Stop Press - View On Oft/bank Announcement

leopold

I finally got my act together, bit the bullet and sent in my complaint about charges (for about £1100) and I got a lovely letter from my bank advising of this test case. If I'd not prevaricated I'd be home free by now. Curses! :mad:

The letter was all very polite and conciliatory, but I could see the look of glee on the management's faces at being able to take the high road: "Oh, we can see how unhappy you are, but we can't do anything because of this pesky test case stopping us. Poor us, we want to help but the courts are just so cruel."

And in my next letter from them I was advised of a further £150 worth of charges for the month. Cheers! Very kind of you to be so charming about my complaint about your never ending barrage of charges thrusting me further into debt, only to thrust me still further into said debt with the same barrage I complained about!

I've signed the petition. I think it's scandalous that the banks are using this test case to dishonour these claims and yet still continue with their nefarious charging regime. I'm now stuck in a tricky position as these accumulated charges now leave me too far short on my salary to recover, meaning I still have to go overdrawn and suffer the charges again the following month.

So my plan is to reply and ask that they cease and desist with these damn charges until the case is over. Any chance we'll be seeing a standard letter to the bank advising them to call off their hounds? Or does anyone have any advice on what would be best to put in a letter?

gunnapaul2

My claim is due for court on the 11th september, I hope it still goes ahead as I have already verbally rejected Barclays partial offer. Thing is, I got scared and sent the reply slip off accepting the offer when i heard about this test case but its too late as i already rejected the offer.

I just hope it still goes to court and my case will be good enough to win.

kevinc1

Dear All,

Would really appreciate some advce. My bank charges case is due to be heard tomorrow despite the OFT case. It is with the Abbey and I was wondering if anyone had had a court case heard with the Abbey since the OFT announcement. Croydon court have said they are not automatically staying cases but I am assuming the bank will ask for one tomorrow. If anyone has any helpful hints on how to deal with the case then i would be eternally grateful, I am starting to get nervous as i never thought id have to go to court.

Thanks all

kevx

Stokey125

kevinc1 wrote: »

Dear All,

Would really appreciate some advce. My bank charges case is due to be heard tomorrow despite the OFT case. It is with the Abbey and I was wondering if anyone had had a court case heard with the Abbey since the OFT announcement. Croydon court have said they are not automatically staying cases but I am assuming the bank will ask for one tomorrow. If anyone has any helpful hints on how to deal with the case then i would be eternally grateful, I am starting to get nervous as i never thought id have to go to court.

Thanks all

kevx

There are a number of threads with arguments against a stay being imposed you mght wish to read them. Also make sure you have fully prepared your case and kow what you are going to say and make sure you bring all your papers including any from Abbey.

crazy-dude

The Office of Fair Trading, has, finally decided to pursue banks and building societies through the high court for unfair bank charges as they breach the “Unfair Terms in Consumer Regulations 1999” (‘UTCCRs’) They claim quote “Tens of thousands of complaints that unauthorised overdraft charges and returned item fees on current accounts are unfair have been received by the county courts and the Financial Ombudsman Service. The banks do not accept that the legal test of unfairness set out in unfair contract terms legislation applies to the charges”.

Well my first reaction was similar to most… Fantastic… But then when I thought about it my reaction was different… Let me enlighten you and hopefully your see the same as what I have sensed.

Under our “Civil Rights” which are also set along side our “European Rights” we our all entitled to raise / launch court hearings that will conclude within a reasonable time scale.
This “Test Case” launched by the OFT in July 2007 hasn’t stopped anyone from launching a new claim in court, BUT, the banks have moved quickly to ask for the court to “Stay” cases. This like freezing a case until the outcome of the “Test Case” as this will clarify this point of law and benefit everyone.
<O:p</O:p
What about the “Financial Service Authority” (FSA) and the “Financial Ombudsman Service” (FOS) surely they are there to help… NO… They have granted a “Wavier” to all banks which allow them to freeze these complaints again until this “Test Case’ has concluded. Shockingly this was decided as a point of law… Which if you can understand what I explained in our “Civil Rights” it strange to understand.
<O:p</O:p
However, it should be made clear that both FSA and FOS organisations are impartial, though, they are funded by the same financial institutes who are being pursued for unlawful bank charges!!! This is most shocking as now the banks are informing outstanding cases of these decisions by the FSA and FOS at the same time pointing out any new court cases that are launched would lead to the banks applying for a “Stay”. They also explain that they don’t know how long this “Test Case” will take but you can apply for speedier outcome under Hardship… Which is also none proven on what level of hardship needs to be “isn’t hardship having money taken from you over many years, then, when you ask for it back, only to be told to wait a while… But, nobody knows how long you need to wait” It’s amazing!!!
<O:p</O:p
What is also very unfair is up to now the banks have either done nothing when claims where filed through the small claims court or only slightly defended and then settled before judgement. This is what these small claims are for, they, are available to individuals who believe money is owed to them. Money Claim Online, which, is part of Northampton</ST1:p(HMCS) Her Majesties Court Services, this is an internet based they have now suspended new claims like many other courts. Small claims victories or defeats do not have any legal president it was intended for the purpose which many people launched claims against the banks… Now, this Civil Right is no longer available at the present time.
<O:p</O:p
Who is the winner and who’s the loser!!! Guess who YOU!!! <O:p</O:p

