Thanks Buzby, I see your thinking and I accept the point. Is there any best way of him asking the bank to review its position of having taken vitually 6 years worth of interest whilst making hardly any dent in the original borrowing. He's been a stupid, but I can't help feeling that had anyone at the bank contacted him, phone or letter, and said look here if you do this that and the other, the debt would have disappeared by now.

Thanks liamgee, what is the unenforceable route ? Plus anyone else have a view on the duty of care ??

Briefly, I have a relative who has a current account overdraft (with a high street bank), which has he has paid a set fixed amount each month £75. The balance has minutely decreased over the past 5 years, with much of the £75 paying over the overdraft interest at 20%. He has never used the account in 6 years, just had regular £75 pcm being paid in, so the balance has reduced from around £5,000 to £4,000. He has never been contacted by the bank in those 6 years to suggest he transfer that overdraft to a loan. It would seem the bank are very happy with him plugging in a way with the set amount. They have never, once called or written suggesting an alternative ie loan, or increase the amount each month by a small amount. A little whiz on a loan calculator says that the £5K would have been paid off, if he increased his payments to £119 in the 6 years even at the high 20% apr. If a loan of say 7% apr was applied the payments would reduce to £84pcm and still be cleared in the 6 years !!!! At present he still owes £4K. Does the bank have any responsibility, duty of care to advise him, or at least contact him in that 6 year period ? Or is it 100% down to him ? Any ways forward here ? Thanks for reading this.

Claim withdrawn. Can a mod alter the heading. Thanks. I shall donate to the funds set up for those, who have so far, tried to get this ERC charge overturned and lost. All the best to you.

Zoot Originally, it was felt that the benefits of banks etc reading these threads outweighed the disadvantage of them seeing our hand, as it were. Has this backfired ? The banks seem to be reading our mail and throwing it back, particulary on the ERC issue. Is there a case to take the discussion 'underground' until solid footings are in place to challenge them in the courts ? Zoot I have PM'd and e-mailed you on this same subject if you could look at it pls

martdj could you outline the recent directions on abuse of process that persuaded them to pay ?

No costs Zoot

well done willow you're a star

On the basis of the general advice offered in the current climate I have withdrawn the case.

bum,p

Willow Tried to send you a PM but you're all bunged up....... TC

Zoot can I PM you with an option I could do with your views on. Thnaks

Thanks Zoot I have been trying to talk to the person handling the claim for 2 days. The file is not to hand, so hopefully will dicuss today or tomorrow

An y thoughts ??

thanks Darren, your seems to be a charges case and mine is an erc, which is being dealt with ve differently, so i'm reluctant to press the warrant button