OFT/FSA ruling: What do you want to know?

Former_MSE_Wendy

After the announcement by the Office of Fair Trading that it's initiating a test case in the High Court to resolve legal uncertainties on these charges we are putting together a list of Frequently Asked Questions.

Below are the questions we are aiming to have answered by Tue 31st July, if you can think of any more please reply below. The more questions we can get through now the more we'll have covered.

QUESTIONS

• What does the test case mean and what are the 'overdraft charges' that it applies to?

• How long is the test case likely to last?

• Which banks are involved in the test case and can I still claim my charges from one of the banks that is not involved in the test case?

• What should I do if my bank recently offered a reduced settlement figure and...
  I haven't accepted or declined it as yet?
  I turned it down?
  I turned it down and it credited my account anyway?
  I accepted but have not received the money as yet?
  The amount offered is not enough?

• If I accept a reduced settlement figure now, will I be able to ask for more after the test case has ended?

• What should I do if I have received a final response from my bank but they have not offered any money?

• What will happen to claims currently going through the court process...
  Where I have put in my claim but it hasn’t been acknowledged?
  Where I have already been given a court date?
  Where I have won but am waiting for the payout?

• Will court fees be refunded if a case is not heard?

• What will happen to claims currently going through the Financial Ombudsman Service?

• What should I do if I have just started my claim, will I need to start again when the test case has finished?

• What should I do if I have not started the reclaim procedure yet?

• What should I do if I have only recently received my first one or two bank charges?

• How does this affect my subject access request (SAR) for my past bank statements?

• What should I do if I live in Scotland?

• How does this affect credit card claims, if at all?

• How will the delay affect claims under the statute of limitations (charges within 6 years)?

• Will I be able to add interest for the delay to my claim once the test case is over?

• What should I do if I am reclaiming charges due to a bank error, not due to the fairness of the charges?

• What else can I do if I am living on benefits?

• What else can I do if I am currently having financial difficulties?

• Will I have to pay back any money that I have already been given?

• Will the bank stop adding charges to my account until the test case decides if they are fair?

PLEASE CLICK REPLY TO SUGGEST YOUR QUESTIONS. PLEASE ONLY PUT YOUR QUESTIONS IN THIS THREAD DO NOT DISCUSS THE ISSUES. ALL THE ANSWERS WILL GO IN THE WEEKLY E-MAIL

Hermann

We need clarification on the Hardship cases exemption so something along the lines of......

What defines a case as a Hardship case?

Does the Hardship Exemption allow individuals to continue claiming back their charges as before?

MSE_Martin

Thanks Hermann - and please all the regulars on this board - rack your brains for issues we may of missed

lindilou39

If a precedent is set and claims are in the court process do we lose our court fee and Interest claimed?

dita73

can they clarify the charges..ie it is stated that the charges being challenged are for unauthorised overdraft
but what about bounced cheques or direct debit fees?
these are charged as seperate entities on bank statements with HBOS and therefore are not classed as unauthorised overdraft?

they charge £39 for returned DD/SO
£39 for returned chq
£28 for unauthorised over draft....
and currently this is for an email not even a letter
so what needs clarifying is can you still put in a sepearate claim for DD/SO and returned cheque fees....

(Land_of)_Maz

If we have a case, should we send to the bank anyway? Do they have to acknowledge all queries they are holding and automatically begin proceedings once decision made?

kahluagirl

all of the above please and who chooses the test case?can the 1 that they choose to be the test case choose not to be it?or is it not an individual case but the banks having to justify there charges?or is the banking instituations ******** the great british public yet again?i have great sympathy for people due in court this month.31st aug i could almost smell it!!!!!!!!who would choose what a hardship case is?for OAPS,benefits,disabled,carers?

natweststaffmember

Wendy, i think the question re SAR is badly worded because as you and I know, Subject Access Request under the DPA(1998) is all data held in a relevant filing system in a bank. For NatWest that will go back to 1992. Sorry but that question is actually irrelevant with the test case pending because the bank had to provide the information prior to the campaign being widespread and will do so after it has concluded.

My questions: Will there be a suspension of court cases by BANKS AGAINST people where the majority of the debt is charges? for example, if the defence that the person is battling against the bank with is that the charges are unfair will they get a stay until the test case is heard?

Why has there not been an injunction against the banks charging during the period of the test case? If you cannot claim why can the bank charge?(it seems that the balance of fairness has not been in equal measure)

When will the case actually reach conclusion, worst case scenario?

Dakota_2

Can an injunction be obtained to at least stop the banks racking up charges in the meantime? It all seems very one-sided in the banks' favour and smells of a stich-up as Martin and CAG say they weren't consulted. I would be very interested to hear what a specialist lawyer has to say about the high handed action by the OFT.

Also will there be full disclosure of how much it actually costs the banks to bounce cheques and direct debits etc?

rockdj99uk

What happens to claims in the court process that have been acknowledged but court dates have not been set.

ssrkhawkins

Just a thought, I've been racking my brains for about 3 days and there's no way in this world I can make £4.50 into £30.00, (not leagally anyway!:p ) Don't think we've got much to worry about, just a shame it's going to take so long!:rolleyes: