Quote:
Originally Posted by steven4064 THis has been discussed a lot elsewhere on the site and I think the general conclusion was that it is not going to get us anywhere. As to Kenny's question about bank T&Cs - they will send them if you ask. If they take too long and your case is coming up then write to their solicitors and say you are requesting them under CPR Pre-Action Protocol 4.6(c). I did that with NatWest and got them in two days. Steven If this post is helpful, please click the scales Any opinions are without prejudice & without liability. Almost everything I know concerning the law I learned from this site
|
" As to Kenny's question about bank T&Cs - they will send them if you ask. If they take too long and your case is coming up then write to their solicitors and say you are requesting them under CPR Pre-Action Protocol 4.6(c). I did that with NatWest and got them in two days."
Well done Steve4064 ! Pleased they did send them to you - and your claim was successful. However, 'if' they didn't/hadn't - what then ?
Further, what about in the case where county court judgments have been obtained by banks incorporating these penalty charges - would they 'still' supply a T&C copy, in the knowledge that the T&C would mean the CCJ would need to need be set aside + costs & damages ?
What about where the CCJ has then been converted into a second charge on property, and the penalty charges become secured with futher legal implications ?
Would the bank still provide the relevant T&C to undermine all the CCJs & second charges that had been obtained, plus refund all the legal costs and damages all round ?
The whole bank/penalty charges scenario then moves into another stratosphere - which is why they can't afford an adverse judgment !
And this is why it is 'not always' in their best interest to provide them ! And as (I believe) in the Berwick case, the bank did not race in with a copy of the T&C in their defence statement/exhibits !
All the best, Kenny