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Just a thought.....


Vampyra
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If a bank is continuing to let charges spiral out of control and refuse to address the matter in a "sympathetic & positive way"; surely the bank can be accused of negligence by knowingly breaching the Banking Code and making someone go further into debt after that customer has tried to discuss and resolve the matter with the bank?

 

Negligence is a very strong point and most organisations don't like to hear about it.

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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the banking code isnt legally binding though, its not against the law to break the banking code sadly. in breaking the banking code they are breaking the banking code NOT the law. its the banking ombudsman that takes action against them for breaking it, not the courts if that explains to you.

you have grounds to make complaints on multiple points of the code but you have to go through their stupid complaint procedure for that. as ive said in the other thread id do it after youve finished the proper legal avenues.

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Don't you think that it would be possible to imply contractual duties out of the banking code?

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yes, but as youve said before its subjective. things like fairness are open to the interpretation of the court and we dont have case law here to fall back on because i dont think anyone has ever used the banking code in such a way. it would only be if the contract explicitly ties the banking code in in some way that we could refer to it id have thought though in vampryas case natwest do this it appears from the legal things on their website. it would be best wouldnt it to go after someone with regards to things that are written in stone rather than letting a judge decide what "sympathy" is. does that just mean the bank staff should empathise with the customer???

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Yes, I'm not at all certian that there could be a contractual requirement of 2Sympathy". Far too vague.

 

On the other hand, one doesn't necessarily need a body of case law to help produce an acceptable definition of fairness.

 

I would expect that a court could be quite receptive to the idea of receiving help contained within the Unfair (Contracts) Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999.

 

Both of these statutes are intended to benefit consumers by implying in or implying out certain contractual terms.

Both of statutes are concerned with contracts which are made on the standard conditions of a dominant party.

Both of these statutes are intended in some measure to redress the balance between the consumer on one hand and a dominant business contracting partner on the other.

These are all pretty well the same objectives as the Banking Code.

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I have been away so I have only just caught up with this.

 

When I had a meeting with the area manager (NatWest) he told me that the bank had not acted improperly with the charges, even though he must have known exactly what the charges represented.

 

Since I have joined this group the information I have obtained convinces me that no only is there a financial obligation there is also a moral implication.

 

I am driven to get justice for my daughter, but I am also driven by the fact that when this is resolved I will not stop until it is recognised that the bank staff deliberately kept my daughter in poverty knowingly and that there moral action has put her life at risk; (I had to physically restrain her two days ago when I found her cutting herself) once again I have to ask is this what it will take before all banks take moral responsibility for their actions?

 

Jo

Have you ever known a bank to admit they are in the wrong??

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  • 5 years later...

I kind of no what your going through joe

 

Ive self harmed before and ended up in a mental health hospital.

 

I strongly belive there is a way of fighting through the TOC's the bank hold I.e. the leaflets we get.

 

Banking these days are lealfets and guidelines through other correspondence.

 

Please take a back seat and write to the banks and ask to be considered under hardship regulations. This should hold some gearing sticks for you to sort the matter out.

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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  • 7 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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