Write to your local newspaper

[angeljen]

I have wrote the following letter (adapted from the Letter to your MP) to my local newspaper, for the 'Readers' Letters' section. Please feel free to use this letter to send to your local newspaper to promote the CAG website and the 1st December peaceful protest.

Readers’ Letters

I am writing to you to inform readers of the serious problem of unlawful penalty charges, which are levied against their customers by the UK High Street Banks.

It is a well established rule of Common Law that contractual penalty charges which exceed the actual losses suffered, in this case by the banks when a customer exceeds limits or a direct debit or cheque are returned, are invalid and will not be enforced by the Court. A series of judicial decisions going back over 100 years shows this to be true.

More recently, The Unfair Terms in Consumer Contracts Regulations 1999has confirmed that a disproportionate penalty would be an example of an unfair term and that this would therefore be unenforceable at law. The Director General of the Office of Fair Trading (OFT) announced in 2005 that any penalty charge, which exceeded actual losses, was disproportionate.

Yet despite this, the Banks continue to apply these charges, and of course the vast majority of bank customers accept the banks’ authority that these excessive charges are valid and they pay up without a lot of fuss. The Unlawful Penalty Charge racket is apparently worth £3 billion per year. It is not surprising that the Banks are not anxious to give it up.

A survey reported this year by the BBC, concluded that one in five bank customers suffered from these charges in 2005. Most of these people have incurred penalty charges because they are in difficulty. Many of these people are vulnerable and already have difficult lives. The spiralling effect of bank charges makes it very difficult if not impossible for these people to escape debt and the brunt of the charges is disproportionately placed on the poorest members of society.

The banks practice of pursuing the poorest members of society to subsidise free banking for the rich creates a kind of converse Robin Hood situation and not only runs counter to sound business practice, but also demonstrates the gross inequities and unconscionable behaviour of the banks.

Many people have taken legal action against the banks. The banks almost never go to court. Fearing a formal judgment against them they bluff and threaten, but eventually settle before the day of the trial. This amounts to an outright abuse of the court system and their behaviour is in direct contradiction of the overriding objectives set out in the Civil Procedure Rules. Through the Consumer Action Group website at www.consumeractiongroup.c o.uk I am in touch with many people who are challenging the banks, some of whom are beginning legal actions. Please join the website to reclaim the right and reclaim YOUR bank charges.

The OFT, which is empowered to investigate, shows signs of being reluctant to do so. On 1st December 2006 at 2pm there will be a peaceful protest outside the Office of Fair Trading offices on Salisbury Square (East Central London). If you are interested in attending this fancy dress protest, please feel free to contact me or get in touch on the Consumer Action Group website.

Insert your name, street, town and e-mail address at the end

That's MANSFIELD ticked off the list

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Giveitback]

Has anyone written to local papers recently?

I'd like to get my story out in the public once I win, but since I have a kind of public profile locally, I'd rather not have my actual self in it.

Anyone done this?

[angeljen]

The problem in telling people your own story is that the bank will have asked you to keep the details of complaint confidential when you accept your money back. Just a general non-specific letter should be OK.

Mansfield Chad didn't print my letter. May give them a call later to see what they think to doing a feature about it.

MANSFIELD in progress

[meagain]

Originally Posted by angeljen

The problem in telling people your own story is that the bank will have asked you to keep the details of complaint confidential when you accept your money back.

However, if they didn't offer you additional consideration in return, then it's not a part of the contract. The return of your fees is not consideration, because it's not theirs to give you.

[angeljen]

True, yeah, go for it! lol