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

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

    Originally posted by Budgie View Post
    Of course everyone's entitled to their own opinion. But for reasons referred to in many earlier posts on this thread it is considered extremely unlikely that there will be a negotitiated settlement and nor should there be. Some people appear to be happy that £5 would be a fair charge, Martin Lewis thinks £2.50, I personally think that £1 is more like the correct figure. However, it doesn't actually matter what any of us think as only a court can actually decide what a fair charge should be as far as future charges are concerned.

    Didnt South Africa "service charges" get investigated BECAUSE they were around £5 and are now fixed at 40 pence..a price at which the banks are still making a trading profit?

    Anything more than the actual cost of administration is obllocks IMO

    PEOPLE WHO ARE HAPPY TO TAKE CHARGES -£5 NOW
    And yes there are a lot of desperate people out there who the "Shylocks" in the banks will "feed on" if clients and encourage them to accept a lot less then the full charges PLUS the interest (calculated to put the bank back in the same position as if the money had not been taken).

    That is the only acceptable resolution IMHO I am sorry you are desperate but you need to get your "poker face on" when (and if) it comes down to the final negotiation and not be "led by desperation"

    Historic charges are another matter all together, if the charges and the terms that describe them are ruled by the Court as unfair in the 2nd stage of the test case ( still to come ) then under UTCCR 1999 the historic charges will be ruled as unenforcable and the court will order them refunded by the banks in their entirety. Some people might agree with you and Martin Lewis and would be happy to allow the banks to keep some of their ill-gotton gains from historic charges but I for one do not want this. I want the banks punished for their past actions and the untold misery they have caused to hundreds of thousands of people via their actions. I want them to repay every single charge they have applied under these regulations and I want them to disgorge the unjust profits they have made by being able to turn that unlawfully acquired charge money to account. I appreciate that there are many people who are desperate for the return of their charges and like you would bite off the hand of the banks if they were to offer a partial refund of historic charges now rather than wait until the legal issues have been resolved. Well, the opportunity already exists for those who are presently in genuine hardship to try and secure an interim partial refund of historic charges by making a claim under financial hardship. This website, probably more than any other site provides assistance to any person who wishes to make a claim under financial hardship. Those of us who don't qualify under hardship guidelines, even though we might have been through severe hardship in the past as a result of these charges, will unfortunately just have to wait until all of the legal issues have been resolved.

    Incidentally, why would the banks even wish to consider repaying historic charges now rather than later? The banks do not believe their charges are unfair, the banks believe they are untouchable. They believe they will eventually win. Even if they lose the forthcoming Supreme Court judgement they will carry on fighting as they believe they will win the unfairness action in the second stage of the test case. They do not believe they should pay back a penny of what they have taken. Even the huge legal costs they are running up are nothing compared to the amount of money they might eventually have to refund. Rest assured they will fight to the very end without surrender and so should we.

    Budgie
    Good Points Bungie, you are more than qualified to comment on restitutionary interest calculations.

    Why dont the banks settle today ?

    If I can draw every ones attention to my signiture below

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

      I think much of the discussion about the £5, £2.50, £1 etc is only relevant to the future structure and pricing of charges. Unless of course the penalty aspect is bought back in.

      If the terms is capable of being assessed as unfair, which is what the OFT are arguing for, then once its assessed as being unfair and ruled on by court, then legally the term has to be removed and anything taken relying on that term has to be returned to return people to a position they would have been in had the term never existed.

      Any negotiation will fall short of that.

      It is already the case that we know it is extremely unlikely people will be returned to the position they would have been in had the charges never been taken, as charges have such a massive knock on effect and restitution won't cover it. Compensatory loss will be nigh on impossible too.

      Of course we are talking mainly about the most vulnerable of people, as the knock on effects would be smaller if you don't live to the penny every month.

      Thank you for everyones lovely comments about the site, I have to admit sometimes the conversations on here go way over my head, I hope mostly we manage to summarise the more complex stuff to make it understandable to everyone.
      #staysafestayhome

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

        Can I just say that my daughter who is a university student has just had a change in her terms and conditions from her student Halifax account.

        With effect from 6th December, she will no longer receive interest on credit balance and she will if she uses her o/d pay £1 per day.

        She is so so angry.........

        So, I have told her to look for another bank account.

        This will effect all students greatly and get them into a shed load more financial problems.

        Comment


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

          Tutts, that is a quid a day for an arranged OD of up to £2500 though. No idea what the unarranged fees are yet, but it's a kick in the knacks for those who stay in credit but brilliant news for those who live in the OD. Max £365 a year for £2500. Hell of a difference from previous rates.

          Comment


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

            Originally posted by ed. View Post
            Tutts, that is a quid a day for an arranged OD of up to £2500 though. No idea what the unarranged fees are yet, but it's a kick in the knacks for those who stay in credit but brilliant news for those who live in the OD. Max £365 a year for £2500. Hell of a difference from previous rates.
            14.6% if you borrowed the full £2500 for the year, ok so long as you dont stray into an unauthorised OD at £2501 I suppose.

            But if you used "a responsible £200" of the OD arrangement you are paying 182%.

