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In the UK, the Timeshare, holiday products, resale and exchange contracts regulations are being introduced from 23 February.
Many could fall foul of the Unfair Terms in Consumer Contracts Regulations, which can rule out one-sided deals.
It concerns whether unauthorised overdraft charges come under the scope of the 1999 unfair terms in consumer contracts regulations, which the banks and building society say do not.
It replaces three big pieces of consumer legislation – the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act.
It says this first stage of the legal battle is about a point of law relating to the Unfair Terms in Consumer Contracts Regulations 1999.
In April 2007, the Financial Services Authority halted thousands of separate legal claims for refunds against the banks to allow for a definitive ruling on the legality of the charges under the 1999 Unfair Terms in Consumer Contracts Regulations (UTCCR).
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The OFT claims the charges are illegal under the Unfair Terms in Consumer Contracts Regulation 1999.
Mr Justice Andrew Smith agreed with the OFT that charges were covered under the Unfair Terms in Consumer Contracts Regulation 1999.
The plan was to establish whether the fees were covered by the Unfair Terms in Consumer Contracts Regulation of 1999.
The OFT is asking to be allowed to challenge the banks' penalty charges under the Unfair Terms in Consumer Contracts Regulation of 1999.
Mr Justice Andrew Smith agreed with the OFT that charges were covered under rules governing the Unfair Terms in Consumer Contracts Regulation 1999.
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