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UTCCR Section 5 paragraph 1

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I wonder if anyone can explain shedule 2 part e to me in relation to UTCCR Section 5 as it seems that to me that it is clear grounds for claiming back bank charges and can anyone explain why the OFT didn't challange the charges on both section 5 and section 6 at the same time surely challenging them on two fronts would have been cheaper and more effective than challenging them on one alone. Also has anyone been to court since the supreme court made its decision?

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As far as I know, there have been no more cases yet, however, the Supreme Court say that the OFT can now Investigate and Consumers can claim under Section 5 UTCCR.

 

I believe that the OFT's Case regarding the other Section of the Act was more promising to them and that is why they built their case around that.

 

However, as we can now claim under Section 5, all we need is a good Particulars of Claim which should be on this site and www.moneysavingexpert.co.uk quite soon.

 

I believe that it will be more promising than the 10-20% chance some people think.

 

Now that the Supreme Court has made it decision, the banks will have a hard time trying to argue it or appeal it if consumers take them to court under Section 5.

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I wonder if anyone can explain shedule 2 part e to me in relation to UTCCR Section 5 as it seems that to me that it is clear grounds for claiming back bank charges and can anyone explain why the OFT didn't challange the charges on both section 5 and section 6 at the same time surely challenging them on two fronts would have been cheaper and more effective than challenging them on one alone. Also has anyone been to court since the supreme court made its decision?

 

I have been wondering about exactly the same point - especially since HBOS etc. sending out letters crowing "we won - you lost - high charges does not make them unfair - haha sucker!"

 

It seemed to me the Supreme Court Judges' summary was a very clear hint of how to proceed now. I really don't know why OFT pulled out - other than the major shareholder (HMG) - who also happens to be their boss, having a lot to lose!

 

Having said that I think we can do better without HMG - but we MUST have a template to help us on our way.

 

CAG - please when can we have it?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Has anyone got any views on the template in the Govan Law Centre web site? I am wondering why CAG and MSE are not promoting it.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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