Bank Charges OFT Test Case Discussion

nickmack

charlmchaddan wrote: »

My bank has lied to me saying it sent out an offer letter which I didn't receive and they have blatently not sent out. Now the say they won't deal with my case any further until the results of the OFT test case. Does the fact they lied give me any different legal position?

You would have a hard time proving the bank were 'lying'. They may not have sent it, but equally it could have been lost/delayed in the postal system.

Also I was claiming benefits when I originally applied but am now working, does this mean I'm in the same position legally as someone who is still claiming benefits?

Unfortunately, your circumstances are considered at the time you make the court claim. This means you may be required to pay court fees should you decide to progress it.

skyliner_2

Send a letter to your MP to get this ridiculous FSA ruling overturned. The letter is being sent to;

MP's /FSA/ Financial services Consumer Panel/Gordon brown ( off the No 10 site)

Could you spread the word around this site please for everyone to download this leter and send off to the above.
You can find your MP and contact details here:
http://www.writetothem.com/?keyword=mp&creativeid=605235279&gclid=CPqInuTE1o0CFSIRQQod5ib-Zg

Let's show these 'watchdogs' sorry watchkittens, that collectivley WE have bigger teeth than them .
AND WE WILL WORK TOGETHER TO MAKE OURSELVES HEARD AND GET THIS LEGISLATION OVERTURNED, AND RECLAIM OUR RIGHT TO CHALLENGE THE BANKS!
The link to the thread and template letter is here http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver-5.html
Thank you

skyliner_2

deary65 wrote: »

No one can prevent you from wagering your law, that is an inalienable right, indeed the courts are constituted for this very reason. If this advice had any lawful weight then the banks would have to call a moratorium on charges and I cannot see this happen. Always remember it is the law which makes the decision not the OFT or the banks.

P.S I can see an other court action testing the lawfulness of the OFT decision.

Do you mean the FSA decision on the waiver?

jojo2525

I am at stage where im wtg for court date to arrive - 2nd oct 07 - with A&L as defendant. court has just now sent me copy corres from wragges saying they have applied for my case to be thrown out of court, with reason that i cashed a chq but i did say it was without prejudice etc - they say i dont have this option and i now have to go to court on 16 august to see what court decides - i thought only the claimant could stop the case?? any replies would be eagerly accepted - help!!!!!!!!!!!!!!!

skyliner_2

If the letter from the bank or banks legal representatives says that the offer is in full and final setlement, then you will have been deemed to accept this by cashing the cheque.
Saying something 'without prejudice' only means that it cannot be shown in court. Did you send a letter back saying you only accept the cheque as part payment?

hulkster1974

Hi im with the alliance and leicester i sent them a letter about 2 weeks ago requesting my bank charges plus interest i received a letter today telling me that they are not paying out anybody at the moment due to the oft ruling and i must await the outcome. Now also in the letter they state they arent one of the banks who are involved in the test case anyone know if theres anything i could do to get me charges or do i just have to wait!!!???

jojo2525

Hi Skyliner,
Yes - ive sent 2 letters back to wragges and copied in the court but they are saying i need to attend on 16 aug - doesnt look good - does it? only hope is why give me a court date for proper hearing on 2nd oct aswell??

skyliner_2

All the banks involved in the test case have a waiver that allows them stop processing charge claims. The banks who are not in the test case can aply to the FSA for a waiver and they will be granted one.
Continue with your claim and then after 14 days after your LBA, issue a county court summons. No doubt the bank will apply for a stay on the case until the result of the test case, but at least you will have secured your 6 yrs
You will also get 8% interest on your money whilst the test case is ongoing, something that no bank account can give you !

skyliner_2

jojo2525 wrote: »

Hi Skyliner,
Yes - ive sent 2 letters back to wragges and copied in the court but they are saying i need to attend on 16 aug - doesnt look good - does it? only hope is why give me a court date for proper hearing on 2nd oct aswell??

What did you say in your letters? What kind of hearing is it on 16 Aug ? Full/directions?
You shouldn't have really cashed the cheque. How much is your claim for? How much was the cheque for?

Did their letter say in full and final settlement?

deary65

skyliner wrote: »

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Do you mean the FSA decision on the waiver?

Could you be more specific in what you are asking.


This is the legal framework with in which you act: the OFT is statutory incorporated, in law it is a private legal person,( they form no part of ministerial government) the banks are a corporation, a person in law. One private person has asked an other private person to suspend their right to wager their law, if they agree that's fine, but that agreement does not concern you, in other words this agreement is between the the OFT and the banks to which you are not a party. I would therefore file your claim and insist that you have a hearing in court, if the banks fail to co-operate make quit clear that you are not a party to their agreement with the OFT.


I suspect there is some kind of face saving going on behind the scenes, some kind of compromise because they have got themselves into a legal mess on this one.