OFT Test Case - CMC news

[Amethyst]

CURRENTLY UNDER DISCUSSION at the High Court

BANKS TO APPEAL JUDGEMENT ON UNFAIR TERMS

NO APPEAL ON PENALTY CHARGE JUDGEMENT FOR PRESENT TERMS

HISTORICAL TERMS JUDGEMENT TO BE HANDED DOWN 6/7 JULY 2008


Full details Legal Beagles

[Amethyst]

Re: OFT Test Case - CMC news

Todays part of the Case Managment Conference in the Test Case will start at 2pm in the High Court.

This morning has been given to the OFT to make a decision on appealing the PIL (plain intelligibible language) aspects of the judgement.

The appeals from Banks and OFT will be agreed upon this afternoon.

We will endeavour to bring you up to date information throughout the day. There are a number of the Team in attendance throughout todays proceedings.

The High Court today are holding the second day of a Case Management Conference in the battle between the Banks and the OFT over overdraft charges on personal current accounts.

Yesterday the Banks indictaed their intention to appeal on the UTCCR judgement handed down by Judge Andrew Smith on April 24th

The High Court has also ruled that the charges are not a Penalty for a Breach of Contract. the OFT have decided not to appeal this Judgement however this has not yet been applied to historic terms.

Justice Andrew Smith appeared keen to have some progression on the waiver set in place by the FSA on claims.

Beagles have some members attending the hearing today and we will post updates as they come in in the OFT Test Case forum . So keep an eye there and in the notice box at the top of the forum for the latest information.

[Amethyst]

Re: OFT Test Case - CMC news

The next stage of the High Court battle between the OFt and the Banks is now underway. The case management conference held on 21st/22nd May saw the Banks request to appeal against parts of the judgement handed down on 24th April in relation to the UTCCR 1999 (Unfair Terms) granted by Justice Andrew Smith.

A further request by four of the Banks; HBOS, Barclays, Abbey and Clydesdale, to be allowed to appeal aspects of the Judgement relating to Plain Intelligible Language (PIL), was refused by the Judge.

A date for the appeals have not been set yet -the appeals will be heard in the Court of Appeal and will then go to the House of Lords if need be.

The OFT have decided not to appeal any aspects of the Judgement at this time and will be pressuring the Banks to supply the information it requires in order to complete the PCA (Personal Current Accounts) study report which has been underway since March 2007.

They have indicated they hope to complete this second week in July. The Banks have been given a deadline of 5th June to respond to the OFT regarding the OFTs submissions for the report.

The next dates for your diary are the 7th, 8th, 9th July 2008, when the Judge with hand down his judgement relating to UTCCR and Penal aspects of Historic Terms and Conditions.

[Bantambec]

Re: OFT Test Case - CMC news

How historical are we talking? Before or after the rewritten ones?

[Celestine]

Re: OFT Test Case - CMC news

Before they started tinkering with the T&Cs, all the old ones are the historic T&Cs.

[Froggy]

Re: OFT Test Case - CMC news

Before the test case, I believe the POC's stated current ones were as at 1st October 2007.