Decision on Historic T&C's??

[Shazzaw]

Hi all,

Any update on when we'll hear a decision on Historic T & C's????

I think I may have read that the decision will be made within 3 months of the case being heard and that if it's not delivered before the summer recess then it will be in September. Therefore, does anyone know when the Courts summer recess begins??

Also, am I correct in thinking that we're hoping for a ruling that historics can be assessed under UTCCR AND that they are assessable as penalties. Would this be the best result we could hope for and if the judge decided histroic's are assessable under UTCCR but are NOT penalties will this be a major setback in claiming last 6 years worth of charges?

Any opinions greatly appreciated on what you think we'll get and if anyone does know when the Court summer recess begins it would save the angst of looking each day for any news!!!

Thanks as always,

shazzaw

[Amethyst]

Re: Decision on Historic T&C's??

as far as I know summer recess is the whole of august. Usually starts 26/27/28 July.

Therefore I assume we will hear nothing further until september, from the high court at least.

Yes we are hoping for historics to be judged as penalties and applicable to UTCCR.

If Penalties are thrown out the equation, no i dont think thtas it by any means. Its then down the the OFT to decide whats fair and whats not and those that aren't are unlawful and can be reclaimed.

Whether in full as they should never have been charged and were unlawful when charged, or not, remains to be seen. I think the courts and banks know if they deem them unlawful then everything can be reclaimed and that consumer groups won't sit back and take a 'you can only reclaim a portion' type instruction. The are either lawful or not, under either, if not then they are fully reclaimable.

I think.....

[Shazzaw]

Re: Decision on Historic T&C's??

Thanks for your thoughts Ame.

I don't think the summer recess has started yet however as Justice Smith is hearing a case today.

Is looking more likely though that its going to be September then that he delivers his verdict - more waiting around for us :-(

[Amethyst]

Re: Decision on Historic T&C's??

mmm must be just august then....can try looking it up

[EXC]

Re: Decision on Historic T&C's??

Generally, the court is in recess from tomorrow (1 Aug) until Mon 1 Sep but the Administrative Court, including our Smiffy, continue behind the scenes for a further 2 weeks.

Though I did speak to the test case clerk today and a judgment on historicals is ''not imminent''. It's also undecided whether their will be a scheduled hearing and CMC to deal with it an.

As Justice Smith said that judgment would be ''sooner'' than his last which took 3 months, I'd say we're looking at early Sept.

[Shazzaw]

Re: Decision on Historic T&C's??

Thx EXC - saves me getting my hopes up each day during August!!!

Prime myself for news on historics anytime from 1 sept onwards - what about the OFT decision as to whether they consider charges to be unfair which I understand they will tell the banks their decision before everyone else - surely we'll have to know what they think at some point???

shazza

[EXC]

Re: Decision on Historic T&C's??

Yes we will. Both the judge and the banks will know of the OFT's view on fairnes but It seems they were not looking to publish their view in the near future but lets hope they do ASAP.