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.
Since im now pursuing charges I wondered if i could get a copy of the original T&Cs?
Is it likely somehting that would be available?
LOL i doubt they will give me a copy, and im not sure if it would physically from part of the 'data' that would be available under the Data Protection Act.
Any thoughts?
FWIW i do have a current copy of the T&C.
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Glenn- apologies for not responding sooner but this weekend was a full moon and weird things were happening in the threads.
Back to the answer I would say that it is possible that terms and conditions and leaflets that the bank has produced maybe available in a banks archive. I am not sure if it is an archive department or building. Most banks have an archive relating to history of branches and the banks themselves. The T&C's per se are not covered by SAR in that they would be leaflets or brochures so not really evidence of manual intervention with charges, however I would think they would exist.
Hope that helps you answer the question
Glenn- apologies for not responding sooner but this weekend was a full moon and weird things were happening in the threads.
Back to the answer I would say that it is possible that terms and conditions and leaflets that the bank has produced maybe available in a banks archive. I am not sure if it is an archive department or building. Most banks have an archive relating to history of branches and the banks themselves. The T&C's per se are not covered by S.A.R - (Subject access request) in that they would be leaflets or brochures so not really evidence of manual intervention with charges, however I would think they would exist.
Hope that helps you answer the question
Funny you should say that they wouldnt form part of the SAR, i realise it wouldnt if i asked for statements, it just occured to me reading your answer that the T&Cs form part of the contract I have with the bank i believe.
If i ask for the original contract then i should be able to force them to supply that too since it is a fundemental part of the original contract.
Mind you this is not any kind of legal thought, simply seems logical to me.
Since the accounts in question were both closed in may 05 then it seems to me that the most recent T&Cs are likley relevant to my account.
Anyway thanks for your thoughts if anyone else has anything they want to add id be obliged.
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
sorry Glen, I was meaning terms and conditions for a bank in 1997, Data Protection Laws have changed since 1997. Hope that helps and yes you would be right that the specific application form you signed with T&C's would likely be part of SAR
"For letting you continue to use your card (if we do let you) despite your having broken these conditions, we will charge you
£12 if you do make at least your minimum payment by the payment date.
£12 each time you exceed your credit limit.
£12 each time a direct debit, cheque or other payment order you have given us is not accepted when we present it for payment.
We will also charge reasonable costs and expenses resulting from you breaking these conditions."
Is £8 a reasonable cost or expense for being one day late?
As you probably know they charge £20 without fail.
OK think I can help with this one. Go surfing on this site for discussion about s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) which for the princely sum of £1 entitles you to request a "true copy" of the original agreement (ie the one you signed) including as I understand it copies of any documents mentioned therein. The act sets the timescale for them to do this, there are loads of threads on this subject. Enjoy!
Lloyds TSB Current Account/Joint Account/Business Account (ST not Ltd) PL 30/8/06; lba 14/9/06; N1 filed 24/10/06
M&SFS Credit Card SAR16/9/06; partial data rec'd; 11/10 written; in correspondence
Lloyds TSB Credit Card SAR16/9/06; partial data rec'd 14/10; written 30/10/06 ext'd timelimit;
Student Loans Company Ltd SAR2/10/06 silence!!!
Lloyds TSB PPI on Loans CCA & SARsent 21/10/06
Partner:
Lloyds TSB Current Account SAR3/10/06 silence !!!
Credit Cards:
Lloyds TSB SAR3/10/06; rec'd 26/10 back burner for now
Marbles SAR3/10/06; rec'd 26/10 back burner for now
Monument SAR3/10/06
Virgin SAR3/10/06
Morgan Stanley SAR3/10/06; partial data rec'd; 19/10 CCA req; 24/6/06 rec'd; in correspondence
Barclaycard SAR3/10/06; data rec'd; 14/10 written with CCA request; 24/6/06 rec'd; in correspondence
Glenn, I have just realised, thanks to your first posting, that I have Lloyds T&Cs for 1997. In another thread I wrongly noted the date as 1977. Thought their charges
for returned cheques were a bit expensive for 1977!
Interestingly they don't charge when a cheque is returned by another bank or
branch, even though they still have to write to the customer, including the cheque
in the letter when appropriate, and debiting the account. I am glad they don't charge mind-who says banks don't have a heart of gold.lol
T&Cs
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Originally Posted by natweststaffmember
