CLAIMING BANK CHARGES BACK – GUIDE TO FINANCIAL HARDSHIP February 2009 With the waiver on bank charges complaints remaining on hold for the foreseeable future and with the banks continuing to unfairly overcharge many of their customers, along with the general recession, more and more people are falling into hardship.…

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62008CJ0243:EN:HTML Pannon GSM Zrt. v Erzsébet Sustikné Győrfi (C-243/08). 1.        Article 6(1) of Council Directive 93/13 on unfair terms in consumer contracts must be interpreted as meaning that an unfair contract term is not binding on the consumer, and it is not necessary, in that regard, for that consumer to have…

Day 13 Robin Dicker continued with the bank’s reply on Plain Intelligible Language and again Justice Smith raised the subject of small or feint text. ‘’Is this part of the language?’’ and Dicker said that ‘’if you can’t physically read it, it doesn’t mean it’s not in plain intelligible language’’.…

Day 12 Rabinowitz kicked off by replying to the OFT’s ‘’narrow interpretation’ of the concept of ‘service’ in which the regulation 62b talks about goods and services supplied in exchange for a price. He said that ‘service’ should be understood in a wider context as in the European meaning. He…

Day 10 Before going through each of the banks terms and conditions Brian Doctor started by clarifying some points from yesterday. He asked the judge to read a section of the court transcript from day 6 where Vos – unlike the rest of the banks – submitted that Nationwide’s contract…

Day 9 The OFTs Brian Doctor picked up where he left off yesterday on the interpretation and the interpretations of interpretations of the all important meaning of ‘the main subject matter ‘ referred to in section 62b of UTCCR. ‘’We must adopt the typical consumers’ view of what the main…

Day 8 QC for the OFT Brian Doctor, a big man with a strong voice began setting out his case. He started out by saying the OFT’s uncompleted investigation into overdraft charges and the whole retail banking market was it’s duty in response to the ‘’numerous complaints it had received’’…

Day 6 For the second time I arrived at the hearing to find it well underway before the time the judge said it would start yesterday. HSBCs lead QC was just finishing his submission and I missed his answers to the under 18s questions he couldn’t answer yesterday.