Tuesday 8th July - Latest News on the OFT v Banks Test Case

[Bantambec]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

What have the banks got to gain by the courts hearing the appeals separately?

[Budgie]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

What have the banks got to gain by the courts hearing the appeals separately?

Further delays !

and further delays mean more unjust enrcihment from interest earned on the unlawful penalty charges already taken from Customers and more time in which to continue applying those charges to Customers before the Banks are finally forced to correct their misdemeanours.

[Amethyst]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

not so sure on that Bud - the banks wanted to have the appeals heard in July, its the OFT that have asked for them in November.

Might be wrong tho.

[Budgie]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

The Banks "said" they were happy to have the appeals heard in July, knowing full well that the OFT were not ready.
The OFT have limited resources, not just financially but in terms of manpower and they just couldn't possibly be ready for an appeal hearing in July. I believe it was a throwaway comment by the Banks that they would be happy to have appeals heard in July. They knew there was no possibility of this going ahead. Makes them look like good little boys as far as the FSA are concerned though doesn't it !!!

I also think the Judge would really prefer to have all the appeals heard together in one hit. We have to now await the declarations on historic terms and see what happens regarding appeals on those judgements. October / November would be a sensible time to have all appeals heard including any that might result from judgments on the historic terms.

[Ladidi]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

hi everyone,

you know considering they "the banks and OFT" were quick to say right lets have test case and resolve all issues one way or the other. You would have thought they would looked at things more closely before ruling on all cases being made to "stay"

I accept the OFT have limited rescources etc and the banks have done nothing but hold everything up from day one week one.

But considering peoples hard earned money and sometimes benefits have been taken without so much as hang on this is way too much or as some people have their cases already in the courts systems, let those go through and all those that enter from this day forward to be on hold etc I know that does not seem fair in retrospect on a lot of people but if they all stopped for one minute and thought about all the money they have had the advantage of and causing hardship when they have taken it and rubbed their hands with glee, and of all the claims they have settled out of court and claimed this was of good will gesture and they calimed to have been right and that the monies taken were due for services given none of this would be happening today.

My whole point is, there is credit crunch going on, people are losing their homes of having god knows how many phone calls and letters a day, losing sleep ill with worry etc. The hard pressed and those that are making their claims from way back are not doing this for the good of their health they are doing this because they have been forced into this by the "Greedy"

The banks got greedy the share holders got greedier and the only losers are us poor s*ds trying to get back what they have already taken..

The whole system stinks...they take of their own before they take care of us!!

I know we have come a long way, but when you read someone could have had their money sooner and they could still be in the home they worked so hard to keep or could have paid the bills that threatened their very existense. It goes without saying they are not doing anything to help or resolve this situation, if you ask me they are prolonging the agony. How they going to feel somewhere donw the line when it comes to a payback and some poor soul is so devestated that if only they had got their payout sooner, they could have had their home or paid off menacing bill chasers. Imagine the sheer devestation of someone loosing their home or they cant remortgage cos someone has put their name to the deeds so you can remortgage with anyone full stop unless they get their money forcing you into higher payments each month that you cant afford but if you got your little bit back off the bank you could have paid off that pain the azz and have a better mortgage hanging onto your home..

Do you see where I am going with this? I dont think anyone is helping anyone at the bottom the chain. I know there are procedures, I accept that for the good of everything happening. But i dont accept that it is a long and very slow drawn out process when they all know what the end result will be. I just think they are being extremely difficult to the hard pressed and dont give a monkeys if you lose your home or cant keep the wolves from your door, I think their attitude is, I dont know you and I dont are!!! As it was said by their bank managers on the watchdog programme!!!!

Soory alll, rant over...fed up and trying to meet peter and paul and john and james too and then their friends come along and want a bit and then the governement put the squeeze on some more and it costs more and more just to go to work and everyday living!! Makes me think they want to kill us all off with stress!!!!

[Amethyst]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Thank you Ladidi, a great post Its all very frustrating.

We're the people helping the little people as much as we can, pretty much against the odds, and we keep fighting. There are vague moves towards a sensible definition of hardship between the FSA and the Banks but its no where near enough and its way too late.

xxx

[Ladidi]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

I agree with you Ame, that you and EXEC and everyone else involved are doing an excellent job in pushing and probing in all the right places and its great to have a forum so informative as to what is happening and when it is happening..

