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sorry cut and paste is a bit naff - im sorting this claim for my father inlaw - i only have a couple of questions.
he was sent an itinerary of charges od interest and different fees - in the format they send out is all of this including od interest accountable into the schedual for reimbursment. I have not enetered interest as i dont know if this is the amount of interest for the fees and not whole monies.
also the acount fee is only £4.00 to start rising to £15.00 nearer 2007
£4.00 seems just - can they argue this with the £4.00/£5.00 fees?
these questions are for those who have taken tsb to court or more knowledgable people than me
oops been busy with my HSBC claim and forgot about this one lol
lba sent 30/4 best put in the n1 form and start the claim since they sent a rather silly letter spouting some stuff about credit charges which im not cliaming so onwards and upwards maybe a month late but im sure my father inlaw wont mind.
will try to get n1 form in this week.
1 question tho - for garyh or other mods on Lloyds are the POC's different compared with hsbc's and if they are could someone pm me their pocs aimed at lloyds
are these POC's ok
1. The Claimant has held Account (xx-xx-xx) xxxxxx since approximately 1976 with the Defendant.
2. During the period in which the Accounts have been/was operating the Defendant debited 71 charges (average of £12.40) to the Accounts in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A complete list of the charges applied to these accounts are attached.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £2042.50;
b) Court costs;
c) interest pursuant to S.69 County Courts Act 1984 at 8% APR from date of each charge to date of the claim, total £112.43, Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.19p per day OR at such rate and for such periods as the court deems just.
6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).
You cannot claim the bank charges of £4 and £5, even if they increased to £15 it would probably be as the account was upgraded. These are not penalty charges but a fee fr the operating of that specific account. I pay £7 a month and get free AA cover etc.
hi - could someone else comment on this maybe a mod i thought all charges of which have not been agreed could be claimed back and since this account does not charge a usage fee for the account itself then this od/fee is a charge and can be claimed back.
I know what your saying but unfortunately the OFT do not back this up, they state there must be some profit made to cover overheads heres a snipplet of what the OFT reported
"In April ‘06, the Office of Fair Trading opined that credit card charges were too high and should be reduced to £12, which most plastic providers have since done. It’s undoubtedly a positive step, though many may still think £12 is too high; yet it adds weight to the case for reclaiming charges as it makes all prior charges look too expensive."
I know what your saying but unfortunately the OFT do not back this up, they state there must be some profit made to cover overheads heres a snipplet of what the OFT reported
"In April ‘06, the Office of Fair Trading opined that credit card charges were too high and should be reduced to £12, which most plastic providers have since done. It’s undoubtedly a positive step, though many may still think £12 is too high; yet it adds weight to the case for reclaiming charges as it makes all prior charges look too expensive."
Actually the OFT are not important. Its law that is important, its unlawful to make a profit on a breach of contract. Therfore if the actual cost is £2.50 and they charge you £5 it is unenforceable.
Unfortunately you wont be able to back that up. Each bank will have different overheads which need be taken account of when making charges in relation to these penalties. These also appear to be fees for the account.
Ive read a lot of documents and sites and its quite apparent that you should not attempt to claim amounts if they are deemed to be acceptable, acceptable is less than £12. The OFT report is also used in the court bundle i believe thus would be detramentle to this case
Unfortunately you wont be able to back that up. Each bank will have different overheads which need be taken account of when making charges in relation to these penalties. These also appear to be fees for the account.
Ive read a lot of documents and sites and its quite apparent that you should not attempt to claim amounts if they are deemed to be acceptable, acceptable is less than £12. The OFT report is also used in the court bundle i believe thus would be detramentle to this case
Ok, account fees can not be reclaimed as you say for example RBS royalties fee £6. However to state that a charge below £12 is acceptable is wrong. You can only be charged the amount that is required to administer the breach of contract. Thats the law. The OFT have no powers to make law in this country.
as far as im aware this account has no *fee* to operate it but i will clarify this with the account holder - i think they have just worded the charges well so it gives doubt.
actually looking at the schedule of charges - non of them are a fee for operating an account they are just fee's for breach into o/d so i can claim these
Priest Vs Lloyds tsb
x-xx-xx
8% APR(b)
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Originally Posted by darkrage
