Your views needed! BIS taking unfairness assessibility of ancillary charges to EU.

[Amethyst]

Consumer Rights Directive consultation - unfair charges - Legal Beagles Consumer Forum

Please read and give us your views. Time is quite short as the response needs to be in by 24th August. Massive thanks to Wendy on MSE for giving us the info.

This is a major step forwards showing the government are taking their pre election promises to sort out unfair charges seriously - lets get behind them

Thanks all

Ame
xx

[EXC]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Very interesting stuff this. From memory both J Smith and the Court of Appeal both upheld previous case law that UO charges were indeed ancillary and the Supreme Court ruled that the charges were only ''part of the price'' paid for the core service. And this is where the package of services argument leaves the banks exposed.

This is what we've been waiting for isn't it? A charge in EU legislation which could force a change to national law as even if the the UK Government takes a less than positive view in it's consultation stance, what Europe decides, goes.

I've sent a copy to TB and in my opinion we should seriously consider commissioning him to draft our response - if he's not already doing one himself - for which I'd be happy to take care of.

[Amethyst]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Funnily enough I just discussed the same with Tools, although I came to the conclusion he probably had more than enough on with the work he's doing at the moment.

It does sound very exciting although lots of barriers to hurdle over, and just what we've been wanting. The changes proposed to 6(2) are very similar to what WHICH? were suggesting in the financial services bill aren't they ? of course encompassing all ancillary charges not JUST bank charges which would have been far too difficult to get through as seen by the discussions in the lords. Might be a useful reference though.

If TB is up for it then of course I'd be more than honoured for him to assist, otherwise, and as well as, I think we have a very busy week.

Also is the team Vince mentioned to Budgie involved in this ?

[EXC]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Yes it is similar to the Which? proposal but that only extends to a proposed change in national law. What I'm excited about is the the fact that the consultation is an EU initiative and not one that's come from a consumer group.

I'll get on the case with TB but in the meantime it would be good to have some members views. Don't know if Team Cable have anything to do with it - Bud?

[Amethyst]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

I'll do some ADVERTISING, as people seem to ignore my little announcements...

[EXC]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

I'll do some ADVERTISING, as people seem to ignore my little announcements...

Beat you to it.

[Amethyst]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

lol, you wait !

Once thats done I'll put my views down.

[EXC]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Blimey I thought this whole process would take years but....

''The new Directive (when agreed) is likely to be adopted in 2011. A formal UK consultation exercise will take place on the proposed new Regulations when transposing the new Directive into UK legislation.''

[Amethyst]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

And it isnt even September yet !

[LavenderRose]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Hiya. I havnt been on the site for just over a year! Ive got a lot of reading to do to catch up on stuff so I will send my views in the next day or two. I just wanted to ask one question tho, I put a claim in about 3 years or so ago to reclaim my bank charges. Where will that claim stand now and do I need to do anything? The answers are probably already here but to save time and a lot of reading could you give me a quick update.
Thanks

[Tools]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Hi LavenderRose, nice to see you again. Was your claim in the courts, FOS or with the bank?

[LavenderRose]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

It was with the bank.

[EXC]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

Where will that claim stand now and do I need to do anything?

Unless it's a hardship claim the banks are routinely rejecting all bank charge claim since the Supreme court judgment in November last year and the same applies to the Financial Ombudsman.

We don't advise issuing a court claim as the costs risk outweighs the prospects.

[LavenderRose]

Re: Your views needed! BIS taking unfairness assessibility of ancillary charges to EU

ok thanks for the advice EXC and Tools