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Consumer to Appeal Bank Charges Ruling – even though he won !
Consumer to Appeal Bank Charges Ruling – even though he won !
Category: Latest News
Lloyds Bank in Taunton
Last month LegalBEAGLES announced the first bank charges victory in court since 2007 in the case of our member Oliver Foster-Burnell against Lloyds TSB in Taunton County Court where Deputy District Judge Stockdale held that the price variation clauses in the claimant’s current account were contrary to the requirement of good faith under 5.1 of the Unfair Terms in Consumer Contracts Regulations (UTCCR) 1999 and as such, unfair.
The court ordered Lloyds TSB to repay Mr Foster-Burnell £743 in overdraft charges and pay an additional £1000 for the subsequent incorrect default entry to his credit file.
Article http://legalbeagles.info/beagle-wins-bank-charge-case/
Judgment http://legalbeagles.info/judgment-fo…-bank-charges/
Today we can announce that Mr Foster-Burnell’s solicitors, Howlett Clarke of Brighton, have filed an appeal application to the part of the judgment that restricts the application of the unfairness of the terms to just his contract. The question for the court will be whether the term is unfair, and not whether the term has been unfairly applied to a specific consumer.
Mr Oliver Foster-Burnell
The claimant will argue that the United Kingdom is under a duty to ensure that “adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers”, as laid down by Article 7 of Directive 93/13/EEC on unfair terms in consumer contracts and that a judgment that a term is unfair is binding as to its effect on any contract between the seller or supplier concerned and all consumers who have a contract based on those same general business conditions, irrespective of whether those consumers were a party to the proceedings or not.
Clearly this is an important issue in the case of all bank charges and more widely the scope of terms found to be unfair under UTCCR in general.
As the judgment was made by a district judge the appeal application goes to a circuit judge at the same court. If the application is refused the claimant intends to seek leave to appeal directly to the Court of Appeal where a decision or any further appeal becomes binding.
We understand that at this point Lloyds have not filed an appeal to any part of the judgment. The deadline for appeals is 4pm today.
BBC Radio 5 Live will be featuring the case at around 12.15 today and will be speaking to the claimant, Oliver Foster-Burnell, his legal representative Kate Briscoe and money saving expert & bank charges campaigner Martin Lewis.
More...
Category: Latest News
Lloyds Bank in TauntonLast month LegalBEAGLES announced the first bank charges victory in court since 2007 in the case of our member Oliver Foster-Burnell against Lloyds TSB in Taunton County Court where Deputy District Judge Stockdale held that the price variation clauses in the claimant’s current account were contrary to the requirement of good faith under 5.1 of the Unfair Terms in Consumer Contracts Regulations (UTCCR) 1999 and as such, unfair.
The court ordered Lloyds TSB to repay Mr Foster-Burnell £743 in overdraft charges and pay an additional £1000 for the subsequent incorrect default entry to his credit file.
Article http://legalbeagles.info/beagle-wins-bank-charge-case/
Judgment http://legalbeagles.info/judgment-fo…-bank-charges/
Today we can announce that Mr Foster-Burnell’s solicitors, Howlett Clarke of Brighton, have filed an appeal application to the part of the judgment that restricts the application of the unfairness of the terms to just his contract. The question for the court will be whether the term is unfair, and not whether the term has been unfairly applied to a specific consumer.
Mr Oliver Foster-BurnellThe claimant will argue that the United Kingdom is under a duty to ensure that “adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers”, as laid down by Article 7 of Directive 93/13/EEC on unfair terms in consumer contracts and that a judgment that a term is unfair is binding as to its effect on any contract between the seller or supplier concerned and all consumers who have a contract based on those same general business conditions, irrespective of whether those consumers were a party to the proceedings or not.
Clearly this is an important issue in the case of all bank charges and more widely the scope of terms found to be unfair under UTCCR in general.
As the judgment was made by a district judge the appeal application goes to a circuit judge at the same court. If the application is refused the claimant intends to seek leave to appeal directly to the Court of Appeal where a decision or any further appeal becomes binding.
We understand that at this point Lloyds have not filed an appeal to any part of the judgment. The deadline for appeals is 4pm today.
BBC Radio 5 Live will be featuring the case at around 12.15 today and will be speaking to the claimant, Oliver Foster-Burnell, his legal representative Kate Briscoe and money saving expert & bank charges campaigner Martin Lewis.More...
