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

[natweststaffmember]

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

I hate finding things that are in front of my eyes.
In the original announcement on the OFT test case they said this on their notes:

"4. If, in the light of the UTCCRs investigation, the OFT decides to take action because it finds the charges to be unfair but is not able to secure voluntary compliance, it will proceed to a second stage court case applying for a ruling that the charges are unfair."


That is why some say that they will agree voluntarily to a figure. However, surely as we have argued many times, if they don't take it to court then someone else WILL DO.
The Office of Fair Trading: OFT launches test case on unauthorised overdraft charges

[EXC]

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

The OFT are obliged to offer voluntary compliance before enforcement of the regulations but this would only apply to the substantive issues.

[EXC]

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

The HoLs judicial office can't give any indication as to when judgment for next week's appeal is likely to be handed down.

The court breaks up for summer on the 30 July and reconvenes in the new Supreme Court in the begining of October . During this period no casework is done.

It's not impossible for judgment to be given before they break up but don't hold your breath. They're still waiting on a judgment for a case heard in February. Of 2 appeals heard in the corresponding week last year, neither judgment was handed down until after the summer recess.

[Amethyst]

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

Think originally we said not to expect anything till October odd, so fully expect the waiver to be renewed for another 6 months end of July.

Pressure from all angles on FSA to sort the waiver out so its bloody fair.

[Amethyst]

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

The House of Lords hearing will start on 10.30am on Tuesday 23 June and will last for 3 days. It wil be held at the Houses of Parliament - St Stephen's Entrance, Committee Room 2A.
There is widespread concern about whether current accounts provide value for the UK consumer, and in particular whether unauthorised overdraft charges and returned item fees are fair.
The best way to get a good outcome for consumers is to ensure that consumers understand what they are paying and can vote with their feet and move to banks that offer better value for money.
To achieve this outcome, we launched a market study in April 2007 to consider the wider questions about competition and value for money in the provision of personal current accounts, such as:

• transparency of costs to consumers
• ease of switching.

In parallel we also launched an investigation into the fairness of personal current account unauthorised overdraft charges and returned item fees under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) to establish whether these charges met the test of fairness.

These two areas of our work relating to personal current accounts are closely linked, however to make our website as user friendly as possible information on each can be found via the two separate links below.
See other OFT work in financial services

In this section...

• Market study into personal current accounts
• UTCCRs investigation and test case

[Amethyst]

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

Members of the public wishing to attend should present themselves at St. Stephen’s Entrance (on Parliament Square) where they will be directed through security and to the appropriate Committee Room. It is advisable to allow about 15 minutes for this. It is possible for the Committee Room designated for the hearing to change at short notice, but such room changes will be clearly indicated. Please ensure that mobile phones and pagers are turned off before entering the Committee Room. Under no circumstances should members of the public address the Committee while in session. It is not possible for seats to be reserved in the Committee Room but every effort is made to ensure sufficient seating. Standing in Committee Rooms is permitted at the discretion of the Chairman. Those attending meetings are asked to remain silent throughout.

[StoneLaughter]

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

Under no circumstances should members of the public address the Committee while in session.

So shouting "Get on with it you crusty old b@stard!!" at the top of my voice will be frowned upon then?

[righty]

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

AME did you get my PM?

[Amethyst]

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

will check xx

[Amethyst]

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

Q&A's updated 19th june

http://www.oft.gov.uk/shared_oft/per...ksqa190609.pdf

[righty]

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

AME I recently gave you link to an EU case that stated that all courts MUST determine if any term of a contract is unfair irrespective of whether or not the consumer had objected to the terms In other-words the national courts are duty bound to scrutinize all consumer contracts where the OC intends to enforce it through the courts.......... anyway I've lost the link can you let me have another.....ta

[Amethyst]

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

This one? Courts must assess unfair terms in consumer contracts, says ECJ

[Amethyst]

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

will start a new thread tomorrow for the House of Lords and onwards....


consumer Redress consultation/green paper EU - http://ec.europa.eu/consumers/redres...ses/BBA_en.pdf
http://www.bba.org.uk/content/1/c6/0...l_services.pdf

[natweststaffmember]

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

This one? Courts must assess unfair terms in consumer contracts, says ECJ

This may be significant if the case went to the ECJ(I doubt it will go that way but we have been surprised before).

[EXC]

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

Looks like the banks have dispensed with the services of Laurence Rabinowitz and have hired Jonathon Sumption QC to argue their case. http://www.brickcourt.co.uk/silks/jo...umption-qc.asp