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Charges - The banks must prove they're fair

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On another well known site, A respected QC advises that regarding charges,


The banks must prove they're fair


The best of all this is the burden of proof is on the banks to prove that the relationship is fair and not the consumers to prove the charges were unfair.


Can anyone point me towards the actual legislation that this comes from?


I can't find any detailed argument that puts the onus on the bank or supplier to prove the fairness of the charges.


Anybody help and point me in the right direction please?


Many thanks



Edited by HomerJSimpson
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  • 2 weeks later...

Thanks for the bump, I have already found what I was looking for.


The post was asking for assistance in finding the relevant legislation. After some digging I found it.


Apologies if I placed a missleading title for the post.



Edited by HomerJSimpson
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I'm sorry but this mis-states the case.


The banks do not have to prove that theri charges are fair. Where the charges form part of their core business, then their fairness or unfairness is not relevant. This is the basis of the decision of the Supreme Court in the OFT case.


Where charges are imposed by a company whose charges are not part of their core business, then yes, then the fairness of their charges becomes a reg.6 issue.


If there is a challenge under reg.5 against charges, thenh the issue is whether the banks imposed their charges by unfair means.

It certainly seems from Oceano Gruppo that the court may have the duty to ake the iniative to decide the fairness of the charges and that the bank might be required to prove their fairness - rather than the customer have to prove their unfairness.

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