Thursday, May 13, 2010

Oft test case?

would like to knowwhy there seems to be no coverage of this test case .


I applied for a refund in Feb 2007 from the Abbey and personnally there response has been disgusting i have done all the paper work they even had the cheek to sent my copy statments out on 28th JUNE 2007 but they were dated 01.03.07 strange do you not think .I have sent so many letters and documentation and received next to no reply from them all my documentation was sent to the FOS and they told me the way my bank had treated me was unexceptable ,i had been told i was put through to the second stage and had received no offer from the bank any advice thank you for reading my rantOft test case?
Sorry to hear you`ve had so many problems!





The way you`ve been treated is really bad! Normally, as soon as you get your statements from the bank, you dealings with the bank are done. You have to send the letter asking for your charges back, and letter before action, but it really doesn't matter if they ignore those, you just move on to the court stage, and from their anything the bank send is irrelevant unless its an offer.





Unfortuantely, as you are aware by the sounds of it, all claims are on hold pending the outcome of the test case. The case is being brought to the high court by the OFT to determine once and for all if bank charges are unlawful or not. If the OFT win, everyone will get their charges back, instead of the old system where some did and some didn't. It will also be much quicker and easier. However, if the banks win it will be the end of bank charge claims.





The case is scheduled to start at the end of Jan 2008, and is expected to last around a year before the final verdict is reached after appeals etc, as the issues are so complex.





Your claim should technically be on hold, however although there is supposed to be a stay on all cases in all courts, its down to the discression of the individual costs. Some courts are still allowing cases to be heard, whilst most put a stay on the case.





You can if you wish move on to the court stage, but its a gamble, as you are risking your court fees. If your local court is still hearing bank charge cases, then you could win now and the bank would have to pay out. However, the old rules still apply and their is a chance you could lose. The case could also be put on hold, and then if the banks win the test case you would lose your court fee and not get your charges back.





Personally, although its incredibly frustrating, I would wait and see what happens in the test case before you take further action. If the OFT win you should get your charges back quickly and without court action, as your claim is in the system already. I cannot advise you on what to do, it has to be your own decision, but this would be my own choice.





Have a look at my site below which explains the situation in more detail.





The site is free to use!Oft test case?
That sucks like a Kirby. I would change banks fast.
Not fun, I would go to a different bank, you don't need that sort of stuff. I hope all works out for you. Good Luck Bluebird.

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