Bank Charges Test Case Article discussion

natweststaffmember

slim_shady123 wrote: »

hi before i post on this site i will tell you that for posting on another site i can no longer post but i do log in and see the developments in this so called test case and we all have opinions and mine is we have waited that long and it seems we still have a long wait to come and the small latch that we needed to lift that is what martin said on tv it seems the door has gotten reinforced and has numerous locks on it as alot of people are saying we are only halfway their as now if the judgment comes back what we know is correct anyways well then the second part of the test case kicks in ie what is a fair charge so now it will have took3 years to descide that the oft can descide what a fair charge is but they cant because we now go through the courts to descide that and how long will that take if the banks lawyers all appeal there every descision ? is there a way to protest to the fsa that we as consumers will no longer stand for these waivers and we should be aloud to see justice done through the court system that banks have to show their charges as fair not against the oft but consumers themselves?

How do you get the banks to set their charges as fair without a legal decision?
The FSA Waiver is because there is no legal certainty in the case. Are you aware that the OFT can take out an injunction against the terms that cause the charges in the same way that they argued in the OFT v. Foxtons. which has strange similarities with the current OFT test case;
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2009/1681.html&query=OFT+and+V+and+FOXTONS&method=boolean

An injunction against the charges will in my opinion hasten the likelihood of a quicker decision so whilst, for some it may appear as though the banks are winning the case with regards to not stopping the charges, the fact is that the OFT are winning in court and the next step could well be an injunction against the charges should the Banks' appeal fail. They cannot appeal to the ECJ since ONLY the Supreme Court can refer it to the ECJ on a matter of law.

slim_shady123

if the banks fail and the oft can descide what a fair charge is do you or any1 else believe they will force an injunction on the banks charges ? me no because the next lot of court descisions are about what the true or fair costs should be lol? so it goes somthing like this as our justice system is a luaghing stock we get a descision 19th of november then they have maybe another date set up in say march 2010 for the first hearing on what a true fair charge should be then we wait till when the courts come back from their enormous breaks say end of oct then they have the right to appeal which will take another 3 months into jan/feb 2011 then take it to appeal court then house of lords etc........... when will this drag out court system end ?

JulieAnne

Just registered this morning to ask a question, my daughter without an overdraft facility in place had a D/D returned on her account. This account was dormant, she had not used it for sometime. the D/D was less than £25. a D/D that she had completely overlooked as it was quarterly. Obviously the account went overdrawn without an overdraft facility being in place and yesterday she received a phone call from Nat West demanding that she repay the unauthorised overdraft of £540.00 starting immeditely by repaying £90 by 11th November 2009. My daughter who is 19 doesn't have regular work and is completely shocked and upset by this action and the attitude of the guy who called her. They have told her another charge of £90 will be applied next week. Any suggestions what she should do now? Thank you.

orc_2

Unfortunately, no date is yet set.

19 November is speculation as no hearings are currently scheduled for that date. Likewise, there are one or two other days before xmas with no hearings.

The hearings schedule can be checked at the Supreme Court. I phoned them yesterday and they advised to keep checking as they had no further information..

RedBern

JulieAnne wrote: »

Just registered this morning to ask a question, my daughter without an overdraft facility in place had a D/D returned on her account. This account was dormant, she had not used it for sometime. the D/D was less than £25. a D/D that she had completely overlooked as it was quarterly. Obviously the account went overdrawn without an overdraft facility being in place and yesterday she received a phone call from Nat West demanding that she repay the unauthorised overdraft of £540.00 starting immeditely by repaying £90 by 11th November 2009. My daughter who is 19 doesn't have regular work and is completely shocked and upset by this action and the attitude of the guy who called her. They have told her another charge of £90 will be applied next week. Any suggestions what she should do now? Thank you.

You're probably better starting a new thread with this - it will get lost in the discussion!

natweststaffmember

slim_shady123 wrote: »

if the banks fail and the oft can descide what a fair charge is do you or any1 else believe they will force an injunction on the banks charges ? me no because the next lot of court descisions are about what the true or fair costs should be lol? so it goes somthing like this as our justice system is a luaghing stock we get a descision 19th of november then they have maybe another date set up in say march 2010 for the first hearing on what a true fair charge should be then we wait till when the courts come back from their enormous breaks say end of oct then they have the right to appeal which will take another 3 months into jan/feb 2011 then take it to appeal court then house of lords etc........... when will this drag out court system end ?

The OFT cannot decide a fair charge. If you OFT842 in credit card charges and point 1.14, they can ask for voluntary compliance but since the next part is narrowed down to 3 banks, LloydsTSB, HSBC and Nationwide I doubt they will give that which would lead and should lead to injunctions being taken.
Currently the Supreme Court are saying whether the terms that cause the charges can be assessed for fairness. We have to have patience whether we like the length of time or not because the result will be worth the wait.

mcmac

nat west can you look and see what advice you can give me on this link

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/231826-car-repair-gone-wrong.html#post2570240

nothing to do with banks but u seem clued up

natweststaffmember

mcmac wrote: »

nat west can you look and see what advice you can give me on this link

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/231826-car-repair-gone-wrong.html#post2570240

nothing to do with banks but u seem clued up

It's kind of you to say that but unfortunately, it is bank charges that I am really clued up on. I think there is a general consumer part of the site here that may offer you better advice than I can give.

PhiltheBear

JulieAnne wrote: »

Just registered this morning to ask a question, my daughter without an overdraft facility in place had a D/D returned on her account. This account was dormant, she had not used it for sometime. the D/D was less than £25. a D/D that she had completely overlooked as it was quarterly. Obviously the account went overdrawn without an overdraft facility being in place and yesterday she received a phone call from Nat West demanding that she repay the unauthorised overdraft of £540.00 starting immeditely by repaying £90 by 11th November 2009. My daughter who is 19 doesn't have regular work and is completely shocked and upset by this action and the attitude of the guy who called her. They have told her another charge of £90 will be applied next week. Any suggestions what she should do now? Thank you.

I don't quite understand. You said a) the account is dormant, b) the DD (less than 25) was bounced and c) they asked for repayment of an unauthorised overdraft of £540 with no overdraft facility. If there was no facility then how was £540 arrived at? You said that the DD caused the account to go overdrawn. It doesn't make any sense to me at all.

pingchris

gorden brown gave the banks in the last ten days £60 billion pounds,im hoping that is some of ours,are they getting ready to pay,or am i being very very hopefull.