            Is this account encouraging students to be irresponsible?
            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: TODAY at the House of Lords - OFT v Banks latest news

              Yes but an OD is supposed to be for emergencies, a safety net, it's never meant to be permanent borrowing, and most people living in an OD are doing so because of paying out 100's a month in charges meaning they can never break even and catch up.

              As a long term borrowing solution, no not even this one is a good idea (although the relevant APR is better than most loans and credit cards available to people in that position), but short term, well I'd rather pay £365 a year for living within an OD than the £1500 I was charged by TSB for the same privilege.

              If we want to get into the realms of responsible borrowing, then you should look at the Gov requiring students to take out such lending in order to attend Uni. Ignoring the students who drink it up the wall, focus on the sensible ones. Ok they are losing credit interest but I'd guess if they stay predominantly in the black and only slip 5-10 times a year they are still better off, especially if they then find an account for the spare that is interest gaining.

              As for the £200 that's almost irrelevant though. £200 over a month? A year? Or one day or one week??

              The situation would still arise regardless of the account held, but in this case as long as it's arranged, whilst the APR might be ridiculous when you look at it spread over a year but the actual charge could only be a quid or 30 quid. Still not the 30-100 it could easily be otherwise.

              It's a huge step in my opinion - won't suit everyone as I've already admitted, but for those struggling (depending on the unauth terms) this account has my blessing thus far. I don't have a bank account anymore at all and I didn't plan on it again, but even I'm tempted lol

              Comment


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

                [quote=StoneLaughter;132309]

                Only here do I take issue. The banks KNOW that their charges are unlawful, they KNOW that they will not win, and they KNOW that they are acting unfairly. However they are doing so because there is a CHANCE they might win; they are throwing the best legal arguments they have at this in the HOPE they might win; because they are greedy and wish to retain their profits. If they can do so in Law so much the better. If they lose, they are prepared to pay back; however they are exercising their right to argue right to the point where it is no longer possible, in order to maximise their chance of retaining their historic AND FUTURE profits.


                They are quite clearly stating their intentions on their websites, for example

                Halifax
                How can you continue to charge what you do for these services when there is legal challenge?
                We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. That is why we are working with the other major UK banks and the OFT to obtain certainty through legal proceedings, which we believe will clarify the law in this area.


                Comment


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

                  Clearly that is what they would have to say - any admission of an attitude like the one I attribute to them would destroy their case. However I firmly believe that the banks are (as I said) simply chancing their arm. NOTHING will shake my belief in that.

                  Tom
                  I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
                  Over £1200 claimed in several actions against several organisations.

                  Comment


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

                    BTW spoke to SCOJ today (ex HOL) nothing expected before 26 October at the earliest.

                    (Dont forget i got 10 am on 30 October in the sweepstake!!)
                    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: TODAY at the House of Lords - OFT v Banks latest news

                      Ta Robster xx They get listings for next week on thursdays don't they :kiss: Look forward to when they say yes.

                      Bummer is such short notice I end up having to pay full whack for the train.

                      Anyone else planning on going, I think Bud and Tools are, and EXC of course if its held up till he gets back.
                      #staysafestayhome

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

                        Originally posted by Amethyst View Post
                        Ta Robster xx They get listings for next week on thursdays don't they :kiss: Look forward to when they say yes.

                        .
                        From what they said today, it was the case that the on going information was released on a Wednesday/Thursday (under HOL) but that has changed and can be released at any time now but one week in advance....which keeps things interesting.

                        Keep an eye on this link:

                        http://www.supremecourt.gov.uk/news/209.htm

                        First to spot it gets the bone!!:beagle:
                        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: TODAY at the House of Lords - OFT v Banks latest news

                          Interesting Judgment from the 14th by the way for anyone interested. Costs and public funding.

                          Comment


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

                            Originally posted by TUTTSI View Post
                            Can I just say that my daughter who is a university student has just had a change in her terms and conditions from her student Halifax account.

                            With effect from 6th December, she will no longer receive interest on credit balance and she will if she uses her o/d pay £1 per day.

                            She is so so angry.........

                            So, I have told her to look for another bank account.

                            This will effect all students greatly and get them into a shed load more financial problems.
                            I emailed Halifax earlier today. If she has a student account with them then her account is unaffected by the changes.
                            http://www.lloydsbankinggroup.com/me..._structure.pdf
                            The above is the "Official" statement from them dated 6th October 2009.

                            Comment


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

                              Think that links judgments recently handed down ? I've been watching The Supreme Court - Court Sittings ?

                              Who knows lol, I think phoning them every Thursday is the best plan.

                              Hope its not between 9th and 14th November as I'm on holiday.
                              #staysafestayhome

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

                                Originally posted by natweststaffmember View Post
                                I emailed Halifax earlier today. If she has a student account with them then her account is unaffected by the changes.
                                http://www.lloydsbankinggroup.com/me..._structure.pdf
                                The above is the "Official" statement from them dated 6th October 2009.
                                Thanks Nattie
                                But her letter specifically states that the account number which is her student account, is definately subject to change on 6th December as I mentioned on my previous post.

                                Can you please let me have another copy of that email as the file is damaged so that she can send a letter to them asking for an explanation.

                                Comment

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