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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Bank Charges Campaign Continues


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Good for you Termi ,, I remember that starting ... go for it ... I'll certainly sign it ... :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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My OH sent an email using the Which? template back in June.

 

Dear Jeremy Wright

I am writing to ask you to urge the government to take strong action against the banks over

unarranged overdraft charges. Banks make a huge amount of money from these charges so I do

not believe they will make changes that deliver real benefits to people like me unless the

government takes action and forces them to change their approach.

Like many of your constituents, I was very disappointed by the Supreme Court decision that

denied the OFT the right to assess banks’ terms and conditions on overdraft charges for fairness.

Some of the charges for unarranged overdrafts seem completely disproportionate and are difficult

to understand. You generally don’t even know when you’ve been charged until after it has

happened and it is hard to believe that these charges are cost-reflective to your bank. Getting hit

with a charge can often make your money problems worse.

The Coalition agreement clearly states that the Coalition “will introduce stronger consumer

protections, including measures to end unfair bank and financial transaction charges”. I

understand the government is currently considering the case for changing the law but it is obvious

the banks will campaign relentlessly against any tough changes and will try and secure support for

a voluntary approach. I am concerned this will just result in more years of no action and unfair

charges. I would therefore be grateful for any assistance you could offer in making sure the

consumer voice isn’t drowned out and ensuring the banks don’t, yet again, manage to wriggle their

way out of reforms.

I was very pleased to see the pledge in the Coalition agreement and hope you will help ensure

that the government stands by their promise. The banks have enjoyed a huge amount of taxpayer

support and I believe it is about time that they were made to charge consumers in a fair manner

Yours sincerely,

 

This is the response he got back this week.

 

Bank Charges response from Jeremy Wright MP -  10 August 2011.jpg

 

Thank you for contacting me about overdraft charges and I am sorry for the delay in responding. Although interest rates are at a record low, charges on unarranged overdrafts have not fallen proportionately.

The Government committed in the coalition agreement to introduce stronger consumer protections including measures to end unfair bank and financial transaction charges. This commitment is being taken forward as part of the joint Department for Business, Innovation and Skills and HM Treasury Consumer Credit and Personal Insolvency Review. Following a call for evidence, the Government is now considering the available evidence before publishing specific proposals.

More broadly, the Government is taking action to curb unsustainable lending. The Consumer Credit Act came into effect in February. The Act gives consumers up to 14 days to cancel many new loan agreement and the option to make partial early repayment on loans. Lenders are also required to give borrowers standardised, pre-contractual information to help them compare loans, ensure customers understand their loan, and check a borrower’s creditworthiness before agreeing a loan.

I can assure you that Ministers are actively considering the broader points you have raised about overdraft charges.

Thank you again for taking the time to contact me.

Yours sincerely,

Jeremy Wright MP

Edited by caro
Type in text of letter
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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Night Owl, I thought of something you might like to ask your MP about, although you might need to do a bit of homework on it first.

 

I was thinking about what the Supreme Court judges said about there may be scope for charges to be unlawful. Perhaps you could ask your MP if anyone is doing anything to look at what was said to further investigate if bank charges are indeed unlawful.

 

If a senior judge has said that they are, then surely it warrants further investigation.:wink:

 

Cheers for that Caro :D

 

PS can't read your O/H's reply above!! tried enlarging it but it's all blurred ....................or is it just the wine I'm on!!!!!

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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It'll be the wine NO. Try watering it down a bit! :razz:

 

On second thoughts I'll have another go with it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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:lol: hic!

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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I've typed in the letter now.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just found an e-petition to the Government that I think is rather good, although not got many signatures yet.

 

When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

 

http://epetitions.direct.gov.uk/petitions/6571

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Maybe time to shake their complacency a bit caro :roll: ... there is another petition I saw today managed to get 100,000 signatures .. and should now be investigated by parliament .. soo we need to aim high .. get everyone involved ..an ACB ! (all Caggers Bulletin ! LOL )

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Yes I saw that Johnny about the Hillsborough disaster. It's how to motivate people that's the problem.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi folks.

 

Today I have had a very productive meeting with my MP.

We discussed everything to do with Bank Charges and their lasting effects on vulnerable people, and the way to take this issue forward in Parliament.

 

Please go and see your MP's and tell them what you think of the Banks actions over Bank Charges and how they have affected you.

If you can't see them, E-mail them.

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

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Thanks ims. The petition needs to be publicised. I don't know if the person who started it is a cagger or not. Perhaps citizenb could promote it in the newsletter. That'd be a start and if we all put it a link in our sigs maybe others will pick it up.

 

Glad to hear the meeting went well NO. It's not long until the ICB recommendations will be considered by Parliament so I agree with you. MPs need to know the views of the people who elected them,

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks ims. The petition needs to be publicised. I don't know if the person who started it is a cagger or not. Perhaps citizenb could promote it in the newsletter. That'd be a start and if we all put it a link in our sigs maybe others will pick it up.

 

Glad to hear the meeting went well NO. It's not long until the ICB recommendations will be considered by Parliament so I agree with you. MPs need to know the views of the people who elected them,

 

Ok, 2 more added.. after they send the links..

 

 

will add to my signature.. and arrange for it to go in the newlsetter next week :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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My signature has been duly amended!

 

Did a little bird tell me that there was a birthday a couple of days ago caro? Hope you had a goodie.

 

ims

 

That little bird needs shooting! :p Thanks ims it was a goodie! Had a brilliant time!! :-D

Ok, 2 more added.. after they send the links..

 

 

will add to my signature.. and arrange for it to go in the newlsetter next week :)

 

Thanks CB. Little acorns and all that. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, I'm not 100% certain, but maybe we should check every couple of days.

 

I remember signing another No. 10 Petition some time ago, but then you could see the signatures. Now in the FAQs it says you can't, so how is anyone supposed to check that their signature is actually on there?

 

Maybe the site team members who haven't already signed, and their families/friends could all sign on one day and then it would be possible to check if the number of signatures has risen to reflect this?

 

DD

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