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UPDATE - consumer groups urge the OFT to continue

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  • UPDATE - consumer groups urge the OFT to continue

    CONSUMER GROUPS URGE THE OFT TO CONTINUE


    Following meetings between consumer groups, including Legal Beagles, Penalty Charges, MSE and the Office of Fair Trading last week and Money Saving Expert's announcement of today, we continue to
    strongly urge the Office of Fair Trading to continue their investigation and litigation on the relevant charging terms and the structure and fairness of personal current accounts. Additionally, we now also urge the Government, who have voiced their support of the OFT, to take action and ensure the OFT have the necessary resources to take the investigation forwards.

    The legal issues surrounding the relevant charges are extremely complicated and we have spent many hours putting together new arguments and expanding on the original arguments upon which the banks can be held to account for their past actions.

    Our priority continues to be the average consumer and we have always maintained that it would not be fair to encourage consumers to take banks to court on arguments in which we are not 100% confident.

    The Banks, the FSA, the OFT, the Courts, Government and Consumer groups are still in discussions over the way forward, and we continue to suggest that consumers with claims stayed in the County Court system sit tight until announcements have been made, possibly anytime between now and
    January.

    We understand that this is a frustrating and difficult time, especially for vulnerable and low income families, but please rest assured that we are all working very hard behind the scenes to ensure that, whatever the outcome, the average consumer will not be disadvantaged.

    It would have been
    unwise of MSE to publish updated templates today without the backing of all groups and legal counsel, and before the position of the OFT has been announced and we support MSE in that decision.

    We also support the OFT in their decision to investigate all the options carefully before making any announcement.


    The effect the next steps will have on consumers will be huge, these are covered in our report
    of our initial views which you can read here Legal Beagles This was submitted to the OFT last week.

    Everything now hinges upon the OFT making a positive decision to continue with it's investigations.

    Since the Bank Charges campaign began back in 2005 we have had a massive impact on the future of Personal Current Accounts. It has been
    overwhelmingly recognised that the previous system was unfair, did not work and penalised consumers who were most vulnerable.

    The publicity surrounding the campaign and pressure from the OF
    T and regulators has led to many of the banks changing their terms and conditions and pricing levels, towards being fairer for consumers. There is still a long way to go.

    There is a forum especially for people with cases stayed in the courts system HERE. For the latest advice on handling claims/complaints please read this post. Hardship claimants please post for advice in the Hardship Forum - Legal Beagles

    We thank everyone for their continued support and encourage any further comments you, as consumers, may have.


    MSE article from today - Bank charges round two: a new legal hope - MoneySavingExpert News
    and updated guide - Bank Charges Reclaiming: Fight unfair charges - updated after Supreme Court ruling...
    Last edited by Amethyst; 14th December 2009, 14:47:PM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

  • #2
    Re: UPDATE - consumer groups urge the OFT to continue

    A sensible and rational approach in what has been, at times, an irrational post Supreme Court debate. Keep up the good work on ALL FORUMS.
    ------------------------------- merged -------------------------------
    having read the article on MSE they are reliant on the CCA 1974 and section 140. Has any changes been made to that with the CCA 2006 and will that change with the Consumer Credit Directive 2010?
    Last edited by natweststaffmember; 14th December 2009, 13:35:PM. Reason: Automerged Doublepost

    Comment


    • #3
      Re: UPDATE - consumer groups urge the OFT to continue

      the mse announcement means jack they havent gave anyinfo on whats going to happen or what to do.

      Comment


      • #4
        Re: UPDATE - consumer groups urge the OFT to continue

        Their hardship guide is out of date on MSE since it still refers to the FSA Waiver on bank charges.

        Comment


        • #5
          Re: UPDATE - consumer groups urge the OFT to continue

          Its because they don't know. We need to get behind the OFT and push them to carry on. Everything is currently still held pending discussions with the FSA, OFT, Banks, Treasury etc.
          Theres some hearings taking place end of January in Leeds to look at the Courts side of things and others appear to be keeping stays in place until mid february.

          The advice is to do nothing unless necessary - if you hear anything from court or your bank then make a thread in the Bank Charge Claims in Courts System - next steps - Legal Beagles forum and people will be advised individually.

          Its just too dangerous a ground to go issuing new templates before counsel for the OFT, and before Ray Cox counsel for MSE and the consumer groups are happy there is anything to fight on, it would be unfair to every one.

          A lot is happening across the industry and regulators and we have to keep pushing that to get as much action as possible towards fairer banking. ( The PCA market study update is one area people can help) The future is looking better but we need the OFT behind us to get recompense for their behaviour historically.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: UPDATE - consumer groups urge the OFT to continue

            and natwest the normal template letter has not changed in the slightest?

