Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. 10th June 2006 11:28 #1
    Robertxc Robertxc is offline
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    Exclamation Account Closures - A Possible Defence

    If you're threatened with account closure from Allioance & Leicester, and wish to challenge it, there is an interesting clause in the "Unfair Terms In Consumer Contracts Regulations 1999". Essentially, ikt means that if a term in a contract is deemed to be unfair, then it 'shall not be binding'. Also, it says the rest of the contract remains in place.

    I don't know what the best mechanism is yet for actually challenging it, but I'm sure there will be plenty of people out there with suggestions.

    Effect of unfair term

    8.

    (1)An unfair term in a contract concluded with a consumer by a seller or supplier shall not bebinding on the consumer.

    (2)The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.

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    The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

    You can can contact me by email: robertxc@consumeractiongr oup.co.uk

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  2. 11th June 2006 09:53 #2
    lickthewallfatboy lickthewallfatboy is offline
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    Default Re: Account Closures - A Possible Defence

    nice one,Robert.I think that should be mentioned to the institutions you are involved with when they start mucking about,just to see the reaction....

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  3. 11th June 2006 09:57 #3
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    Default Re: Account Closures - A Possible Defence

    Interesting. That means then the banks do not have the right to continue levying the charges in the future. It's not actually in the terms and conditionsicon because the UTCC Regs says it's not binding so any account held (and I suppose I really mean all) should cease the charges immediately.

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  4. 11th June 2006 10:30 #4
    mailmannz mailmannz is offline
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    Default Re: Account Closures - A Possible Defence

    You could be right BUT they only way you will get banks to stop making "unlawful" charges is if you drag them through the high court. THEN and only THEN, when there is a legal precident in place, will banks stop making these unlawful charges.

    Now, anyone got some money they are willing to pony up for this law suit?

    Mailman

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  5. 12th June 2006 14:40 #5
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    Default Re: Account Closures - A Possible Defence

    How does the idea of 1000 people bringing identical cases work over here? Would they be consolidated into a class action, or would the court try a dozen or so test cases individually?

    HSBC • Lloyds TSB • contractual interest • New Tax Credits • coming for you? • NTL/Virgin Media

    Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941
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  6. 12th June 2006 23:40 #6
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    Default Re: Account Closures - A Possible Defence

    The mechanism is to seek an injunction. Quite easily available in A&L's case as a result of their announcement.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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  7. 12th June 2006 23:42 #7
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    Default Re: Account Closures - A Possible Defence

    Isn't the UTCCR 99 only applicable to post-1995 contracts? Or did I dream this?

    Apologies to people who I was in the process of helping, I may be gone some time.
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  8. 20th June 2006 22:55 #8
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    Default Re: Account Closures - A Possible Defence

    Have there been any developments on this? I have a closure notice on a Nationwideicon account but I believe the A&L and Nationwide are treating these pretty much the same.

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  9. 23rd June 2006 17:37 #9
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    Default Re: Account Closures - A Possible Defence

    I have a personal loan account with A&L which has quite a bit of money left to pay (more than I could pay off now).
    I also have a current account where I have been charged over £200.

    I know that A&L are closing accounts.

    My question is that if I claim my £200 from the current account that they've taken could they close the loan account (forcing me to find more money than would be possible) as well as the current account?

    Any advice greatly appreciated.....

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