my cousins case was @ Edinburgh and the shefiff refusesd the sist this is what was recieved The Bank's defence is that: 1. The contractual relationship between the Pursuer and the Defender was governed by the Bank's standard Terms and Conditions. 2. Those Terms and Conditions provided that charges would be applied to the Account if the Pursuer went over her authorised overdraft limit, and for returning items unpaid due to insufficient funds being in the account. 3. It is the Defender's position that the charges were service charges debited in accordance with the applicable Terms and Conditions in place with the Pursuer. 4. Esto, there has been a breach of contract, which is denied, the charges are not unconscionable nor extravagant and are therefore liquidated damages, rather than a penalty. 5. It is denied the charges represent a contractual penalty or fine. 6. It is denied the charges represent an unfair penalty charge in terms of Unfair Terms in Consumer Contract Regulations 1999 (liThe Regulations") Para.B. Paragraph 1 (e) of schedule 2 of the Regulations provides that a term requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation may be regarded as unfair. The Charges are not compensation, but rather a fee for the service provided by the Defender in extending facilities to the Pursuer, all envisaged by the agreement between the, Defender and the Pursuer. 7. The Terms and Conditions are fair having regard to: 1) the cost to the Defender of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits, and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible; 2) the increased risk of loss to the Defender arising from such unauthorised transactions and the associated costs of enforcement and recovery systems; and 3) the need to operate standard procedures and to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case. 8. The terms and conditions complied with all relevant requirements of the Banking Code as the Banking Code was in force from time to time. will i still have to go up to court and defend or do you think they will pay up before hand?

i will give it a try nothing to loose cheers

hi i have a loan with cahoot and have been late a few times and i have been charged for this i think about £38 a time can i claim these back? cheers

cheers

ta i will let you know how i get on is it just the first letter i sent asking for my 5 years worth of statements

hi does anybody know if you can claim back missed payments and late charges on an LX Direct account cheers

hi does this mean that you can get late charges back from NEXT cheers