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
NW11 7PE



Closed Thread
Results 1 to 3 of 3
  1. #1
    Site Team The Consumer Action Group BankFodder has disabled reputation BankFodder's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    I am in
    Please consider making a donation if we have helped you. Thanks
    Posts
    14,872
    Blog Entries
    11

    Default Have you had your account closed or been threatened with closure for claiming?

    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 courticon action 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.

    Similar Threads:
    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.

  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    cheddar Informative cheddar Informative cheddar Informative cheddar Informative cheddar Informative cheddar's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Bolton, Lancashire
    Posts
    1,577

    Default Re: Have you had your account closed or been threatened with closure for claiming?

    I'm all for it but am confused about the wording of the regs:

    (g) enabling the seller or supplier to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so;

    I thought that 'notice' meant the amount of time a seller/supplier had to give you to forewarn of you of an account closure? I think that the only point you would be making is that the bank would have to give you say 30 days before they closed the account as claiming back charges wouldn't be classed as serious grounds.

    I suppose if it said without good reason then it may make more sense to me! LOL!

    Sorry if I am not understanding!

    NatWest - I WON!!!! £2598.22 This is how
    BCW - I won This is how
    Intrum Jusititia for sister - We won! Here's how
    Contact for Lenses - I won This is how

    Please feel free to click the scales if you find my advice helpful!
    Please remember look at the FAQS first!!!

  3. #3
    Site Team The Consumer Action Group BankFodder has disabled reputation BankFodder's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    I am in
    Please consider making a donation if we have helped you. Thanks
    Posts
    14,872
    Blog Entries
    11

    Default Re: Have you had your account closed or been threatened with closure for claiming?

    Bliimey. I misread it. I think that I must have had a brain seizureicon!!!

    Thank goodness you noticed it. I'll lock this thread and withdraw the announcement.
    I going to lie down.

    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.


Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE