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Have I opened a can of worms?????

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They charge us interest at weekends, and on Bank Holidays - so why should our timetables be suspended?


Alan, Derby, UK.

 

 

 

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To quote someone else's post somewhere on these forums:

 

They charge interest on Sundays and Bank Holidays - so do we

 

or summat like that!


If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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As far as I can tell, yes Bank Holidays count in the 14 days - my A&L claim was deeemed to be served on 5th April, and the court say they have until 19th April to reply - puts us nicely over the Easter weekend :D

 

Cheers

 

Michael


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

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HA HA.

 

Just realised that 3 of my county court claims also have this extra IRONIC twist to the timings!

 

Fantastic!

 

Baz


Halifax - Won £425.00

American Express - Won £90.00

Woolwich Bank - Won £2280.00

Barclaycard - Won £558.00

Woolwich Bank - New claim for £723.00 entered.

Barclaycard - New claim for £236.00 entered

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Part 2 of the Civil Procedure Rules will give you your answer. Bank holidays are only excluded from part of any time limit if the original time limit is 5 days or less and one of those days is a bank holiday - the bank holiday is excluded in this circumstance.

 

Also if the last day for complying with a time period is a day when the court is closed the period will be deemed to have been complied with if the relevant action to comply with the time limit is done on the next day that the court is open - so if the last day of the 14 days is a bank holiday or a weekend day (the court is always closed on these days) then filing the defence on the next day that the court is open would be sufficient.

 

Take a look at http://www.greenbook.co.uk for all the Civil Procedure Rules.

 

Hope this helps :)

  • Haha 1

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Today received notification that Natwest have acknowledged our claim on 20th April and that they have 28 days to submit a defence...so is this 28 days from the 20th April or when the claim was deemed to have been served (ie 15th April)?

 

I also have a problem in following the progress of the claim as I have forgotten the password and although I requested a new one to be sent, the email has never reached the email address I gave...so they have logged it with their technical guys. As there seems to be a delay in getting replies to emails is it worth risking an arguement with hubby (don't ask!) and getting him to ring up so that it can be reset or is this a problem that can easily be solved ? (Thinking of Natwest submitting a defence and us not knowing etc!)

 

Also is there a pattern of Natwest's actions as some people seem to be getting their money refunded on the 1st letter and others going the whole hog and havng to go throught the court system.

 

editsign.gifCAN YOU PLS STOP STARTING NEW THREADS EVERY TIME YOU HAVE AN UPDATE? IT'S TAKEN 15 MNS JUST TO PUT THEM ALL TOGETHER, IMAGINE IF ANYONE WANTS TO FOLLOW YOUR STORY!!! THANK YOU. THREADS NOW JOINED.

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....so is this 28 days from the 20th April or when the claim was deemed to have been served .....

 

From the date served.

 

...so they have logged it with their technical guys. As there seems to be a delay in getting replies to emails is it worth risking an arguement with hubby (don't ask!) and getting him to ring up so that it can be reset or is this a problem that can easily be solved ?....

 

Perhaps just give them a little linger to resolve it for you. In the unlikely event that they DO actually submit a defence, you will receive written notification, and more forms to fill in.

 

We can cross that bridge later, if needed.

 

Best of luck - not long now!!!


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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28 days from when it was served


25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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That means you're exactly 10 days behind my claim, and I got a cheque this morning... how exciting is that???

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Ah the difference is Bookworm is that my claim is for £2K+ so they might not be as quick with our cheque, lol!

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True, very true. Ah well, we live in hope anyway.;)

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she says peering into the cyber-claiming back charges equivalent of a pregnancy testing kit, lol!

 

Claim was deemed to have been served on 15th April 2006.

Natwest acknowledged said papers so they get 28 days from when served (ie 15th April 2006) to submit a defence.....so they have until 13th May 2006 right?

 

So unless they submit a defence by next Saturday we will have won by default - correct?

 

If so this is going to be the longest 7 days of my life.

 

Also as we seem STILL to have on-going problems with the moneyclaim on line website can we apply for said judgement by default (assuming they don't submit a defence!) over the telephone?

 

Again many thanks.

 

editsign.gifTHIS IS THE LAST TIME YOUR THREAD GETS MOVED, NEXT TIME, IT WILL GET CLOSED. PLEASE DO NOT START NEW THREADS FOR SAME CLAIM!!!

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editsign.gifTHIS IS THE LAST TIME YOUR THREAD GETS MOVED, NEXT TIME, IT WILL GET CLOSED. PLEASE DO NOT START NEW THREADS FOR SAME CLAIM!!!

 

Sorry I didn't realise that I should post in the same thread......honest!

 

Hopefully the next time I post it will be to say that Natwest have coughed up £2K+, lol!

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Well, you should! Look at post #31!

 

Apology accepted, and I hope so too!!! :D (that your next post is about your refund, I mean.)

