Now that the OFT has declared high penalties to be unfair - at least in excess of £12.00, I think that it is time to take action on retaliatory account closures.
The approach is that sch.2 of the 1999 regs also deals with unfair termination of contract clauses and says that they are invalid.
I think that it is fair to say that banks which close down accounts because the customer has merely complained about charges which are now accepted to be unfair, are clearly operating their termination clauses unfairly.
I can't imagine that the OFT would disagree with this. If they did it would make them look ridiculous as they would be preventing unfair charging but allowing banks to take retaliatory action against people who relied on the OFT statement - not possible by any stretch of the imagination.
So I think that we can now say definitely that any bank which threatens to close an account and that closure is linked to a claim for the rcovery of penalties is prima facie unfair.
I shall do a letter template of complaint to the OFT to be used by anyone affected.
I shall also do a template letter to the bank of anyone who has had their account closed or who has been threatened with closure.
I'll consider what action can be taken but I would have thought that at least a county courtaction of compensation but an injunction would not be difficult and could still remain on the Small Claims track.
I think that the OFT statement is going to be much more useful than people realise. We just have to "put it to use".
I'd like to receive comments - and especially criticsms of this suggestion.
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