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Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

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  • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

    Cheers Tools they close for lunch between 1 and 2.

    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen

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    • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

      Just spoke to someone from Hol apparantly it was lodged yesterday 25 March.

      No surprise there then!
      Last edited by ROBSTER; 26th March 2009, 09:49:AM.
      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


      • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

        Last minute then. its 26th march today btw who did you speak to?

        Suppose the details are confidential. The HoL have 8 weeks now to decide whether to allow the appeal sooooooooooo lets hope they move a tad more expeditiously than the banks
        Last edited by Amethyst; 26th March 2009, 09:44:AM.
        #staysafestayhome

        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
        Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

          8 weeks is Thursday 21 May the clocks ticking.............................

          TICK............

          TOCK...........

          TICK............

          TOCK...........

          Comment


          • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

            Most definately no surprises there then, or to put it another way, I certainly won't be falling off my chair lol.

            Comment


            • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

              Originally posted by Amethyst View Post
              Last minute then. its 26th march today btw who did you speak to?

              Suppose the details are confidential. The HoL have 8 weeks now to decide whether to allow the appeal sooooooooooo lets hope they move a tad more expeditiously than the banks
              OOPS Changed that.

              It was the Hol Judicial Office
              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


              • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                Just to confirm (Tools checked with the HoL judicial office just now) petition entered yesterday 25th March and one petition has been entered in respect of all the 8 defendants (banks).
                Last edited by Tools; 26th March 2009, 17:45:PM.
                #staysafestayhome

                We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
                Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                  Practice Directions Applicable to Civil Appeals
                  Last edited by Amethyst; 26th March 2009, 11:04:AM.
                  #staysafestayhome

                  We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
                  Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                    It will now take roughly 8 weeks for the HOL to come to a conclusion on the banks appeal. Am i right in saying that a few members of the HOL will be looking into the paperwork of the two court cases and will then allow the banks to appeal or not appeal. At this point no lawyer are involved.
                    If the HOL agree that the banks can appeal ,will it be just like a court room situation with the bank lawyers and the OFT battling out once more but instead of doing it in front of judges it will be done in front of the HOL.

                    Comment


                    • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                      Any member of Hol who has been retained by any financial institution which might be affected by the out come of this case should not be allowed to have any influence in this matter.

                      Can we seek the assurance of the house ?

                      How many would that leave?


                      In reality it will be heard by 4-5 Law Lords (7 at best).

                      Given The Master of the Rolls is the 3rd most senior Judge who is likely to hear the case?
                      Last edited by ROBSTER; 26th March 2009, 11:45:AM.
                      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


                      • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                        It's sooo annoying to see what is going on!

                        The banks are obviously taking the p**s. The worst of it is, we have to sit back and take it - there's no way that the OFT will lift the waiver, no matter how strong your argument for the banks dragging their feet. The whole thing is a joke and has been for some time. Anyone with a head on their shoulders can see exactly what is going on with regards to the fact that the banks are flogging a dead horse and dragging this thing out for as long as possible. It would be nice to think that someone somewhere could feel their collars and tell them to pack it in! But sadly we all know that it won't happen. The OFT will keep the waiver in place no matter what, and the rules governing the existance of the waiver are just there to make it sit easier in the consumers stomach - NOT TO ACTUALLY DICTATE DIRECTION.

                        Was the news story about an newly formed group attacking a major ex-bankers home and car just a flash in the pan? Or are consumers going to start taking things into their own hands? I don't feel that it would be constructive, but i fear that it may happen.
                        I make my apologies now for my spelling ability. Maths was always my subject!

                        Comment


                        • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                          It’s the FSA (Who pays their wages?) who invoked the waiver and only they can lift it, unless the banks opt out.

                          2 hopes of that

                          1) No Hope

                          2) Bob Hope

                          I don’t agree with the way in which Sir Fred got his property adjusted but I laughed so much I was almost sacked (I was driving the Hearse at the time)
                          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


                          • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                            All we can hope for is the HOL will speed things along.

                            Comment


                            • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                              FSA deal with the waiver so if the OFT lifted it then that would be truly shocking.

                              To quote the high court though

                              "We have asked Moore-Bick LJ, as the Deputy Head of Civil Justice to consider the position, and he has decided to send a letter in the following terms to all Designated Civil Judges:
                              “As you may already know, the Court of Appeal has dismissed the appeal in the Bank Charges litigation, holding that the OFT is entitled to investigate the fairness of the terms which provide for the payment of charges for unauthorised overdrawing etc. There was no appeal on the penalty issue on which the Banks won below.
                              Permission to appeal to the House of Lords has been refused, but the matter does not end there, both because the Banks may petition their Lordships for permission to appeal and because unless the decision of the Court of Appeal is overturned, the OFT will now have to complete its investigation in order to determine whether the charges are unfair or not.
                              As you will appreciate, apart from knocking out the penalty argument, the proceedings have not yet produced a final answer one way or the other to the claims pending in your courts. You may be faced with applications to lift the stays which are currently in place. Circumstances may differ, but you may think that, insofar as claims turn on whether the terms in question are unfair under the Regulations and therefore unenforceable, there is much to be said for continuing the existing stays pending a decision by the House of Lords and/or the outcome of the investigation by the OFT.”
                              5. In so far as it is for us to express a view, and without prejudice to any decision which may be made on the facts of a particular case, we entirely agree that that is a sensible approach."

                              Comment


                              • Re: Appeal Judgment - 26th February 2009 - OFT v Abbey National Plc & Otrs

                                Originally posted by kev2b3 View Post
                                All we can hope for is the HOL will speed things along.
                                Like the High court did by taking three months hand down it's decision?

                                And the court of appeal who took over three months?

                                I'm sick of having to hope that someone will speed things along, the HOL in my opinion should have anticipated this and rejected their application at 9am today.

                                Im pretty sure that it will take a good proportion of the 8 weeks allowed to reach a decision.

                                When your not strapped for cash, whats the rush?
                                I make my apologies now for my spelling ability. Maths was always my subject!

                                Comment

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