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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
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  1. #1
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    Default Misrepresented charges: evidence...?

    Hi All
    Is there a thread with examples/evidence of misrepresented charges?

    Hopefully, here are a couple of possible examples.

    Almost a year ago, I went through some of my old, original statements (Natwesticon) and found a couple of things that might be useful....?

    The first example is from 1992. There is a section titled 'Charges for other account services - to cover our administration costs'. Underneath it lists things like Bankers Drafts, Copy statements etc. It also lists:

    1) A letter saying you have an unauthorised overdrafticon = £20

    2) If an increase in Unauthorised overdraft is caused by by taking money out using a sevicecard, cashcard or chequecard = £20

    3) If a cheque, standing order or direct debiticon on your account is not paid because you don't have enough money = £27.50


    It then says 'All charges for account services are taken from your account when we provide the service'

    Given that Justice Smith ruled that these are NOT services, doesn't this provide strong evidence against NatWest's position and supports the idea that they misrepresented their cross-subsidy of Free Bankingicon even at this early stage?

    Also, the fact that they say the charge is 'to cover our administration costs' should entitle us to know what those costs are...?


    Secondly, I have a letter that came with more up-to-date charges info from the bank (following my complaint) that clearly states that the charges are for providing the 'service' of refusing payments. The letter goes on to say,

    "We do not agree with the basis for your complaint. We believe that the charges we levyicon are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent"


    I realise these are only small examples, but are these the sort things you are looking for to build the evidence?

    Thanks
    Gandolfi



    PS - (apologies for long post) I'm still looking for Natwest's historic T&Cs from any year back to 1989. The bank have failed to provide them despite numerous requests. If anybody can has them, I'd be SO grateful. My case http://www.consumeractiongroup.co.uk...atwest-14.html depends on getting them.


  2. #2
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    Default Re: Misrepresented charges: evidence...?

    Yes. Very useful. Would you scan copies of what you have over to me. I am building up a database of this stuff.

    Send it to our adminicon@ address please

    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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    Default Re: Misrepresented charges: evidence...?

    I've only got Natwesticon 2002, 2005, 2006 so far

    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.

  4. #4
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    Default Re: Misrepresented charges: evidence...?

    Quote Originally Posted by BankFodder View Post
    I've only got Natwesticon 2002, 2005, 2006 so far
    Those would be very useful. Thanks Bankfodder!

    How can I get to see them?

    All best,
    Gandolfi

    PS - I'll get the statement examples/letter scanned in and sent asap.


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    Default Re: Misrepresented charges: evidence...?

    Is there any evidence for Lloydsicon yet?


  6. #6
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    Default Re: Misrepresented charges: evidence...?

    It would be great to get any historic Natwesticon T&Cs if you have them....

    I've tried to get them from Natwest via a CPR18 request for information, but Cobbetts just refused while the test case was on. Would it be worth me seeking an order for this when I ask to amend my Counterclaim...? I need them for every year from when the accounts were opened (20 years!)

    I also need to prepare my argument for amending my claim. What would be the best way? My thread http://www.consumeractiongroup.co.uk...atwest-14.html is very long and complicated and buried in the (rather quiet) Business Claims section of the forum.

    It's a big case with c£25,000 at stake, from both Personal and Sole Trader current accounts. Eager to get on, but not sure how....

    All help much appreciated. Meanwhile, best wishes,
    Gandolfi



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