I wonder how this wording in a letter would go down with Cobbetts, Big Tommy, etc, etc. This came from a thread on the Nationwide part of this forum.

Don't lose heart.

I've read enough of these to see that sometimes they will just plain lie to you until the actual court date arrives on their desk. Maybe you should try exploring the legal side of things more and have concrete facts in your next letter.

 

For example:

On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

‘Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation’.

 

 

OR

 

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

 

If you attack them with statements to which there is no arguing its bound to have an impact. Equally though expect them to try and bluff you all the way to court room. Think of how many people give up after they get a letter back telling them they're wrong. The banks know this, and is just another example of how those that run the banks are dishonest cheats.

It'd also be good to look into what the banks reply to all of this is. The most interesting I have found is the statement given by UK banks when asked to give evidence to the House of Commons Treasury Committee on how banks calculate bank charges. This was on the 25th of January 2005, and it shows the banks actually admitting that the charges applied to your account are not a reasonable pre-estimate of the bank’s loss in relation to your account - they are part of a scheme to recover global losses.

 

Anyway, I hope some of that can help, and don't give up!

Maverick

What does everyone else think about using this as part of a letter template to add weight to our claims?

I personally dont think it would make much difference, i reckon they dont even read our basic prelim or LBA letters properly, It is best just to stick to the tried tested and proven methods, in my experience, keeping it simple works just fine ;-)

S

I agree, it's not gonna stop them using tactics to get people to stop their claims. If they can put just a few people off from claiming it's worth it to them and they know that they can get away with it. I don't think anything we write is gonna make a blind bit of difference. More people writing to their MP just may make a difference though! Will be doing this myself next week:)

Wxx