As the little mand and woman on the street might say, words a great wisdom, but the actions of the big man speaks louder and until the big man shouts "REPAYMENTS ALL ROUND" the little men and women wait with baited breath until they can breath no more and wolves have their spoils.

The little man and woman of streets are doing just that, waiting until it is their turn to be on the streets or for someone to come knocking and ask to see their posessions so they can reclaim them!!!

[Amethyst]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Indeed - sick making isn't it.

Conversely and this is where I fall down a bit in bank charge reclaim campaigners eyes i guess, I do understand the waiver, I have never agreed with an injunction against the application of charges. I won't go into it all here as i have elsewhere on the forum previously.

I am more for people in hardship being recognised as such and treated properly than an across the board refund of all charges. If charges are deemed fair and lawful after all this, then I will still fight away to get peoples personal circumstances taken into account before the application of charges AT ANY LEVEL £8, £32, £48, 10 pence even. If the taking of charges will put an individual into a position where they cannot pay for their basic living needs that is wrong...very wrong.

Responsible lending and responsible charging really I guess.

Bank charges have put many people in dire straits financial wise - theres so many cases we see where without the application of charges to accounts creating bouncing of mortgage and rent payments, utilities and council tax. Those people should have been considered at the time, and should be in the future, and if the charges are deemed unlawful and, although I KNOW IT WON'T HAPPEN, I would like people to be compensated. People who have income of £180 a week and live to the penny, then made one error and ended up with a third of their income just vanished down the toilet, behind with rent, unable to buy food, missing council tax payments and debt repayments and ending up with CCJs, eviction notices and repossessions where they have never tried to avoid paying their debts but its been made unavoidable by the banks not treating anyone with consideration.

Also we need to fight against the continued pushing by the government and the banks, and big companies, for everyone to have a bank account and be penalised if they don't. Cashless society stinks IMO.

(oops getting ranty so thats enough for the moment - you know what I mean tho hopefully)

[Amethyst]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

oh the WONT HAPPEN BIT is aimed at the compensation - not the deemed unlawful bit (just read back lol)

[Ladidi]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

I hear you Ame, and I agree with you. I think by the time they get all of this sorted out it will be too little too late for some of us and for some it will finally be a god send.

At the end of the day, if they deemed their charges fair, they have to ask themselves why the heck did they start paying out gestures of goodwill and then full repayments at the last minute.

If they honestly belived in their policies and T & C's they would not dish out not one single penny. Nothing would have been paid out from the word go regardless..

I think they should do the honourable thing and repay all they owe and end this sorry saga, but then wishing for that I might have more chance in wishing for me to become a lotto millionaire..Lol

[jax007]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Regarding business claims - am I right in thinking this section of the personal claims letter ................

S.4 of the Unfair Contract Terms Act 1977, and more recently under S.5 thru 8 of the Unfair Terms in Consumer Contracts Regulations 1999

should be removed and just go for charges as penalties in isolation?

Help on this would be much appreciated

Ta muchly
jax

[Amethyst]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Yes hun, there should be a business claim letter somewhere will have a quick peek. 2 tics.

[Budgie]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Good move Jax,

If Ame has got one it'll save me having to look !!!! LOL

You shouldnt need to update such a letter to account for the Test Case. Judgment still hasnt been handed down wrt histprical terms so as far as we are concerned all claims based on historical terms and penalty aspects ( as in a business account claim ) should be able to proceed normally.

As Judgemnt on historic terms will probably not be handed down for up to a further 3 months and will be limited to the terms discussed in the Test Case. ( Specific terms for personal accounts as opposed to Business account terms ) there is nothing really to stop anyone from proceeding with a claim for a Business account.

[jax007]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Aw thanx sweetie

Actually - thinking about this - it's a sole trader account (not limited company) so does that make a difference? There has been mention sole trader's come under personal accounts and therefore UTCCR applies.

Would you know Ames?

jax

[Budgie]

Re: Tuesday 8th July - Latest News on the OFT v Banks Test Case

Consumer law ( inc UTCCR1999 ) doesnt apply to any form of Business Account whether its Sole Trader, Limited Company or a Legal partnership.