Stop Press - View On Oft/bank Announcement

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”. :rotfl:

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?!

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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's 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!!!

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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 internet based (Fast Track) 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 the loser is yep... YOU!!!

vlasta75

That explains why we have so many cases STAYED. Can't believe the banks fund the FSA and FOS, shocking! What a scam!

:mad:

kevinc1

Dear All,

i went to court today and as expected the bank (Abbey) turned up and requested a stay which was granted. However I just wanted to let everyone who is due to go to court know, that the judge was very sympathetic to the consumers, said he thought the banks had "acted deplorabley" and that "reluctantly" he agreed to the stay.

Yes it is nerve racking but it is definatetely worth going unless you have heard FROM THE COURT (Not the bank!!!) that your case has been stayed.

I was also awarded loss of earnings from the judge because I had to take the afternoon off, despite objections from the bank which I see as another indication that the judge was sympathetic.

Another interesting point is that the solicitor on the 9th Jan 08 and will be settled within 8 days of it starting. (appeals not withstanding of course)- Not sure if this was his way of getting my to agree to the stay but its an interesting piece of information anyway.

Thanks to martin and everyone on this site who has offered some great information and advice over the last few months.

DONT GIVE UP ALL - WE CERTAINLY HAVENT LOST THE WAR!

KEV
X

lids_2001

i emailed the financial ombudsman on the 28th July, they have just replied:

I hope you can answer this question for me.

I have previously claimed over £3000 back from HSBC by going via the county courts. I have just spent the last two weeks sorting through my and my partners other bank accounts. I now have three separate claims for approximately £3000 each. If you are no longer going to investigate claims and the banks are going to suspend claims, how will this effect the limitations act and the 6 year time period. surely we should be allowed to register a complaint, so that the 6 year constant will not come into force.

I also note that you will investigate if people have financial hardship, I have been forced into a DMP and a managed loan, does this count as financial hardship?


Thank you for your email. I believe that the Statute of limitations act will still apply. You would need to get legal advice regarding this. Before you check the legalities it might be worth getting your complaints registered with the firms as soon as possible, this would soften the blow if the limitations act does apply.

With regard to the hardship issue we are not looking at people who are on a DMP unless they are on benefits as well.

I hope that this has answered your queries.

We need to think about the 6yr limitation act, how does this affect us?

=kev=

how long is it likely to be before the courts have decided what to do? are we talking months or years?

DIRTY_CASH

The waiver is under review at the end of September so lets hope that the powers that be see this waiver for what it is and do the right thing and lift it so all current claimants can be refunded.
The worst case scenario is that it gets through to courts, the test case runs its course, any unfavourable judgement against the bank gets appealed, this sits on ice for an age until the appeals process takes place. This then has to run its course before it goes to the big boys to enforce. Could potentialy take an age....maybe a year or two etc...
HOWEVER Martin & the team believe its unlikely to happen. From what I have read on this site an others the banks already on the back foot as they have been paying out so far plus the Unfair terms and Conditions in the Consumer Act clearly declaring extortionate charges being unlawful...etc there is a whole wedge of excellent info here in the reclaims section and through the forums. Theres too much for me to list!
Please don't be too downhearted... stick with us in the forums. If you can find the link here about signing the potition to the Prime Minister, please do so and there is even a thread about contacting your MP. The campaign goes on..

=kev=

Thanks for that. I have already signed the petition a while back

Elise1309

I started legal proceedings against Lloyds using MoneyClaim online and received notification that the bank had entered the standard defence (with about 2 days to go before judgement would have been awarded).

On logging into the Moneyclaim website, I then received an update telling me that since the bank had entered a defence, my case would now be referrred onto a local court.

However, just a day or two later, I got a letter telling me the case had been stayed. The stay itself wasn't a surprise (and I am appealing it) but what seemed odd was that the stay had been awarded by the original Northampton court who process the online claims - in other words it hadn't been forwarded onto my local court as it should have been once the defence was entered.

Am I right in thinking this is a clerical error? Should the case automatically have been referred onto my local court, and then they make a decison on whether or not the banks request for a stay is granted? I'm very confused?!

piggeh

When I went to my defence of a speeding charge back in March, I asked for a stay pending the outcome of the O'Halloran case at the ECHR. I was told at the time that they do not stay cases pending the outcome of future trials. So my speeding case had to proceed. How is this different? If my local mags took that decision over speeding, should they apply the same consistency over this?

Stokey125

piggeh wrote: »

When I went to my defence of a speeding charge back in March, I asked for a stay pending the outcome of the O'Halloran case at the ECHR. I was told at the time that they do not stay cases pending the outcome of future trials. So my speeding case had to proceed. How is this different? If my local mags took that decision over speeding, should they apply the same consistency over this?

Unfortauntely the civil and criminal courts do not operate in the same way and have different rules.