lil_redhead

I am one of the ones who sent in the 1st letter totalling the charges, then a 2nd threatening court to then get a standard letter back from HSBC advising of the OFT.

My charges go back the whole 6 years...

Now do I:-

1/ Send a letter to the FOS?

or

2/ Do I go to court?

From a very confused lil redhead! x

crazy-dude

lil_redhead wrote: »

I am one of the ones who sent in the 1st letter totalling the charges, then a 2nd threatening court to then get a standard letter back from HSBC advising of the OFT.

My charges go back the whole 6 years...

Now do I:-

1/ Send a letter to the FOS?

or

2/ Do I go to court?

From a very confused lil redhead! x

You can go to court or through the FOS on the grounds of Hardship!:j

agnes_2

crazy-dude wrote: »

The Office of Fair Trading, has, finally decided to pursue banks and building societies through the high court for unfair bank charges as they breach the “Unfair Terms in Consumer Regulations 1999” (‘UTCCRs’) They claim quote “Tens of thousands of complaints that unauthorised overdraft charges and returned item fees on current accounts are unfair have been received by the county courts and the Financial Ombudsman Service. The banks do not accept that the legal test of unfairness set out in unfair contract terms legislation applies to the charges”. fficeffice"
Hi ( I have abbreviated your quote just for space) I agree and have been trying to understand why they can do this! As I keep repeating we (who I call the Cardiff carve up) 14th August, between 500-600 claimants were transferred from many courts all over South Wales to the same date and time 10.30am I had my claim transferred from Northampton to Newport and had the Banks not persisted in playing their games the case would have been heard, and so would the others but by delaying tactics transferring them all and placing a blanket stay they have in effect worsened the situation. It will be impossible to ever hear the huge backlog of cases.
I honestly think we should do more about this What about our human rights !!! we hear enough all the time about tax payers money being spent on human rights cases

I have just read this in Saturday Mail
A BANK has been stopped from levvying charges on a customer for an unauthorised overdraft. A judge ruled that Barclays should not impose further penalties on Nadine Fry until after a ruling to decide if such charges are legal. The decision cam at Luton County Court last week as Miss Fry tried to reclaim money previously taken from her account in penalty fees. her case will now wait until a test case due in the High Court early next year This has been brought by the Office of fair trading over the handling of complaints at bank charges. Thousands of account holders have reclaimed cash taken in fees that many say are unfair.

The OFT and FOS may be taking the banks to court, but they are also being manipulated by agreeing to the waiver and the stays. this is not impartial this is not fair on the claimants.

agnes_2

Hello agian I wonder if anyone on here has written to the MOR (Master of Rolls) with objections to the Staying especially the blanket stay and all the other relevant complaints above? Also to your MPs? I think it is only if thousands of people get letters into the government somehow or the other, because it is the only way to get any of these shocking conditions of
co-ersion between Banks, Courts, OFT FSA FOS. Surely we can do something!!

crazy-dude

Hi Agnes

I worked hard to understand and, to be clear as well as impartial when the OFT launched into this TEST CASE... I'm not sure all round who other than the banks benefit from this latest court action.

The FSA only give guidance to claimants on how to complain... Yet they are quoted in letters from banks... That is Totally strange.

The FOS takes on cases as an alternative to taking court action... There decision to WAVIER is so damaging...

NOTE... I have made serious complaints in writing about FSA and FOS about there process to WAVIER. I believe they have failed to be impartial... I would like to pursue them through the courts about how they came to this decision... They are big guns because they CAN NOT be challenged!!!

If you are a "Judge" browsing... HELP US!!! Or if you have knowledge on how to fund a case through the courts on the grounds that a breach of our "Human Rights" which is clearly been broken by FSA / FOS then speak up.

P.S The opening section is where the breach has occurred in first instance.

:rotfl: