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

[EXC]

NOTICE
Take notice that on THURSDAY, 26 FEBRUARY, 2009 in COURT 71, at 10 O'CLOCK, Judgment will be given in the following.
APPLICATIONS
A3/2008/1406(Y) Office of Fair Trading -v- Abbey National Plc & ors.
A3/2008/1396 Office of Fair Trading -v- Abbey National Bank Plc.
APPEAL
From The Queen's Bench Division
(Commercial)
FINAL DECISIONS
A3/2008/1400 The Office of Fair Trading -v- Abbey National Plc & Otrs.
A3/2008/1401 Office of Fair Trading -v- Abbey National Plc & Otrs.
A3/2008/1402 Office of Fair Trading -v- Abbey National Plc & ors.
A3/2008/1403 Office of Fair Trading -v- Abbey National Plc & Otrs.
A3/2008/1404 Office of Fair Trading -v- Abbey National Plc & ors.
A3/2008/1405 Office of Fair Trading -v- Abbey National Plc & Otrs.
A3/2008/1406 Office of Fair Trading -v- Abbey National Plc & ors.
A3/2008/1407 Office of Fair Trading -v- Abbey National Plc & Otrs.

[showergirl]

Re: Appeal Judgment

Here's hoping it goes in our favour

Good luck everyone

[EXC]

Re: Appeal Judgment

According to the ckerk to the Master of the Rolls a draft judgment has gone out to the parties and ''if there's anything they don't like about it'' any party can draft an Order that can be taken into consideration for the final judgment.

[kev2b3]

Re: Appeal Judgment

8 days for the judgement, good chance of some of the information being leaked.

[natweststaffmember]

Re: Appeal Judgment

8 days for the judgement, good chance of some of the information being leaked.

always a possibility I guess. Always a possibility.

[Amethyst]

Re: Appeal Judgment

Wonder how long after this it will take the OFT to get a decision on the fairness sorted. (assuming that they can be considered fair/unfair that is)

[EXC]

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

Dunno Ame. I get the feeling something's going on though. KF's not being quite her normally responsive self of late.

----- Original Message ----- From: EXC
To: Kate Farrow
Sent: Wednesday, February 04, 2009 12:59 PM
Subject: Market Study and Letter



Hi Kate

Firstly I wondered if you could give me any indication as to when you will be publishing the consultation document to the PCA Market study as the OFT has said it would be early this year.

Also we have a hardship claimant who has an appeal lodged at the High Court against HSBC. This is an important case for us as it could clarify whether recognised hardship cases - which of course do not apply to the waiver - can be heard in court. It would be very helpful to us if we had some evidence of the letter you sent to the banks on 8 November informing them that your preliminary findings are that the relevant charges are unfair. Obviously I realise you cannot supply any firm-specific information but may be able to give us the generic elements of the letter.

If you'd prefer me to make a request under the Freedom of Information Act please let me know, or if you think the OFT will not release it under any circumstances, again please let me know.

Many thanks

Nick


From: EXC
Sent: 12 February 2009 09:11
To: Kate Farrow
Subject: Fw: Market Study and Letter


Hi Kate

Just a gentle reminder on this.

Thanks

Nick



----- Original Message ----- From: Kate Farrow
To: EXC
Sent: Thursday, February 12, 2009 9:52 AM
Subject: RE: Market Study and Letter

Hi Nick

Always happy to have gentle ones.

Thanks
Kate

[Amethyst]

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

I hope the test case outcome isn't being waited for in order for the PCA consultation conclusions to be amended to suit.

[EXC]

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

I think it might be a wise move for them to hang on for appeal judgment as it would give more weight to the report.

[natweststaffmember]

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

Just to make you aware, RBS Group announces profits or rather losses that morning, so the Appeals judgement may not get as much news as it should do.

[Tools]

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

Finances allowing, I hope to attend. Also waiting for a decision as to whether or not I will have a passenger.

The media coverage will also depend on the outcome Nattie. Let`s hope it is a positive outcome for the OFT and therefore us.

[Amethyst]

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

Just trying to write a PIL guide so people know what to expect after the judgment...views/input be welcomed



What will this Judgment mean ?

In April, Justice Smith handed down Judgment in the case between the Office of Fair Trading and the Banks. He rejected the banks argument that under the 1999 Unfair Terms in Consumer Contracts Regulations the relevant terms on overdrafts are exempt from assessment as to fairness. This is the part that the Banks have appealed, this appeal was heard in October.

Once the Judgment is handed down, it will not mean an instant end to the stays, waiver or claims. The Judgment will simply state whether or not the OFT may look at the terms and charges and decide whether they are fair or unfair to consumers. The OFT has already, before the appeals were heard, written to each of the banks with their preliminary findings. They indicated to most of the banks that the terms may be deemed unfair, although these preliminary findings have not been publicised - however this was confirmed by the RBS document featured in this article OFT says bank charges are unfair - Legal Beagles

We expect the OFT to publish their decisions quite quickly following the Judgment. A decision will then be made how to deal with the outstanding cases in the courts and complaints systems of the banks.

The banks do already have in place systems ready to deal with the refund of charges - RBS - Bank plans for overdraft refunds - Legal Beagles

The Judgment has already been released to the parties involved, this will enable all parties to get draft orders and appeals sorted out before the official handing down, and there is the potential for this case continuing on to further appeals.

[natweststaffmember]

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

I do know of someone else, that should be going as well, so please leave the machete at home please

[Tools]

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

I assume any further appeals will not be through the High Court, but to the House of Lords?

Should the appeal judgement go in favour of the OFT (in the main part as there may be some concessions) then as Ame says the OFT will be clear to continue the charges assessment under UTCCR 1999. We are aware that much of this work has already been carried out in previous investigations so the foundations for a quicker conclusion are already in place.

I do hope however, that the OFT do not simply impose a ceiling limit to the charges before they consider a complaint as they did with the credit card companies. If they did then all the waiting and expense of litigation will have been in vain.

[Tools]

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

I would also like to hear a final decision on the penal aspect of Natwests 2001-2003 terms.