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Was I Warned In The Smallprint?


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Hi All, sorry if this has been asked before. Have searched the site somewhat, and can't seem to find the answer.

I am very keen to start the recommended proceedings against my bank, but have this question first, to save getting egg on my proverbial.

I opened my account around 12 years ago, so do not have the documentation I originally signed. But is it likely, that in the smallprint, I was made aware in advance of the exact costs I would incur?

If this was so, and I signed on the dotted, surely I would be unable to recover the charges?

Hope my question makes sense. And apologies again if this has already been covered.

TIA, Mart.

Don't Let The Bar-Stewards Grind You Down!

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Guest NATTIE

Under contract law you can only be charged what it costs to return an item so/chq/dd. So the answer is YES you can claim. It is unlawful

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Hi welcome

 

NSM is correct it doesnt matter what you signed funnily enough. The contract has to be fair and the T&C allowing banks to chagre penalites are deemed unfair.

 

FWIW I doubt the T&C you signed acutally stated the actual fee, only guessing but it would mean every time the bank changed its rate up or down a bit they would have to throw out all the old literature and start over.

 

Oh and there was a T&C which alloed them to vary their t&C too without getting you to formally agree i believe.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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To simplify matters somewhat, legally, you cannot be forced to agree to an unreasonable term in a contract. For example, if I wrote a contract that included a term requiring you to sell your children into slavery if you owed me money, this term would be unenforceable.

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To simplify matters somewhat, legally, you cannot be forced to agree to an unreasonable term in a contract. For example, if I wrote a contract that included a term requiring you to sell your children into slavery if you owed me money, this term would be unenforceable.

 

I think the presumption is that you are a consumer dealing with a bank or similar ogranisation.

 

Small point but important if your chasing business debts i believe.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Share on other sites

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