OFT Test Case... What Can I do?

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.

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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.

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Who is the winner and who’s the loser!!!

What can we do now... If anyone knows then respond