unauthorised overdraft charges, while waiting for the High Court to make a decision on the significant legal issues involved."

It is expected that the decision by the ombudsman service to suspend further work on complaints about unauthorised overdraft charges will be reflected by a similar response by the county courts. For the county courts and the ombudsman service, the High Court "test case" should mean that very significant volumes of cases can be managed in a fair, cost-effective and orderly way. The ombudsman service's decision to put complaints on hold - while the key legal questions are answered - does not affect consumers' ability to bring complaints to the ombudsman about other banking-related problems, including financial difficulty or hardship.
To help with the fair and orderly management of consumer complaints about unauthorised overdraft charges, the Financial Services Authority (FSA) has announced today that banks and other current-account providers can also put cases on hold, pending the "test case" decision. Once the law has been clarified, it should then be possible for these cases to be settled in line with what the High Court decides.
There is more information about how today's "test case" announcement affects complaints to the ombudsman service in the ombudsman's consumer factsheet on unauthorised overdraft charges:
http://www.financial-ombudsman.org.uk/faq/bank-charges.html

Nic-b-c_2

Hi
Just a quick question with the ruling yesterday putting things on hold.
We recieved a settlement letter on Tuesday (this week) which we sent back the same day accepting the value stated, will the bank Natwest still pay the money to us as they should have receved the acceptance letter Wednesday/Thursday. I am really worried as it was £2500!

Nicola
xxx

bigbadbri

If the OFT wins this case, i would assume that all complaints would be dealt with first? Anyone know what will happen to the cases in court, ie if we will still be able to claim interest if we get a favourable decision? And will this decision be made today or is it gonna drag on for a bit?

Thanks

littlegoldfishie

Does anyone have the full list of banks that are involved within the court case?
I'm gutted, I only got round to sending off my demand for money back last week. Ah well serves me right, I should have moved quicker........

nickmack

Please see the following links for information, they should answer many of your questions:

http://www.financial-ombudsman.org.u...-26-07-07.html
http://www.oft.gov.uk/advice_and_res...dies/personal2
http://www.financial-ombudsman.org.u...quickguide.pdf

maz47

my daughter sent clydesdale bank 10 pounds in march and still not received statements if it is decided the banks are not liable for repayment of charges will we have a case against them for taking money under false pretences. The Clydesdale is a dreadful company and I could tell you horror stories about lost wills, money paid to wrong accounts etc. Good luck in all you do.

Casadeora

littlegoldfishie wrote: »

Does anyone have the full list of banks that are involved within the court case?
I'm gutted, I only got round to sending off my demand for money back last week. Ah well serves me right, I should have moved quicker........

According to
http://www.oft.gov.uk/advice_and_resources/resource_base/market-studies/personal2

These are listed as being involved

• Abbey National plc
• Barclays Bank plc
• Clydesdale Bank plc
• HBOS plc
• HSBC Bank plc
• Lloyds TSB Bank plc
• Nationwide Building Society
• Royal Bank of Scotland Group plc

Just about the LOT then,

helsbels81

On the list of banks involved in the OFT test case Natwest is not there, but it is owned by bank of Scotland. So does this mean that I can still claim form Natwest or not?

KT-K

Hi
Like thousands of other people, I too was getting so close to at last being able to post my success story, and after watching TV this morning I truely feel sick!!
However, as a consumer, I too want some questions answered...
My brief story, reclaiming charges from Barclays for over £4K. My case got transferred to my local court, and I am awaiting further direction from the local judge. When I called last week for update, I was told that I should receive further instructions this week. I guess this won't happen now!

1. Who will be liable for court fees that have already been paid out? Will this also be another cost to the consumer!

2. My case (and I am sure like many others) means that the £4K charges added to my account have now left me £1400 overdrawn. Until now, I have been refusing to repay this amount, until my claim had been resolved. As the banks are now putting all their complaints on hold, does this mean that I can put my account on hold and not repay any monies or additional interest until the High Court has made it's ruling! (Luckily, I have openend and now using a different bank account) Also does anyone know how Barclays can also get away with adding charges the same day you may go £1.00 in the red, without giving notice!

3. Surely, as no ruling has been made yet, with claims that are already in the court system should they not be looked at and if possible resolved asap?

Martin, you truely deserve a medal, and a HUGE thank you for what you have done and acheived so far, and I am sure that you will keep fighting for us the humble consumers...:T :A