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OFT and unfair relationships


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Guest Niklowe

3.6 In addition, we operate the credit licensing regime under the 1974 Act.

This requires us to be satisfied that a person is fit to engage in consumer

credit activities. In doing so we must have regard to all relevant matters

including whether the trader, or an associate or former associate, has

contravened relevant legislation or

has engaged in business practices

which are deceitful or oppressive or otherwise unfair or improper,

whether unlawful or not.

3.7 The 2006 Act broadens the fitness test to include credit competence

 

I like this paragraph

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The collective interest test (3.24 onwards) makes for very concerning reading for the banks.

 

Everyone on this forum should write to the address at the front and give examples of where the banks are collectively doing this to the whole damn marketplace.

 

 

3.24 Part 8 is not a means of pursuing individual redress. It applies only to

 

infringements which harm the collective interests of consumers. This

means that the breach must affect, or have the potential to affect,

consumers generally or a group of consumers.

 

3.25 The unfair relationships provisions in section 140A apply to an individual

relationship between a lender and a borrower. However, the lender may

enter into such relationships with more than one consumer, and in doing

so may, by virtue of acts or omissions giving rise to unfairness, have an

adverse effect on a number of them.

 

3.26 It is not necessary for the harm to each consumer to be the same, or to

be felt in the same way. And in some cases there may be a risk of harm

which has yet to translate into actual detriment. It is not necessary to

demonstrate actual loss to consumers for Part 8 action to be available.:grin:

 

3.27 In considering the scope for Part 8 action based upon the unfair

relationships provisions, the OFT would consider whether there is a

common factor which is likely to make a number of individual

relationships 'unfair' and so harm the collective interests of consumers.

It would not be necessary to demonstrate that there is more than one

'unfair relationship', or to adduce evidence to that effect, if it can be

shown that the common element in the lender's behaviour may give rise

to such a relationship in a number of cases.

 

3.28 For example, a lender may use standard terms in its agreements with

consumers, or may operate in a common manner in respect of borrowers

generally or a group of borrowers. The practice may give rise to

unfairness in each case, or in a number of cases, and so may harm the

collective interest. Again, it is not necessary for the practice to occur in

all cases, or to have the same impact on borrowers. It may be sufficient

that it gives rise to an unfair relationship in one case and has the

potential to do so in others.

 

I'm off to get a copy of the 2006 CCA (I've already got the Enterprise Act), and get the proper wording - I might start kicking a**e on this front.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Also.... this makes great reading...

 

 

 

4.17 For example, the borrower may be unaware that a fee would be charged

 

in a particular case, or the level of the fee, or how this might impact on

the debt. He may also be unaware that rates might increase in particular

circumstances, or were unlikely to reduce in line with changes in the

market. The lender may have failed to disclose relevant information, or

may have done so in an unclear or misleading manner. As a result, the

consumer may not have entered into the transaction in full knowledge of

the facts. He may also have had, in the circumstances, no real choice as

to acceptance of the particular terms.

 

i.e. Accept our charges or we won't give you an account!

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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i.e. Accept our charges or we won't give you an account!

 

 

Or perhpas more importantly accept or no one will give you a bank account since their T&Cs all contain the same essence!

 

So in other words you have no choice as a consumer other than to be forced to accept those conditons because every bank/cc company includes the same terms.

 

Des that make it any worse for the bakns etc and better for us?

 

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

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Read the FAQ section which explains WHY you're entitled to claim back the charges and HOW to do it...Once you've done all that you can get someone to check that your first letter is correct!

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Where do you get your copies of the Acts, Surly? From online or in print/book form?

 

You can either buy them online from HMSO (slightly cheaper than ordering through Waterstones)...however, these are hard copies so cutting and pasting is a bit hard... the glue is a real b*tch to clean off your screen:rolleyes:

 

Else, open the link on the website which brings up an HTML version of the Act... I then cut and paste all the pages into a Word document and then save locally. If you're not reproducing them for commercial gain, then you're not breaching Crown copyright if you quote them.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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  • 3 years later...

does anyone know if this applies to finance agreements as well ?

 

My partner has a vehicle on fiance - we asked to change to date

of the direct debit to suit is salary being paid but they only

would not allow us to pay on the date we requested.

 

The agreement states they can charge us £25 if we do not pay

on the agreed date. I have had some advice to say they may be

forcing him into default because they won't allow us to pay on

our preferred date. We pay the instalments every month, just

cannot do it when they want it because of all our other payments

 

We are thinking of challenging this term of the agreement if we can

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