Re: News from the CMC (OFT v Banks)
I of course agree with Exc. The Judge wants this sorted.
IMO opinion the Banks are too blame for all of the delays. It's in their interests for decisions to be delayed. They have now very cleverly deflected some of the blame for delays away from themslves and onto the OFT.
It's interesting that the FSA were very vocal yesterday, expressing their displeasure regarding the OFT's failure to commit to timescales for publishing the results of their investiagtion into personal Current Accounts ( This report is necessary so that Phase 2 ( hearings relating to the Fairness / Unfairness aspects ) can be planned.
Even though the Banks are appealing the Judges original judgment regarding UTCCR1999 and stated that this appeal must take priority he still wants the planning in place for the next stage ( phase 2 ).
However one can undertsand the difficulties involved for the OFT in producing this report, the completion of which depends on continued discussions with the Banks and the contents of which have to be updated each time a Bank changes it's terms and conditions.
There must also be huge reluctance on the part of the OFT to release a report whilst the Banks appeal remains unresolved. If the Banks were to win the appeal then what's the point in issuing the OFT's report.
It's all a very big chess game at the moment. The Banks currently have the upper hand with respect to timescales. Although I believe the OFT will be able to regroup and regain control.
I believe that one of the more interesting things over the next month or so ( apart from the 7th/8th July CMC to issue judgment with respect to historic and basic accounts ) will be the FSA's stance with respect to the waiver. The FSA may decide to lift the waiver if sufficient progress is not being made in the test case.
When you take into account that the Banks will obviously appeal any decision made against them at the 7/8th July CMC I personally think it will be very tough for the FSA to justify keeping the waiver in place.
Budgie
I of course agree with Exc. The Judge wants this sorted.
IMO opinion the Banks are too blame for all of the delays. It's in their interests for decisions to be delayed. They have now very cleverly deflected some of the blame for delays away from themslves and onto the OFT.
It's interesting that the FSA were very vocal yesterday, expressing their displeasure regarding the OFT's failure to commit to timescales for publishing the results of their investiagtion into personal Current Accounts ( This report is necessary so that Phase 2 ( hearings relating to the Fairness / Unfairness aspects ) can be planned.
Even though the Banks are appealing the Judges original judgment regarding UTCCR1999 and stated that this appeal must take priority he still wants the planning in place for the next stage ( phase 2 ).
However one can undertsand the difficulties involved for the OFT in producing this report, the completion of which depends on continued discussions with the Banks and the contents of which have to be updated each time a Bank changes it's terms and conditions.
There must also be huge reluctance on the part of the OFT to release a report whilst the Banks appeal remains unresolved. If the Banks were to win the appeal then what's the point in issuing the OFT's report.
It's all a very big chess game at the moment. The Banks currently have the upper hand with respect to timescales. Although I believe the OFT will be able to regroup and regain control.
I believe that one of the more interesting things over the next month or so ( apart from the 7th/8th July CMC to issue judgment with respect to historic and basic accounts ) will be the FSA's stance with respect to the waiver. The FSA may decide to lift the waiver if sufficient progress is not being made in the test case.
When you take into account that the Banks will obviously appeal any decision made against them at the 7/8th July CMC I personally think it will be very tough for the FSA to justify keeping the waiver in place.
Budgie
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