            Comment


            • #7
              Re: UPDATE - consumer groups urge the OFT to continue

              re section 140 - yes cca 1974 as amended 2006 - its in the legal arguments guide we gave to the OFT last friday and at the meeting with them on wednesday - whcih you can read LB's initial views on the Legal Issues submitted to OFT - Legal Beagles
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: UPDATE - consumer groups urge the OFT to continue

                Originally posted by natweststaffmember View Post
                having read the article on MSE they are reliant on the CCA 1974 and section 140. Has any changes been made to that with the CCA 2006 and will that change with the Consumer Credit Directive 2010?
                Section 140 was actually added in by the CCA 2006 - MSE mean The CCA 1974 (As Amended).

                Here's a link to the amended legislation Nattie..:

                http://www.statutelaw.gov.uk/content...436428#1885337

                Not sure about the CCD, will have to have a peek.

                Sorry Ame, was typing at the same time as you!

                Comment


                • #9
                  Re: UPDATE - consumer groups urge the OFT to continue

                  Would the CCA 1974 as amended apply retrospectively ie prior to 2006 when it came in?

                  Comment


                  • #10
                    Re: UPDATE - consumer groups urge the OFT to continue

                    The full CCA 2006 provisions would only apply if the pre-April 2007 agreement still existed after April 2008. So if it was paid off before then, the old or transitional provisions would have applied.

                    Any new agreement since April 2007 is caught up by 'unfair relationship' sections I believe.

                    Comment


                    • #11
                      Re: UPDATE - consumer groups urge the OFT to continue

                      Originally posted by Centium5000 View Post
                      The full CCA 2006 provisions would only apply if the pre-April 2007 agreement still existed after April 2008. So if it was paid off before then, the old or transitional provisions would have applied.

                      Any new agreement since April 2007 is caught up by 'unfair relationship' sections I believe.
                      Then we need to have arguments for the intermittant period of time then.

                      Comment


                      • #12
                        Re: UPDATE - consumer groups urge the OFT to continue

                        The CCA 140 and UTCCR 5 are MSE's main arguments and they are aware 140 is of limited use. Ours are drafted in the document LB's initial views on the Legal Issues submitted to OFT - Legal Beagles ( PDF download Legal Beagles ) as submitted to the OFT, MSE, PC and CAG last week :-

                        1. UTCCR Reg. 5(1) – An imbalance of rights and obligations, contrary to
                        good faith, and to the detriment of the consumer.
                        2. The Misrepresentation Act 1967 or common law Mistake
                        3. The Competition Act 1998, Chapter II
                        4. Undue influence (common law)
                        5. CCA 1974 (as amended), s140A & 140B – unfair relationship
                        6. Common law penalty
                        Last edited by Amethyst; 14th December 2009, 14:59:PM.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: UPDATE - consumer groups urge the OFT to continue

                          http://timesonline.typepad.com/law/2...rges-case.html

                          Comment


                          • #14
                            Re: UPDATE - consumer groups urge the OFT to continue

                            Where am I?
                            HOME


                            Law Central - Times Online - WBLG

                            News and gossip on the UK legal sector



                            « A note to our readers | All Posts | Barlow Lyde & Gilbert replaces chief executive Clint Evans »
                            Dec 21, 2009

                            Sky News: 'OFT dropping bank charges case'

                            The OFT is dropping the bank charges case after last month's surprise defeat in the Supreme Court, Sky News is reporting, citing unnamed sources.
                            The competition regulator is due to make an announcement on its next move at 7am tomorrow. An OFT spokesman said it would not comment in advance, despite Sky News's report.
                            If the OFT does drop the case, it won’t be popular with consumer groups. Martin Lewis of MoneySavingExpert.com, one of the most vocal of those that have championed the case, said ahead of the announcement:
                            We believe the only option for the OFT, in its consumer champion role, is to keep up the fight. If the OFT pulls out, it’ll be a terrible day for justice.
                            The banks’ deep pockets, filled to a great extent with taxpayers’ money, have priced out many consumers from fighting unjust charges. The only real solution is for an institution like the OFT to battle the banks.
                            Here's a link to The Times' report on the Supreme Court's decision in November.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: UPDATE - consumer groups urge the OFT to continue

                              I'm taking this from a different article based on Sky Sources:

                              "Sky understands the OFT lawyers have decided that another legal challenge could take several years to prosecute and would probably fail, potentially costing millions of pounds."

                              If that is the case then we are going to go back to 2006-07 where consumers will test the waters and then it will go back to OFT test case again. We need to wait and see what they say but dropping the case for THEM will mean that WE will FORCE the issue again.
                              We need them to publish the legal advice they were given if they say NO because doing nothing is not an option.

                              Comment

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