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Appeal

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  • #31
    Re: Appeal

    I wonder if that would help me with my 18 year old claim agains Halifax!!!

    Comment


    • #32
      Re: Appeal

      Originally posted by TUTTSI View Post
      I wonder if that would help me with my 18 year old claim agains Halifax!!!
      LOL - Check your thread Tuttsi, Smasher's point is already mentioned on there and it's part of the strategy I have always had in mind for your future witness statements and skeleton arguments should Halifax actually choose to defend your claim.

      Comment


      • #33
        Re: Appeal

        Thank you, very informative.

        Comment


        • #34
          Re: Appeal

          Is there any news of when the appeal decesion will be made??

          Comment


          • #35
            My money's on 26 jan (when the FSA waiver runs out). With all the contact between banks & their new owners (Gordon) surly there must have been some mention of the case. The cost for both sides must be escalating!

            If I were wanting to bury some news TOMORROW would be my choice!

            We still have not heard on Judge Andrew Smiths announcement re "can NatWest's charges be tested as a penalty?" (aimed for "before Christmas").

            Then again what would I know?
            The charges coming in to the banking industry every day will more than pay the banks total legal bill for the whole test case so why wouldn’t the Banks want to "ensure Justice at the highest level"

            Comment


            • #36
              Re: Appeal

              Its definitely going to be a PR nightmare for both Gordon and the bankers. With all of our tax money being ploughed into evermore ridiculous bail-out schemes for them, a £billion or 50 to clean up yet another mess created by their reckless greed ain't gonna be easy to announce to an already very angry Joe Public & family..

              Comment


              • #37
                Re: Appeal

                The FSA Waiver will be renewed I have no doubt about it.

                Comment


                • #38
                  Re: Appeal

                  According to the clerk to the Master of the Rolls the appeal judgment is due to be handed down ''in the next 3 to 4 weeks''.

                  Comment


                  • #39
                    Re: Appeal

                    Originally posted by EXC View Post
                    According to the clerk to the Master of the Rolls the appeal judgment is due to be handed down ''in the next 3 to 4 weeks''.
                    Whic could be smack on when I have predicted lol

                    Comment


                    • #40
                      Re: Appeal

                      I always read with interest the thoughts of the LB team and members regarding the bank charges saga so I though I might write something having had a few days to look through previous posts and articles (snow related research, what else was I going to do I don’t like cash in the attic!).

                      By Ian Pollock
                      Personal finance reporter, BBC News, High Court 22nd May

                      A High Court hearing to decide the fairness of bank overdraft charges will now start before the end of the year.
                      The Office of Fair Trading and eight banks agreed the timetable under pressure from a High Court judge.

                      Suggested dates
                      The banks' appeal is likely to be heard this autumn, but if either side then takes the issue to the House of Lords, the OFT's jurisdiction in the matter is unlikely to be settled until next year.

                      Earlier in the day, Mr Justice Smith expressed his discontent at the OFT's initial statement that it had no idea when its investigation would be completed.
                      "While the investigation is going on, we are asking the county courts to keep the litigation on hold," he said.
                      "How long are they expected to wait?"
                      Later, however, the OFT said it would share its initial findings with the banks in mid- to late July.
                      The regulator and the banks agreed that if they could not agree on a fair level of charges, the issue would go to the High Court before Christmas for a ruling.'


                      Of course I have cut some of the text from the original article but from the judge it appeared then that he wanted the case to follow a timeline.

                      Because the fairness hearing hasn’t started or to my knowledge been mentioned by the courts; that we can assume that Justice Smith isn’t forgetful and has forgotten his instruction regarding timescales as the article above details and that the banks have been in discussion with the banks since July, with almost all of them now changing their charging structures does that the final sentence apply?.
                      ‘The regulator and the banks agreed that if they could not agree on a fair level of charges, the issue would go to the High Court before Christmas for a ruling.’
                      In one of the LB’s posts I can’t remember whose but possibly EXC or Budgie in December that the judge thanked the OFT for their continued updates.
                      Perhaps with rose coloured spectacles attached could this mean that the Appeal and OFT report will spell the end? Have the banks and OFT agreed how to play this out without the need for a fairness hearing and that is why there is no mention of it, a hearing where if the banks lose will lead to claims like the GLO which looks like it will cost the banks many times more than ‘doing a deal’ beforehand. [/font]
                      My question to any of the LB team or those in the know is what do you think? Have I found a tree to bark up is it the wrong tree or indeed is this a relevant tree?
                      Well I've got brain drain so off to watch Phillip and Fern.
                      Last edited by Paule; 6th February 2009, 10:46:AM. Reason: Removed Formating

                      Comment


                      • #41
                        Re: Appeal

                        If a deal is done then the level any charge is set at could be challenged through the courts.

                        Comment


                        • #42
                          Re: Appeal

                          The lead appeal judge, Master of the Rolls - Lord Justice Sir Anthony Clarke - has finished writing the judgment which has been circulated to the other 2 judges for their views.

                          The parties will receive a copy of the judgment 24 hours prior to the handing down hearing which, according to the Judicial Communications Office, will be in 2 to 3 weeks time.

                          Comment

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