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enaid

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About enaid

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  1. Thank you, already on FB and twitter, just think people think it wont affect them, but watch this space lol x
  2. The government are proposing to increase the court fee for a general application in civil proceedings ( the N244 application used to ask to set aside a default judgment, apply for a stay, compliance with a 31.14 request, strike out a statement of case... and so on ) from £155 to £255. A large number of people who receive a court claim need to use an application at some point during the defence of their case. I believe this is a disproportionate rise and will have a detrimental affect on vulnerable consumers and only serve to further restrict access to justice. I have started
  3. 1) The FoI request was made by a colleague. 2) The 22,191 figure represents the number of claimants that initially claimed they were in financial difficulty and not the number of claimants that were subsequently deemed to actually be in financial difficulty by the banks. I suspect that figure would be a lot lower. The important figure, for your purposes, is that the sample data indicates that 64% of claimants who were recognised as being in financial difficulty were offered a refund and I suspect this figure would have increased over time for the reasons set out below. But it would b
  4. Our Ref: FOI0914 13 May 2008 Dear Sir Freedom of Information: Right to know request Thank you for your request under the Freedom of Information Act 2000 (the Act), for information in relation financial hardship data that forms the exemption from FSA's complaints handling waiver for banks: 1. To date, or from the latest date available, from the information supplied to you by the banks for consideration in the ongoing review, how many customers making complaints have been identified by the banks as being cases of financial hardship since the introduction of the waiver? 2.
  5. Where does your figure of one million come from? According the the Ministry of Justice it was more like 65000 BBC NEWS | Business | Frozen overdraft claims revealed
  6. Under the Enterprise Act 2002 only designated consumer bodies can make 'super complaints' to the OFT. These currently include Which?, CAMRA, CAB, Consumer Direct and the National Consumer Council. Only consumer bodies designated by the Secretary of State for Trade and Industry (Section 11(5)) can make a super-complaint. Notwithstanding it would be utterly pointless any designated consumer group asking the OFT to investigate bank charges because they already have and failed. Remember?
  7. The Supreme Court judgment effectively quashed any prospect of mounting a challenge on the basis of how the charges were previously accounted for or presented: http://www.supremecourt.gov.uk/decid...0_Judgment.pdf 88. When the relevant facts are viewed as a whole, it seems clear that the Relevant Charges are not concealed default charges designed to discourage customers from overdrawing on their accounts without prior arrangement. Whatever may have been the position in the past, the Banks now rely on the Relevant Charges as an important part of the revenue that they generate
  8. I did a word search for 'forums' in the main document and all the other related documents and it didn't find it once. Maybe Bigdebtor is getting confused with 'Consumer Focus' ? __________________
  9. I don't dispute that but looking at it objectively I believe that there is no legal case for historic misrepresentation and the Supreme Court made that clear in it's judgment: http://www.supremecourt.gov.uk/decid...0_Judgment.pdf ''88. When the relevant facts are viewed as a whole, it seems clear that the Relevant Charges are not concealed default charges designed to discourage customers from overdrawing on their accounts without prior arrangement. Whatever may have been the position in the past, the Banks now rely on the Relevant Charges as an important part of the revenue that they
  10. Plain intelligible language is a UTCCR requirement of contract terms only. A description of a bank’s business model or revenue breakdown is not a contractual term or a regulatory requirement I’m afraid. __________________
  11. Maybe you will find the one you want on here http://www.oft.gov.uk/OFTwork/markets-work/completed/personal/personal-test-case/personal-documents
  12. I think Aequitas is right. The Supreme Court found that both (a) and (b) apply. In particular exemption (a) applied by virtue of the cross subsidy argument which the court found as ''core'' to the bargain. ''Even if the Court of Appeal’s interpretation had been correct, I do not see how it could have come to the conclusion that charges amounting to over 30 per cent of the revenue stream were (para 111) “not part of the core or essential bargain.” (SC judgment page 22) http://www.supremecourt.gov.uk/decid...0_Judgment.pdf
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