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Yes, your dates are right, no, I don't think you can claim default over the phone, but phone the MCOL helpline and they will tell you one way or another for sure (then confirm it here, pls!)

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They have until 15th. As the court is closed on 13th May they are allowed to file on the next day that the court is open - i.e. 15th so you probably wont be able to enter a default judgment until 16th.

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2/3 days to go and not a peep from Natwest.......

 

This is definitely the longest week of my life.

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Have faith!!! They will most liekely settle out of court a few days before - seems to be their common procedure.


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<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

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Its now getting scary.

 

Have come home from a night on the tiles to find a letter from Cobbetts Solicitors in Manchester who have been appointed by RBS to act on their defence, complete with a defence.

 

They have also asked for further information and clarification on a number of points - the first two are easy enough as they ask for account details together with specific details about the chrges (like how much, when applied etc) - but the third question is stumping me. It states:

 

In your claim you state that the charges are " invalid under the Unfair (contracts) terms Act 1977 s.4 and under the unfair terms in consumer contracts regulations 1999 para 8 and sch.2 (1)(e)" and "unreasonable within the meaning of the supply of goods and services Act 1982 s.15

 

Please specify all of the facts relied on by the claimant in supoport of the contentions in the above paragraph.

 

 

Any help would be gratefully recieved ......and what is the likely next step....is this likely to go all the way to court guys and gals?????

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I had a sneeky feeling Natwest were about to start using another solicitor (http://www.cobbetts.co.uk) noticed that they copied emails to someone there when they reply to emails....

 

surely "invalid under the Unfair (contracts) terms Act 1977 s.4 and under the unfair terms in consumer contracts regulations 1999 para 8 and sch.2 (1)(e)" and "unreasonable within the meaning of the supply of goods and services Act 1982 s.15" is explanation in itself??!??

 

I assume that you know need to complete the court documents to proceed (Court Allocation Questionnaire ). Check in the FAQ for details.


Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

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of where this is leading.

 

So basically under the Unfair Terms of Consumer Contracts regulations 1999 Section 2 states that the charges are considered unfair as they are dispportionately high in comparison with the amount of work involved in bouncing a dd etc.

 

Under the Supply of goods and services 1982 the charges are above what is considered reasonable so illegal.

 

But what does section 4 of the unfair (contracts) terms act 1977 state....have searched the internet but must be missing the blindingly obvious!

 

I'm hoping that when they get details of hubby's account that they simply check the dates of the charges and cough up....well I can hope can't I????? As yet have received no forms through the post but as the defence letter is only dated 12/05/06 I'm guessing that the courts paperwork is still in the process of coming to us.

 

Now that they have put in a defence (although they have asked for this further info) can they - and do you think they will - settle before it gets to court????

 

What I still fail to understand is why they are making some people jump through hoops and simply paying up for others. Whilst I appreciate it might have something to do with the amounts involved, surely if one person's charges are illegal then it stands to reason that another person's charges are also.

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They can and will settle before it gets to court... They are trying to intimidate you...

 

 

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred bythe other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

 

(2) This section applies whether the liability in question--

 

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

 

(b) is to the person dealing as consumer or to someone else.

 

Basically you are saying (amongst other things) that the clauses in question ask you to indemnify them for any loss caused by your breach of the contract (ie going over limit/requesting dd when no funds in a/c etc) This clause is unfair because it specifies an amount that bears no relation to the actual cost of the breach.

 

To try to ensure your mind is at ease with dealing with these solicitors... In essence as a general rule (I think) people are asking for charges back on 3 possible premises...

 

i) It is an unfair clause (statutory - UCTA/UTCR) or in alternative

ii) A penalty clause (common-law) or

iii) A disproportionate charge (if have to conced that it is a service) (Contravening SGS)

 

These solicitors know exactly what you are claiming... They are pushing you to know if you know what you are claiming and not just following the herd, trying to get you to back down... Stick with it ! :D Don't let them intimidate you.

  • Confused 1

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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I have received the same defence paperwork from the solicitors. They state "without prejudice" on a lot of the forms... doesn't everything have to be done through the courts with full transparency?

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If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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I have received the same defence paperwork from the solicitors. They state "without prejudice" on a lot of the forms... doesn't everything have to be done through the courts with full transparency?

 

"Without prejudice" communication is theoretically designed to be excluded from court proceedings as a means of trying to come to an ex-judicial resolution to a dispute.

 

(For those that are more interested or for further information if neecessary heres the complicated law stuff !!!;) )

However... Following Cutts v Head (1984 case) any negotiations genuinely aimed at a settlement of a dispute, whether oral or in writing, are not admissible in evidence. Whilst Buckinghamshire CC v Moran (1989) shows that labelling documents "without prejudice" does not automatically rule those documents as inadmissable.


If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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