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Contractual interest?


Glenn UK
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Bong - i like the paragraph you posted a while back:

 

 

"The claimant will rely on the statement of the Office of Fair Trading concerning default charges in credit card contracts, published on 5/4/2006 to demonstrate that; in a consumer contract, where the parties are not of equal bargaining power, any estimate that included costs which could not legitimately be claimed as damages from an individual consumer in a case brought at common law, and which made a material difference to the overall charge, is likely to constitute a penalty at law."

 

 

I know this applies to CC and not c/a, but the OFT released a statement to say they were going to approach bank charges the same way. do you think it would be unwise to try and include it for a c/a claim, with alterations. can't think of a way to word it, making clear the difference, but bringing it to attention of the court.

 

P.S. sorry willow, didn't mean to offend your sensibilities!! not me of course.....but so i've heard!! LoL

BANK: Halifax

CHARGES: 2994

CONTRACTUAL INTEREST: (29.8%)

PRELIM SENT: 4/10/06

ACKNOWLEDGED: 18/10/06

PULTERY OFFER RECEIVED: 26/10/06

NEW & IMPROVED PRELIM SENT: 7/11/06

FINAL LBA : 17/11/06

N1 SUBMITTED: 18/12/06 (deemed served 20/12)

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Bong - i like the paragraph you posted a while back:

 

 

 

 

I know this applies to CC and not c/a, but the OFT released a statement to say they were going to approach bank charges the same way. do you think it would be unwise to try and include it for a c/a claim, with alterations. can't think of a way to word it, making clear the difference, but bringing it to attention of the court.

 

wd take a look at my particulars of claim (6a) for a bank account http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest-3.html#post364381 that might help.

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cool..will do

 

thanks.

 

wil.

BANK: Halifax

CHARGES: 2994

CONTRACTUAL INTEREST: (29.8%)

PRELIM SENT: 4/10/06

ACKNOWLEDGED: 18/10/06

PULTERY OFFER RECEIVED: 26/10/06

NEW & IMPROVED PRELIM SENT: 7/11/06

FINAL LBA : 17/11/06

N1 SUBMITTED: 18/12/06 (deemed served 20/12)

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Good evening guys, think I've finalised my PoC! woohoo!!

 

much thanks to you all in here (and Glenn for not winging when his thread became anything but!!) learned a lot from here, clicks all round!

 

posted the PoC here : http://www.consumeractiongroup.co.uk/forum/post-429945.html

 

Could someone be so kind as to give it a butchers for me? just to check for glaring omissions/errors.

 

cheers folks!

 

willy.

BANK: Halifax

CHARGES: 2994

CONTRACTUAL INTEREST: (29.8%)

PRELIM SENT: 4/10/06

ACKNOWLEDGED: 18/10/06

PULTERY OFFER RECEIVED: 26/10/06

NEW & IMPROVED PRELIM SENT: 7/11/06

FINAL LBA : 17/11/06

N1 SUBMITTED: 18/12/06 (deemed served 20/12)

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Forget the OFT, who are just being wusses !! The Financial Ombudsman have gotten off the fence after last nights programme on BBC2 and the chief Ombudsman has posted a statement VERY strongly in our favour !! I Particularly lik the declaration that banks should produce evidence of the actual costs !!

This can also be downloaded as a PDF ( might be useable as part of Court bundle, (if the Mods feel suitable (??) )

 

issue 57 - October/November 2006

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Thanks very much for that photoman. VERY useful - infact I'm so surprised to see something so definitive and positive - he seems to be really putting his neck on the line. It would be a waste if it wasn't used to back up our claims.

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But this is a kind of cop out for them I think

Although the FSA regulates banks' deposit-taking and complaints-handling, its statutory remit does not cover the conduct of their lending. This is more a matter for the OFT (Office of Fair Trading), which has announced that it is investigating the issue of bank default charges.

 

There's another thread on this topic somewhere.

[

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Never mentioned Contractual interest though. It'd be nice to see that arguement fought out in court.

 

I'm upset at the mo as my friend bottled for 8% rather than push. But I'm pleased for her too. She now pays off all her debts and has some for Christmas.

 

Hoping another friend of mine does the whole way with the contractual thing.

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No mention of much specifically, but i think the last 2 paragrphs are pretty explicit, and another reference for us to use in the court stages of claims. every little helps!

 

missed the bbc show last night, set the video and my housemate changed the channel!! Anyone know of a place on t'interweb i could see it?

BANK: Halifax

CHARGES: 2994

CONTRACTUAL INTEREST: (29.8%)

PRELIM SENT: 4/10/06

ACKNOWLEDGED: 18/10/06

PULTERY OFFER RECEIVED: 26/10/06

NEW & IMPROVED PRELIM SENT: 7/11/06

FINAL LBA : 17/11/06

N1 SUBMITTED: 18/12/06 (deemed served 20/12)

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Never mentioned Contractual interest though. It'd be nice to see that arguement fought out in court.

 

I'm upset at the mo as my friend bottled for 8% rather than push. But I'm pleased for her too. She now pays off all her debts and has some for Christmas.

 

Hoping another friend of mine does the whole way with the contractual thing.

 

Friend A: You can't buy time, so maybe the 8% was a good deal, here !

Friend B: ...But you get more bangs per buck in the January sales !

 

A & B: Enjoy !

 

No mention of much specifically, but i think the last 2 paragrphs are pretty explicit, and another reference for us to use in the court stages of claims. every little helps!

 

missed the bbc show last night, set the video and my housemate changed the channel!! Anyone know of a place on t'interweb i could see it?

 

Hi Wil - I could do with some of your adrenalin, but I'll settle for the old Jungle Juice. I thought I had got that prog down on DVD, and was gonna upload for all here, but same prob - better half thought better !! There were a coupla posts elsewhere here suggesting someone might be able to LimeWire it - or perhaps Bit Torrent, even ! Keep an eye out for it. Personally (apart from Vamp's cameo, of course !) I wasn't knocked out. I much preferred the CAG rally footage (links available for a small fee !!)

 

To each his own - we jack up on what's available. Fermented bananas in my case.

 

Pleased ta meet ya,

 

Bill.

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Guest willowb
Never mentioned Contractual interest though. It'd be nice to see that arguement fought out in court.

 

.

I vote for Bill to do that job......regardless of his inexhaustable knowledge and determination on the subject......they'd s*** themselves at the mere sight of his grumpy gorilla face:D

 

:p

 

Wxxx

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