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flatwebb

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Everything posted by flatwebb

  1. This is why I got confused and that it was a claim on a current account overdraft charges. I was under the impression that the 'charges are in relation to a service' argument was solely attributed to current account overdrafts, and hence the Supreme Court ruling on them in 2009. Why they are using this argument in your Credit Card claim is beyond my understanding. Following my NW credit card claim, the only argument thus far from NW is that the charges are over 6 years old. There has been no mention of charges are in relation to a service' as an argument. It's interesting, if not odd, therefore that they're using that argument in your respect.
  2. Assuming that's the case, what's your angle/arguement in this instance see as the Supreme Court ruled OD charges couldn't be challenged on the grounds of fairness?
  3. This is in reference to the Supreme Court ruling back in 2009 I would guess...
  4. Interesting, seems like you're gonna be the first to possibly be successful then like you said. On a related note, I paid the balance and closed the credit card account concerned with my claim back in July 2006. In respect of compound interest on the charges, does this mean I should only calculate interest up until the date of closure of the account? I've assumed that was the correct method, but would appreciate some clarity if anyone is able to advise?
  5. Has no one else tried before? That seems odd. Any failed attempts thus far?
  6. Thanks. Would changing to interest in restitution be possible though in my instance? The charges were applied over 6 years ago now (2001-2006). The interest rate I added to my SOC was 19.4%, which was their rate at the time (I think, I might need to double-check that)...
  7. I've sent both to date, and both included a Schedule of Charges spreadsheet with the incurred fees itemised, compound interest etc. My last letter to them (01 July) referenced the above case law and included a final paragraph stating; "If you do not comply fully within 14 days, I shall begin a Court claim against you..." etc, so they know I intend to use court action rather than the Financial Ombudsman Service.
  8. Hi all, I'm about to prepare to submit a claim to Court in respect of Credit Card charges (over limit and late payment fees) incurred between 2001 and 2006. I have all my statements thanks to a Subject Access Request. NatWest have, obviously, refuted my claim thus far. However I'm particular interested in two paragraphs contained within their last letter to me on 3 July, which reads: "Following the publication of the OFT report in April 2006 Royal Bank of Scotland reduced its default charges to £12. Our charges of £12 are in line with the actual and estimated costs of default and with the general legal principles outlined by the Office of Fair Trading's April 2006 statement. It is under the above ruling that we would only review charges applied within the last 6 years, any charges applied prior to this would fall outside the statute of limitations as advised previously." I had already made reference to to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation act 1980 in my previous letter to NatWest. Is it worth following that up now with something to specifically address the two paragraphs above before moving on to Court action? Any suggestions and/or advice would be much appreciated
  9. I have an Advantage Gold account, the monthly deduction is actually now £15 up from £12! In my statements it is identified as transaction type 'CHARGE'. In the description field there is never anything more than a date for the charge and my acc number, e.g. '03JUL A/C ********' Has anyone successfully claimed back these charges as yet? I'd be very interested to know...
  10. I'm also interested in this matter. I have a NW Gold account currently, and have done for many years. I changed to the Gold account when applying for a loan (the loan was repaid last Autumn) under advisement in branch so I could get 1% off the loan interest rate. I have a £3K overdraft on the Gold account which I've not been able to pay much at all off in many years (over 5), the fees are about £40-45 per month. Is it worth me looking into this further?
  11. Thanks for your reply. How could it be deemed as theft though if the money was appropriated honestly?
  12. Hi, I'd like to ask for some advise regarding the following please: My student loan repayments were completed some 5 years ago. In November 2009 I received a letter requesting I create a Standing Order, which I duly called SLC about and they admitted was an error. In November 2010 I received a letter stating I was due a refund of £300.88 due to overpayments on my loan (the same loan for which I had completed repayments several years before). I again contacted SLC by phone to confirm this was accurate and was informed that it was. Fast forward to 29th March 2011 and I have received another letter, this time stating that the refund was made in error and was in fact related to another person's account. SLC are now requesting immediate repayment of the refunded amount (£300.88). Can anyone advise on what my legal position is in this scenario? Am I legally obligated to return the amount or can I challenge this given the events that have occurred up until now? Any help would be much appreciated
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