Jump to content
law student

Help and information needed.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4137 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

A friend of mine who has had a RBOS credit card for over 10 years has out of the blue had his card cancelled. His limit is 13K and he has an outstanding balance of 5K. He has had no repayment problems over, at least, the last 6 years. They have stated that they are closing his account due to an issue he had with NatWest some 8 or so years ago in regards to a credit card account.

 

This is all rather strange of course, considering they have been doing nothing but putting his limit up for the last 6 years or so. He has issued no claims against any bank/financial institution, this really has come completely out of the blue - he found out today when his card was declined.

 

If anyone has had or is having a similar experience please let us know, or in the alternative if you have any idea where to go to get this sorted out that would be helpful too.

 

We have the BOS details and are just waiting for a letter to come through from RBOS detailing their position etc.


LBA Issued against Halifax (2 accounts) 02/02/07

Still waiting for info on Halifax CC (due 16/02/07)

Contemplating action against NatWest (more than 6 years)

Contemplating action against Direct Auto Finance (PPI mis-sold)

 

Partner

Rec'd info (incomplete) from Halifax 02/02/07

 

Any opinions or arguments I state are purely my own personal opinions and are given purely in the spirit of debate, argument and personal information. If you are in any doubt as to your legal position you should always seek professional advice. Of course, always look for free professional advice from appropriate organisations:).

 

If you are in Kent, check out the law clinic run by the University of Kent at Canterbury and also at Medway.

Share this post


Link to post
Share on other sites

I think that you have to look at an action for breach of contract. It seems to me that at the very least they have violated the terms of the banking code. Although the bank would say that the Code is not contractual and is merely a guide as to how the bank should conduct its business, I believe that it can easily be argued that the Code is incorporated into the contract. The banks would say that the voluntary nature of the code means that the banks are not obliged to adopt its guidelines. The code is indeed voluntary. However if they do decide to subscribe to it then the contents of the code become contractually binding. I would say that the voluntary aspect of it is the discretion which the banks have to become bound by the Code's terms.

 

Let me say that you will find considerable resistance from the bank and it is likely to get very sporty of you litigate on this point. The banks would be very unhappy if it became official that they were bound by the code. I am not aware that anyone has litigated on this point before but I think that it is high time that someone did so and we would be very pleased to help as much as possible.

 

If the account is not yet closed then I would suggest moving very quickly and apply for an interim injunction - I am talking about making an emergency application next Monday.

 

Does your name begin with P? If I am not mistaken, I believe that this kind of thing would not be altogether new to you.


Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Posts

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...