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MONEYSAVINGEXPERT.COM NEWS RELEASE
Friday 27 November 2009
News Update: Ray Cox QC to fight bank charges
MoneySavingExpert.com has today arranged for top banking barrister Ray Cox QC to redraft its bank charges template letters, in light of the Supreme Court judgement.
The site is doing this by engaging Govan Law centre, run by campaigning solicitor Mike Dailly, and it will instruct Mr. Ray Cox QC and Mr Giles Wheeler, both barristers at Fountain Courts Chamber, Temple.
Martin Lewis, creator of MoneySavingExpert.com says:
"There are millions of people with cases on hold, and the OFT won’t be giving its view until December – meanwhile the banks are already starting to apply to have cases kicked out of court. We hope to put the brakes on this by drafting amended documents which people reclaiming can submit to the court based on the latest ruling.
"The Supreme Court itself noted that the question of fairness could still be looked at under the now infamous ‘regulation 5’ of the UTCCR regulations and that's exactly where we will be attacking. It will be interesting to see how the banks react to what we hope will be the Rolls-Royce of template letters – drafted by a QC who has many times lead cases for the banks themselves.
"We may even return to a situation of goodwill payments in the interim as they wait to expand their arguments, so as not to risk a precedent setting decision against them.
"While we’re under no illusions of the difficulty of the task, and don’t want any reclaimers to bank on getting their money back, this does mean the campaign's back on and the banks need to watch in their rear view mirrors."
Solicitor Mike Dailly of Govan law centre comments:
“We're delighted to be working with MoneySavingExpert.com on what is perhaps one of the biggest rescue operations in recent UK consumer history.
"Rumours of the demise of the unfair bank charges campaign have been greatly exaggerated by the banks. The Supreme Court gave a very clear message that bank charges could still be unfair under regulation 5, and so a brand new right to reclaim will shortly be available to consumers on the authority of no less than the Supreme Court itself".
The template letters and legal advice should be available within the next two weeks via www.MoneySavingExpert.com alongside the other free campaigning sites including the Consumer Action Group, Penalty Charges and Legal Beagles - who will be feeding into this process too.
Background Info
Friday 27 November 2009
News Update: Ray Cox QC to fight bank charges
MoneySavingExpert.com has today arranged for top banking barrister Ray Cox QC to redraft its bank charges template letters, in light of the Supreme Court judgement.
The site is doing this by engaging Govan Law centre, run by campaigning solicitor Mike Dailly, and it will instruct Mr. Ray Cox QC and Mr Giles Wheeler, both barristers at Fountain Courts Chamber, Temple.
Martin Lewis, creator of MoneySavingExpert.com says:
"There are millions of people with cases on hold, and the OFT won’t be giving its view until December – meanwhile the banks are already starting to apply to have cases kicked out of court. We hope to put the brakes on this by drafting amended documents which people reclaiming can submit to the court based on the latest ruling.
"The Supreme Court itself noted that the question of fairness could still be looked at under the now infamous ‘regulation 5’ of the UTCCR regulations and that's exactly where we will be attacking. It will be interesting to see how the banks react to what we hope will be the Rolls-Royce of template letters – drafted by a QC who has many times lead cases for the banks themselves.
"We may even return to a situation of goodwill payments in the interim as they wait to expand their arguments, so as not to risk a precedent setting decision against them.
"While we’re under no illusions of the difficulty of the task, and don’t want any reclaimers to bank on getting their money back, this does mean the campaign's back on and the banks need to watch in their rear view mirrors."
Solicitor Mike Dailly of Govan law centre comments:
“We're delighted to be working with MoneySavingExpert.com on what is perhaps one of the biggest rescue operations in recent UK consumer history.
"Rumours of the demise of the unfair bank charges campaign have been greatly exaggerated by the banks. The Supreme Court gave a very clear message that bank charges could still be unfair under regulation 5, and so a brand new right to reclaim will shortly be available to consumers on the authority of no less than the Supreme Court itself".
The template letters and legal advice should be available within the next two weeks via www.MoneySavingExpert.com alongside the other free campaigning sites including the Consumer Action Group, Penalty Charges and Legal Beagles - who will be feeding into this process too.
Background Info
- Full Bank Charges Result Q&A: www.moneysavingexpert.com/bankchargesresult
- Explanation of potential new legal arguments: www.moneysavingexpert.com/bankchargesnewargument
- Link to Govan Law Centre: http://govanlc.blogspot.com/
- Link to Ray Cox QC Biography: http://www.fountaincourt.co.uk/raymond-cox-qc/
- Link to Giles Wheeler Biography: http://www.fountaincourt.co.uk/giles-wheeler/
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