OFT Test Case on Bank Charges ......from House of Lords to Supreme Court

[strangewayofsavin]

Re: TODAY at the House of Lords - OFT v Banks latest news

Nick Clegg has published his letter to MSE and confirmed he will table a motion when Parliament returns on 12 October.

''Nick Clegg and Vince Cable this week pledged to put a motion before Parliament to put pressure on the government and banks to act to return the money charged to customers by banks unfairly. Following an email campaign by MoneySavingExpert.com, Nick Clegg responded to an email sent to its members.''

''He also stated the Liberal Democrats commitment to debate consumer protection at the forthcoming Liberal Democrat Autumn Conference in Bournmouth. Read the full article: Here

http://www.nickclegg.com/2009/08/unfair-bank-charges/

I am pretty sure a bloke called tony Blair and his follower GB said the same thing with regards to the Lisbon treaty
it would be the same old story with the ever increasing taxes under the lib dems,I know vince cable seems a real good MP, and says a lot of good words, but increased taxes, to fund crap projects, same old

[strangewayofsavin]

Re: TODAY at the House of Lords - OFT v Banks latest news

Hmmm - i reckon the conspiracy theorists will have a field day with this.

The Government are now bringing in their own man to oversee the OFT test case and clear the (government owned) banks out of the hole they are in and then finish his secondment and toddle off back to the civil service!

Seriously though is there any significance in this ?????

shazza

No not at all, they may play Golf together, have neighbouring appartments in Malaga, been in the same class at Eton, and be a contributor to the current Labour party, but come on connected! surely not, next they will all be claiming for dog food on their expences!

[EXC]

Re: TODAY at the House of Lords - OFT v Banks latest news

The Supreme Court have got their site up & running but is yet to include any case info, listings etc.

http://www.supremecourt.gov.uk/index.html


http://www.supremecourt.gov.uk/docs/FutureSittings.pdf

[EXC]

Re: TODAY at the House of Lords - OFT v Banks latest news

I'm reminded by a discussion on MSE of an important element of the test case that's not been discussed too much and that is the exemption to the assessability of fairness under UTCCR that '' In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate......to the adequacy of the price or remuneration, as against the goods or services supplied in exchange''.

The issue is whether the regulations are referring to the ''services supplied in exchange'' for the charge are the services supplied to that particular customer or other customers by way of subsidy.

[Curlyben]

Re: TODAY at the House of Lords - OFT v Banks latest news

I thought the whole issue of charges for service had already been put to bed in the judgements so far ??

[EXC]

Re: TODAY at the House of Lords - OFT v Banks latest news

Sorry - not made myself clear.

It's not the service element that is in question but who the services are supplied to in exchange for the charge. The banks have openly stated that a large proportion of the charge is used to subsidise the banking services provided to those in credit. But the natural meaning of the exemption refers only to the services provided to that particular customer and therefore the exemption shouldn't apply.

[frisp]

Re: TODAY at the House of Lords - OFT v Banks latest news

David Camerons' response to MSE - I've never shied away from taking the right decision when it's in the interest of consumers. But equally, I don't think it is right to make policy decisions without a detailed analysis of the issues. After everything that's gone wrong over the last decade, people don't want to see politicians making policy on the hoof.

I like the bit about making policy on the hoof - If it wasn't scary that he's likely to become the next PM it would be laughable - wot a patronising 'focker'

[ROBSTER]

Re: TODAY at the House of Lords - OFT v Banks latest news

These are the words of politicians who could not "lie" straight in bed .It is good news that they are declaring an interest in the issue, why wouldn't they? It's a hot potato!

The main gist of this is that they are offering to help consumers whilst Gordon ignores them and sucks up to his (future employers?) mates in the banks to the cost of the Man in the street.

It's political point scoring of the (normal) lowest order. From my end of the telescope i welcome any news which puts the issue of Unfair Charges in the public domain and IF it prompts GB to "jump on the publicity bandwagon" which will , no doubt follow the expected outcome of the OFT test case then thats good too. He's been turning a blind eye (so to speak) to this issue for too long.

As Martin rightly stated it will put money into the economy exactly where it is required, clearing down the debt of the down trodden.

Come on GB put your "cock on the block" (as my farming mates would say) and put some pressure on those banks you "run" to do the right thing, when the time comes. I don't really want to see you elected (properly this time) but if you want a "peoples champion" award this is an issue you could hang your hat on before your opponents steal your thunder on this issue and portray you as "the ogre of the banks".

[Amethyst]

Re: TODAY at the House of Lords - OFT v Banks latest news

I agree, any publicity is good publicity


Weird response to a FOI request asking the definition of hardship from the FSA on 'whatdotheyknow' site

Our Response

The FSA does not take an active role in deciding whether an individual can be accepted as a 'hardship case', as this is ultimately for the courts to decide. I have included below a link to information on Moneymadeclear regarding the test case:

http://www.moneymadeclear.fsa.gov.uk/new...

The courts ?????????????

[EXC]

Re: TODAY at the House of Lords - OFT v Banks latest news

It's garbage.

[showergirl]

Re: TODAY at the House of Lords - OFT v Banks latest news

Does anyone know when the decision from the HOL is expected

[Jester]

Re: TODAY at the House of Lords - OFT v Banks latest news

HOL don't return until October so it certainly won't be before then.

[natweststaffmember]

Re: TODAY at the House of Lords - OFT v Banks latest news

There is no House of Lords Appeal Court anymore since we now have a new Constitutional Court as of October.

[EXC]

Re: TODAY at the House of Lords - OFT v Banks latest news

Does anyone know when the decision from the HOL is expected

I asked:

Dear EXC

We are only informed one week in advance as to which judgments are being handed down the following week so we will not know until the end of September which judgments, if any, are being handed down in the first week of term. Likewise, it will only known a week in advance when the OFT v Abbey National & ors will be handed down.

Yours sincerely

Robert Greenberg
Registry
Supreme Court of the United Kingdom

[showergirl]

Re: TODAY at the House of Lords - OFT v Banks latest news

I asked:

Dear EXC

We are only informed one week in advance as to which judgments are being handed down the following week so we will not know until the end of September which judgments, if any, are being handed down in the first week of term. Likewise, it will only known a week in advance when the OFT v Abbey National & ors will be handed down.

Yours sincerely

Robert Greenberg
Registry
Supreme Court of the United Kingdom

Thanks. I suppose we will just have to keep checking the website