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  #1  
Old 08-02-2008, 11:44 AM
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Default Final Day Of Oft Test Case

I managed to attend this morning and met up with EXC, Budgie from Legal Beagles, the BBC and Which reporters.

The Judge has said that he will be giving directions to the courts in approx 4 weeks time - which i think should be good news!.

He also said that his judgment would be on the historical T&C's - which I think is the correct decision and which would also be good for all of us with our present claims.

The BBC report should be out at anytime now and I expect this will give a fuller account than I can give you all, I unfortunately I did not take written notes. I do know that EXC has his full notes and this will be posted up on Beagles later today.

Today it was Nationwide who was on when I got there - it seems they are different from the rest their T&C's are in PIL and they are the only bank that has not changed them since 1994!

Doctors for the OFT finished and pointed out to Justice Smith that PIL in Nationwides T&C's are not all that they seem and they still fall short of PIL.

I do love watching the banks squirm.

what i will say if anyone has a claim to put forward please do it now before the floodgates open.

DSxx
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Old 08-02-2008, 11:52 AM
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Thanks Tuttsi sounds promising. Off to file a small claim (only small but its a claim) and its my money.
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Old 13-03-2008, 02:28 PM
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Is there any news of a ruling from the High Court on bank charges? my partner has a 4K case from Barclays I'l like to play with and I have a Q regarding Limitation Act.

Does Section 2 mean a claim against a bank is limited from 6 years and if so, six years from what date?

She has bank charges going back to 1992 and there has been continuous contact with the defendant bank and the Limitation Act might be interpreted as no contact between the parties. Any comments?
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Old 13-03-2008, 02:31 PM
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The six years to lodge your claim from the date of discovery of the unlawful charges.

No news at all they are now saying it could be June before we hear any decision.

It would pay to get the claim into the the bank concerned, so it is registered with them
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Old 13-03-2008, 02:39 PM
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That's a shame because most of that 4K is over six years, but we have continuous statements going back to 1992. We've only bee together since 2001.

I'll ask for all of it and hope the Barclays bulk case processing agent doesn't notice and they file a standard defence. Lets see...
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Old 13-03-2008, 03:15 PM
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No, you can claim back to when Adam was a boy . You have sixyears in which to lodge the claim, so if you only realised the charges were unlawful last year, (2007) you have until 2013 to claim this money back.
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Old 14-03-2008, 08:42 AM
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When is the court handing down judgment?
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Old 14-03-2008, 09:16 AM
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Quote:
Originally Posted by Paulwlton View Post
When is the court handing down judgment?
Suposedly April with the banks getting copies 24 hrs prior to public release so I have heard through the grapevine.

Also Beagles have copies of court transcrips however you can't view them unless your registered over on Beagles.
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Old 14-03-2008, 09:54 AM
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Quote:
Originally Posted by TANZARELLI View Post
Suposedly April with the banks getting copies 24 hrs prior to public release so I have heard through the grapevine.

Also Beagles have copies of court transcrips however you can't view them unless your registered over on Beagles.
If the ruling is in favor of the OFT would the stays be lifted or would they remain until after appeal?
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Old 14-03-2008, 10:33 AM
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Thats what the ruling is about. The Court can rule

1. In favour of the banks and all cases (that were filed before OFT case) in progresss dismissed
2. In favour of banks and all cases in progress awarded to claimant
3. In favour of OFT, cases awarded to claimant.
4. In favour of OFT, cases awarded to claimant. No new cases to be filed. (closing the floodgates).


If the case rules in favour of OFT, an appeal by the banks is unlilkely to be successful. The court knows its a delay tactic and the Judge in the OFT case will have already considered grounds of appeal before delivering his ruling.
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