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  • OFT/Banks to make Refunds of over £149 million

    I expect this already been posted, but its one to come and I am aware of a list of banks but its not an official list, I can of course add them on here if you want me to. But it is said that the OFT are expected 17 banks to refund over £149 million.

    More on the story below, but am going to check all my paperwork, even though I am not absolutely certain what to look for in great details yet lol.


    http://www.oft.gov.uk/news-and-updates/press/2014/18-14

    Press releases 2014 -

    Over £149 million to be repaid to bank and building society customers following OFT action


    Seventeen banks and building societies have agreed to repay over an estimated £149 million in interest and charges to around 497,000 customers, following OFT action.


    The money is to be repaid because the banks and building societies concerned did not provide customers with some of the post-contractual information about their credit agreements, as required by the Consumer Credit Act 1974. For example, many failed to provide the required statutory wording in statements and arrears notices.
    Under the Act, a lender is not entitled to recover interest or default charges for any period during which it has failed to comply with certain statutory requirements.
    The interest and charges were paid on products such as store cards, credit cards, loans and hire purchase agreements.
    The money is to be repaid after the OFT wrote to 50 banks and building societies in November 2013 asking them to confirm that they had fully discharged their obligations to provide post contract information under the Consumer Credit Act.
    The OFT took this action in light of previous similar issues relating to the Act by some other banks.
    David Fisher, Senior OFT Director for Consumer Credit said:
    'These issues were not deliberate misconduct, but the institutions concerned should have ensured they were complying with the law. The OFT welcomes the proactive steps taken to return money to customers where it was incorrectly charged'.
    Customers do not need to take any action at this time and should be contacted directly by their bank or building society if their agreement is affected.

    NOTES


    1. Since October 2008, under Section 77A of the Consumer Credit Act 1974 (CCA), lenders have been obliged to send periodic statements to customers. These must contain specific information and wording. A creditor failing to provide the periodic statement as required is not entitled to enforce the agreement, and the debtor is not liable to pay interest or default sums, during the period of the creditor's non-compliance.

    1. Section 86B of the CCA sets out the requirement to send a notice to the debtor where they fall into arrears by more than two payments to alert them to that fact and the potential consequence of falling into arrears. A creditor failing to send such a notice is not entitled, while the breach continues, to enforce the agreement and that the debtor is not liable to pay interest or default sums during the period of the creditor's non-compliance.

    1. Other sections of the CCA impose obligations upon lenders to provide information to debtors, which for brevity are not listed here.

    1. Following issues relating to the Act by some other banks, consumers were remediated over £370 million.

    1. The CCA requires businesses that offer goods or services on credit, or lend money, or are involved in activities relating to credit or hire, to be licensed by the OFT.

    1. The Financial Conduct Authority (FCA) will take over regulation of consumer credit from the OFT on 1 April 2014. The transfer of regulation is part of the Government's programme of regulatory changes for financial services and brings conduct of business regulation under a single financial services regulator. See the FCA's website for more information.

  • #2
    Re: OFT/Banks to make Refunds of over £149 million

    Won't this be a fine balancing act? If you are waiting for SB, any claim made will surely set the clock back. Also what if one of these statements is missing, but others aren't?
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    • #3
      Re: OFT/Banks to make Refunds of over £149 million

      The banks will be making proactive refunds based on their own records. There is no need to make a claim.

      Does anyone know whether the banks will simply credit the sum due to your account, or send you a cheque like PPI refunds?

      What concerns me is what happens when the account has been sold on. Will the banks pay the money to the debt purchasers or direct to the original customer?

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      • #4
        Re: OFT/Banks to make Refunds of over £149 million

        Am still trying to get my head around this one but if the account is still active with a balance, its been said it will be refunded to the balance, or otherwise closed accounts by cheque, I will see if i can find the info on this particular part some time today :-)

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        • #5
          Re: OFT/Banks to make Refunds of over £149 million

          One of mine is sold on, the bank account balance not sure if this is also included though........

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          • #6
            Re: OFT/Banks to make Refunds of over £149 million

            Originally posted by di30 View Post
            One of mine is sold on, the bank account balance not sure if this is also included though........
            This thread is in the bank accounts section but I believe these refunds are also due on credit card accounts too. And possibly secured loans and mortgages. I have more reading to do too.

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            • #7
              Re: OFT/Banks to make Refunds of over £149 million

              Interesting.

              I yet have lot to learn here lol but think i should start re-digging out the paperwork, mortgage too xx

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              • #8
                Re: OFT/Banks to make Refunds of over £149 million

                I'm really not sure about debt that was sold on, but the fact it will be nothing to do with the debt company who taken over as fully assigned, should not have anything to do with them (I dont think) lol x

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                • #9
                  Re: OFT/Banks to make Refunds of over £149 million

                  http://www.dailymail.co.uk/news/arti...g-blunder.html

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                  • #10
                    Re: OFT/Banks to make Refunds of over £149 million

                    Some as much as over £1000.

                    So wonder then how it is if you had a few accounts it may have affected? would they pay out per account?

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                    • #11
                      Re: OFT/Banks to make Refunds of over £149 million

                      From the OFT site, letters to the banks...

                      http://www.oft.gov.uk/shared_oft/Cre...nks-letter.pdf

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                      • #12
                        Re: OFT/Banks to make Refunds of over £149 million

                        The official posting by the OFT, no mention of mortgages though, unless i missed something x

                        http://www.oft.gov.uk/news-and-updat...4#.UyrBdBbC-Vs

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                        • #13
                          Re: OFT/Banks to make Refunds of over £149 million

                          worst offenders from a personal point of view are Barclaycard and RBS, the catalogues companies are notorious for adding charges and interest willy nilly, wonder if they are included?

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                          • #14
                            Re: OFT/Banks to make Refunds of over £149 million

                            Originally posted by di30 View Post
                            The official posting by the OFT, no mention of mortgages though

                            http://www.oft.gov.uk/news-and-updat...4#.UyrBdBbC-Vs
                            It's my understanding that some of the loans would have been secured loans (i.e. second mortgages) regulated under the CCA.

                            Comment


                            • #15
                              Re: OFT/Banks to make Refunds of over £149 million

                              Originally posted by PlanB View Post
                              It's my understanding that some of the loans would have been secured loans (i.e. second mortgages) regulated under the CCA.
                              Yes when you put it that way lol, of course



                              That's possible as well Mrs D

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