MASTERCARD CLAIM SETTLEMENT

Remember that claim against Mastercard which looked like generating a few bob for around 46 million people - you are probably one of them - without the need to get out of their armchair? It kicked off in the Competition Appeal Tribunal in 2016 since when there have been hearings about this, that and the other and some appeals against decisions made. Well, sometimes the law moves slowly and this case was about as complicated as it gets. I explained the background to it all in my post of 25 November 2016 which I have reproduced below.

So what has happened? The case has been settled with Mastercard agreeing to stump up an estimated £200 million. And that means that everyone eligible will likely collect between £40 and £50. But hold on. The settlement has to be approved by the Tribunal which will consider whether or not to do so early next year.  There's a big fly in the ointment. The claim, involving enormous legal costs, has been financed by litigation funders. They are in the business of financially backing litigation they reckon has a very good chance of success in return for a cut of the spoils. The bigger the award or settlement, the more they get. The funders in this case have announced that they reckon the settlement is too low and they are set to oppose it being approved. I reckon there is more than an evens chance that the settlement will be approved but hold on to the champers for a bit longer. After all, you have been holding on for nearly eight years up till now. Watch this space. 

Friday, 25 November 2016

MAKE A NOTE: 18 JANUARY 2017

Don't open the champers yet but you could (no promises) ultimately be entitled to some money by barely straining yourself. It's all because of what is known as a collective claim against MasterCard for around a cool £14 billion. You have never used a MasterCard? You have never spoken to MasterCard? You have never heard of MasterCard? Worry not.

Between 1992 and 2008 millions (or trillions) of customers paid for goods and services by using a MasterCard credit or debit card. It turns out that each time the business accepted the card, it paid a fee to MasterCard which was unlawful. This has been decided by the European Commission. More than half a million businesses in the UK including major supermarkets who paid these fees passed them on to you by charging higher prices. So you, it is said, have lost out whether or not you personally used a MasterCard, by being charged more than would have otherwise been the case.

Walter Merricks who is a lawyer and former Financial Ombudsman doesn't reckon that is fair and so has brought a claim against MasterCard on behalf of anyone who has lost out because of those unlawful fees. The claim has been made to the Competition Appeal Tribunal under the 2015 Consumer Rights Act.  If the claim was successful you could be in for some sort of pay out - goodness knows how much or how it would be calculated - provided that you paid for goods and services from a business that accepted MasterCard - though you didn't necessarily pay through MasterCard - between 22 May 1992 and 21 June 2008. But you would have had to have been a UK resident for the previous three months non-stop, been at least 16 and paid that higher price.

The Tribunal to which the claim has been made has to decide whether to allow the claim to continue. It will do this at a hearing set of 18 January 2017. If you wanted a day out and had nothing better to do, you could ask for permission to make representations at that hearing, especially if you are someone who could benefit from the claim being allowed. You must do that by 22 December 2016. But, seriously, you would have to have really good reasons for seeking that permission. They won't want a few thousand individuals chipping in.

There's nothing you need to do at the moment except watch this space and pray. But if you want more info, go to www.mastercardconsumerclaim.co.uk

'LAW WATCH' VIDEO GOES CPR CRAZY

My latest video is unfit for litigant in person consumption  but anyone can take a look.  It's about my pick of the latest Civil Procedure Rule amendments and Practice Direction 171. Some Fixed Recoverable Costs. Some Writs and Warrants of Possession. And a pinch of Brexit. Do click below.

LATEST 'LAW WATCH' MUST WATCH VIDEO

Hello 'Law Watchers'. It's me again. 

My latest video covers new laws on 

*the sharing of restaurant tips among staff and

* getting your money back for loads of scams which lead to instructing your bank to make a payment to the scammer's bank on or after 07 October 2024 

PLUS we look at the reduction in the Court Funds Office's special account interest rate which impacts on the calculation of personal injury special losses interest

PLUS upcoming increases in certain land registry and land charges registry fees

Just click below

 

LAW FOR THE BEACH: LATEST 'LAW WATCH' VIDEO

I know I won't get you off the beach. Check out the latest legal developments amid the sand. I look at the latest ruling on air flight delay compensation claims, two major court decisions on  expert evidence and something for family practitioners and anyone else caught up in a financial remedy application - matrimonialisation. 

Dry off and click.

VIDEO ON LATEST LAW NOW AVAILABLE

Do feast on the latest developments in civil and family law with my free video (after all, who would pay?)

This time we look at the new code of practice on firing and rehiring (ahead of the government outlawing it). How to get full legal aid under the 'exceptional funding' scheme and the latest application stats. The reduction in the Court Funds Office special account rate which impacts on the calculation of personal injury special losses interest. And the danger of remaining shtum when asked by an opponent to enter into out-of-court mediation. 

LATEST 'LAW WATCH' VIDEO: KEEP ABREAST OF NEW LAWS

 In this month's free video, I go through-

• The increases in court, tribunal and probate fees which bite as from 01 May 2024 - and what happened to the threatened divorce fee hike.
• Changes to debt relief orders next month (effective on 28 June 2024) - the panacea for the amateur debtor - which make it easier to qualify.
• Increases in personal injury damages following publication of new guidelines.
• Why judges' gowns are back at the Central Family Court.
• The new so-called compulsory mediation system for county court small claims cases which will lead to any party refusing to co-operate being sanctioned at the end of the case and having to lose or pay one-half of costs that would otherwise have applied - if not worse.
• And that Book!

Enjoy.

COURT FEE INCREASES: PULL YOUR FINGER OUT

In my Law Watch video episode 33, I warned of proposed increases in various court fees for civil and family cases along with certain tribunal, probate and Court of Protection fees. Most of the proposals are to be implemented on 01 May 2024 (by statutory instrument SI 2024/476 which may not be readily available for public enjoyment for a couple of days). Some 172 fees are hit by a 10 per cent rise. 

But the proposal to increase the court fee for starting a divorce case has been dropped.

For those on benefits or low incomes, the Help With Fees scheme may lead to no fee or a reduced fee. 

For anyone about to take a step which involves payment of one of the fees hit by the changes, avoid the increase by taking that step before 01 May 2024. That's where the finger and its pulling out come in. 

And if you want to buy my book for a snip, it is still half-price on Amazon !