Jump to content

 

BankFodder BankFodder

RedDeath

Registered Users

Change your profile picture
  • Content Count

    320
  • Joined

  • Last visited

Community Reputation

114 Excellent

About RedDeath

  • Rank
    Basic Account Holder
  1. I am claiming against LTSB, however their T&Cs state that for accounts opened in scotland then scottish law applies. Does this preclude me from taking them through the English systems?
  2. Hi Folks, I have a general PPI question that I was hoping someone could comprehensively answer. When taking out PPI insurance this is usually added to the total loan amount, and then interest charged on it. Is this process unlawful at all?
  3. Seems I am now going to go down the FOS route. Can I push CI through the FOS and maybe even damages? Or am I stuck with just the charges and statutory interest?
  4. Now I am totally lost....so I claim for damages then?
  5. No, the loans were not taken out from the same bank. I was defaulted in March 2002 on 2 accounts, this in turn killed my credit record. I am arguing that had the bank charged the real £2-£3 that they are entitled to then I would have been able to keep up the repayments as the bank had taken £500 in 3 months prior to the defaults. In turn the defaults meant that when I needed to borrow money for a car this was done at higher interest rates due to my credit rating. So I am arguing 10% consequential losses on the lifetime of the new loand. 20% that I paid compared to 10% I should have been able to get from a normal lender if the defaults hadn't occurred. The 2nd loan was because i had been hammered to the tune of £1800 in bank charges over 6 months. Again, same logic, but for this loan i am claiming back the full amount. All in all it is coming to around £8000. I am also considering adding further consequential damages for the state my credit record is in at the moment, but I am still not 100% sure on this one and how to quantify it.
  6. Progenic. I think you may need to distinguish between consequential losses and damages. I am claiming for the consequential losses due to the charges. Basically the interest on 2 loans that I had to take out to cover the charges. My arguement remains the same, had they only charged £3 (true costs?) then I would have had more money to repay other financial comittments. Just from your signature I see you have a few claims all with damages happening at the same time...it may be hard to prove the actual damages you incurred if the total claim amount is quite small.
  7. Hi Debt Mountain, Interesting thread, just one question if you don't mind. Do Clysdale's term and conditions in any way specify what law applies? If its scot's law then you may not be able to claim in an english court and could have the claim struck out for it I believe.
  8. Hi progenic, I actually live in scotland and am bound by scots law. (unfortunately). Which leads me to the next point...after muchos tequila I have decided to go down the FOS route...so letter to TSB going out tomorrow morning with CI & damages and after 14 days I will deem their usual lack of reply as their final offer and go through the FOS. This is not the course of action I was wanting, however, judging by the whole jurisdiction process I feel a little safer going through the "proper" route. Guess I will just have to wait and see what the FOS say.
  9. In theory yes, in practice no as this could be deemed unfair enrichment.
  10. hehe...I'm sure Gary won't mind. Oh, letter looks good, Watchdog or Whistleblower could be interested in this one, especially due to the anguish that you have been through. Anyway, hope you are keeping your heads above water.
  11. RedDeath

    Progenic V's MBNA

    Same boat progenic, Some interesting points regarding damages on my thread...there seems to be quite a divide between those who feel that you can claim back damages and those who don't... http://www.consumeractiongroup.co.uk/forum/lloyds-bank/54034-reddeath-lloyds-tsb-10.html
  12. RedDeath

    Progenic V's MBNA

    subbing in on this one...great fighting spirit mate!
  13. Yes...I would relish the day in court as well. Just asking for them to disclose the true costs in relation to charges would be quite entertaining. I'm going for damages as well and Brennan's case makes an interesting high profile tester case... PM...sorry for hijacking this thread. The time must be close for you so I take it you may have gone underground at this stage. Good luck!!!
  14. FAQs - complaints about bank charges You can complain to the FOS (Financial Ombudsman Services) for the threatening letter to close your account, as you do have the right to complain. There are a couple of templates there that seem quite good, though I have only scanned at them. However, seems to imply that you may get some kind of compensation for them closing the account...so....depending if you can live without the account, it may be worth getting them to close it and then puruse another little claim against it. The FOS would handle the whole lot so possibly £200 for 1 letter, oh and their bully tacticts get reprimanded as well. Good luck with it, not long to go now before they pay up.
  15. BBC NEWS | Business | Court adjourns bank charges case Well, friday the 13th has come and gone and Tom Brennan's case has been post poned...the banks bought more time. Seems to be raising all sorts of arguements... http://www.consumeractiongroup.co.uk/forum/general/80802-tom-brennan-natwest-could.html Bank Fodder's thread was quite interesting as well... http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.htm I thought that the guy was claiming for damages, turns out it is tort. Nice! When claiming exemplary damages I take it that these should be based on the principle that no one should profit from this situation. So how would you go about quantifying it? I thought every month when they took the charges get allocate the same value in shares at that time...then when claiming state xxx shares = £££££ Yes, I really do have ££££ in front of me. I take it that Claims + CI + Damages + Exemplary Damages = BAD IDEA
×
×
  • Create New...