What are Legal Beagles doing to help bank charge claims in the courts ?

[Amethyst]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

Beagles have been invited to meet again with the OFT on 4th February. We will also be meeting with the law firm we mentioned in the first post of this thread. Also we hope to attend the Which? Future of Banking conference later the same day.

The OFT meeting is between consumer groups and the OFT to discuss the way forwards - with both the test case investigations and other options, and with the future of personal current accounts. They have been seeking voluntary compliance from the banks and we expect to be updated on progress with this at the meeting. Also confirmed attending are MoneysavingExpert and Tom Brennan, CAG and PC have been invited but I don't know if they intend on going as yet.


At the moment with people in court it is tough going and I'm trying to let people know what their options and attached risks are so they can make their own decisions, and then help them move forwards with that. We're trying to watch what happens in cases that have gone into court already and use information gleaned from those to help others.

[EXC]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

The OFT meeting is between consumer groups and the OFT to discuss the way forwards - with both the test case investigations and other options, and with the future of personal current accounts. They have been seeking voluntary compliance from the banks and we expect to be updated on progress with this at the meeting. Also confirmed attending are MoneysavingExpert and Tom Brennan, CAG and PC have been invited but I don't know if they intend on going as yet.

Penalty Charges aren't going. Don't know about CAG but as they were a no-show at the last OFT meet I doubt it. Mike Dailly was invited but I don't know if he will attend. Bob Egerton will be there.

[Brian]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

I'm not into conspiracy theories and the like but Ame has a thread on the courts that have stays still in place for Bank charges, which quite frankly blows me away
Why are these Courts still staying the cases?? Do they know something we don't in terms of something happening over the next few months...maybe another County Court case that shifts the log jam...

[EXC]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

Do you have anything to tell us at all Ame?

[Amethyst]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

maybe................. we're very privileged to have instructed Anthony Scrivener QC ( http://www.2-3graysinnsquare.co.uk/b...ister/?b=as_01 ) to produce a formal Opinion for us on a pro bono basis. We also have a fantastic team in Hausfelds LLP (including Ingrid Gubbay and Anthony Maton ) who are also working pro bono on the bank charges issues (instructed by LB), and through whom, and with the hard work of Tom Brennan, we have been able to instruct Anthony.

Since MSE instructed Raymond Cox QC sadly the actual Opinion was restricted and we have not seen it, we have a fair idea on it from discussions and the template particulars and letters MSE have produced, but for me, this is not enough to take forwards into court and we want a senior counsel's Opinion (whether it be positive or negative) that can be publicised (and this is part of the instruction to Anthony that it is for everyone) so individuals can take their own message from it and move forwards on an informed basis.

I'm pretty amazed tbh

[EXC]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

It's important to understand that this not going to be the answer to everyones claims and should not treated as a silver bullet.

We hope to be able to see a draft opinion at a meeting scheduled in a few weeks. We are extremely grateful to both Anthony Scrivener and Ingrid Gubbay of Hausfeld LLP who both offered their services to us on a pro bono basis without us having to ask.

[natweststaffmember]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

Thank you Amethyst for the update. Will the opinion be in very easy to read language as sometimes we are all guilty of jargon. Will it simply look at current arguments or will the opinion look at all or any arguments that perhaps we mere non legal mortals may not have discussed?

[EXC]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

Thank you Amethyst for the update. Will the opinion be in very easy to read language as sometimes we are all guilty of jargon. Will it simply look at current arguments or will the opinion look at all or any arguments that perhaps we mere non legal mortals may not have discussed?

Apart from the fact that he is a leading consumer law QC, he was approached because, unlike say Ray Cox or Tom Brennan, he is a fresh pair of eyes on the issue and in that respect his view will be uncontaminated and not restricted to the current arguments.

[Amethyst]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

Thank you Amethyst for the update. Will the opinion be in very easy to read language as sometimes we are all guilty of jargon

It will probably be in quite legal terminology but we'll translate to PIL as best we can. If it is a positive Opinion then we can sort out some form of basic laymans template to use for the claims, but any claim will still be on a very individual basis.

We will never return to the print off and send template court claim on bank charges.

[hicskis]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

You should have your QC look at the relationship between the lender and the consumer, and anything done or not done by the lender (CCA 140a) - such as not reporting a person's true borrowings to the CRAs even though a person has the right to an accurate credit file (DPA).

[Amethyst]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

will do

[TUTTSI]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

When are we likely to receive the draft opinion from Anthony Scrivener ?

[EXC]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

All being well, the end of this week.

[EXC]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

When are we likely to receive the draft opinion from Anthony Scrivener ?

Sorry Tuts I didn't read your post properly.

A 'draft' has already been produced although we haven't seen it. It's the final version that we're waiting on which has been slightly delayed, partly due to computer problems at chambers. So whether we get it today or sometime later this week, it's imminent.

[orc]

Re: What are Legal Beagles doing to help bank charge claims in the courts ?

Thanks for the update.

The action taken is a very positive step and will be widely appreciated.