Sheriff puts Bank of Scotland to proof on bank charges

[mark1arby]

Subbing as well. Thank GOD for the JOCKS!!! Stormy, Ginger Haired Buggers NEVER GIVE IN!!! LOL I Love `em!!!

[luckysandpiper]

I have started a complaint and refund request using these specific arguments against a well known name (saying no more for now). I was quite surprised when it was taken immediately high up the line of command.

 

Excellent work GLC!

 

I have done the same even to quoting the Scottish case, and I would be greatly surprised if if was a different bank to you Rhia . The lying toads even tried to tell me that the OFT was defeated on Reg. 5 . They seem to assume that their customers can't read.

 

LSP

[fergal71]

june 2010 is just another carrot in my opinion and will not resolve anything and will not open the flood gates.... each case will still have to be taken to court and the govan case just holds up thousands of others waiting for outcome.... I bet my hat eating that it does not open floodgates and that all individual cases still need to be challenged.... like I have said many times we need to bring a bank to its knees and challenge the government especially at this time when they need our votes. what needs to happen to the British public before we do something about it?

 

MP's stealing expenses

Lords selling Laws to companies

Banks stealing from poor to make sure in credit customers dont pay

credit reference agencies having no legal right to hold our data?

0845-0870 numbers

late payment fees

overlimit fees

contact centres moved to india etc ( poor customer service to save money)

Banks bailed out and brought country to its knees yet still pay huge bonuses to keep best people( which people are these, those that made mistakes in first place)

justice for victims and not criminals

 

I am sure there are many more?

 

what is it going to take before we collectively do something about it....

 

voting for the 2 major parties is not going to change things....

 

asking them to listen is not going to work either

 

The only thing that will work is direct action that will make them listen????

 

In this day of facebook, twitter and internet we have more power than ever before yet we seem less willing to utilise that power and more willing to let somebody else try and then decide if we can try( govan case)

 

frustrated ( australia for me , I think)

[Poor-Credit Borrower]

Thank you fergal71, I have signed the petition for Number 10 now. Yes, as you have already implied, many members of the British public are just reluctant to complain about anything!!

[bustthematrix]

GLC

 

Great work guys, great work. Thanks for giving us all something to hopefully re-adress this issue with.

 

May it all go excellently well on the day.

 

I pray you will be very well prepared for the victory which you and your clients are due as the banks have an awful lot invested in this charade judging by how hard and far they appealed it the first time.

 

Still, I think the fact that the SC ruling offered that there may be other more effective avenues of contestation, which of course you are exploiting here, says a whole lot without saying too much!

[AA99]

Also read...

 

The Consumer Forums - FAQ - The New Bank Charges Position

 

HTH

 

Hi CitB:) Have just come from there and quote below. Where do we send these letter to:???:

 

Q. What about other banks?

A. If you have Terms & Conditions from any bank or correspondence from any bank or court documents filed by any bank in which they have tried to justify their charges by claiming that they are set at a fair level because they reflect their administrative costs or because they permit a reasonable level of return then we would like to receive a scanned copy – without the identifiers removed. We will never reveal your identity to anyone but we need to see it untouched.

We are sure that the necessary documents do exist because all of the banks have followed the same line in trying to defend their bank charges.

If you have this kind of document then you should consider suing your bank in the County Court on the basis that they abused their dominant position by misrepresenting their charges to you contrary to the requirements of good faith and that you suffered detriment because you agreed to pay them and this caused you detriment.

[photoman]

Congratulations to GLC for achieving this.

 

Will be watching this unfold with great interest.

 

PM

[Its WAR]

My bank have applied for my claim to be struck out, the hearing is in April.

 

I have not yet amended my Particulars of Claim. I am waiting to see how GLC get on.

 

Should I amend my claim before the hearing?

 

Are there costs implications if I lose and the claim is struck out?

 

Is there any info on defending the application to stike out?

 

I had previously obtained judgement by default. This was set aside. Now I face the strike out...and thats before I get to a real hearing.....

 

I reckon it better to get the strike out hearing stayed until after GLCs hearing.

 

What is my best course of action?

[AA99]

I reckon it better to get the strike out hearing stayed until after GLCs hearing.

 

What is my best course of action?

 

Maybe we should all turn the tables on them like they did with delaying responses until the Manchester Case was heard:???:

 

We could all write a letter using the reasons as given below, and say we'll wait until 10 June:???:

[bustthematrix]

This is amazing progress Mike. I'm sure that we are all watching carefully

 

Dear BF

How does this work and the arguments used by GLC relate to your writings relating to the matter of claims based on banks' misrepresentation regarding their bank charges?

 

The Consumer Forums - FAQ - How do I reclaim my bank charges if they have been misrepresented

 

You also mentioned there were a couple of cases against Lloyds and Abbey which are in progress using the misrepresentation argument. Any update on these please?

 

Muchas Gracias!!!

[bustthematrix]

Hi CitB:) Have just come from there and quote below. Where do we send these letter to:???:

 

Hi All

 

This is a great question by AA99, where and how do we send any of the evidence we may have against any of the banks for the purpose of building the 'Evidence Library' cited in the article?

[bustthematrix]

I have started a complaint and refund request using these specific arguments against a well known name (saying no more for now). I was quite surprised when it was taken immediately high up the line of command.

Excellent work GLC!

 

Hi Rhia

 

Well done. Not wasting any time eh? I take it you've read the relevant laws as above and have argued them accordingly? Any chance you can share your letter/template (I know it's early days...). You can PM if you prefer. Thanks.

[reignoffire]

Great thread. Subbing.

[mark1arby]

Subbing. Please Carry On!!!

[georgieboy]

Could we send this news page as back up to the court when asking them to agree POC amendments ??

[srfrench]

Just include the line in your application:

The Claimant respectfully draws the attention of the Court to a very recent decision in the Glasgow Sheriff Court on the 19th February 2010 – a bank charges case against the Bank of Scotland [boS], the Sheriff accepted that the burden of proof was upon the Defendant bank to prove the fairness of their Charges and has ordered the BoS to disclose the information to do so. The solicitor in this case was Mike Dailly of the Govern Law Centre.

[citizenB]

Hi CitB:) Have just come from there and quote below. Where do we send these letter to:???:

 

AA, I have just sent you an email address by pm.... can you please send it there. Thanks.

[georgieboy]

Thank you for that srfrench - will do.

[Dysexlic]

This is such great news!

 

 

I gather from the posts above that RBS has not attempted to strike out as had their claim as yet. Unfortunately I have, and my local court are agreeing that I should amend my POC. I know that I will be using Regulation 5’ of the Unfair terms in Consumer Contracts Regulations and Section 140 of the Consumer Credit Act 1974 as the basis of my claim but dont have any idea on how to word it and feel that I cant keep waiting. Can anyone put any light on this for me as I feel that the court will lose patience with me very soon.

 

I actually have two seperate claims with RBS, the one i am currently dealing with is rather less than the second and I'd like to get his right before i change the POC on the larger claim.

The following is my attempt at having a go at the wording.. can someone please read through to see if I am anywhere near getting it right?

'

The Claimant held account number 000000000000000, sort code 00000 with the Defendant. Defendant debited charges in iro of purported breaches of contract between March 2001 to March 2004. Defendant has been supplied with a list of spread sheet of charges with interest. Claimant contends; a – The charges exceeded the Defendant’s losses caused by such breaches ; b – The Term permitting the Defendant to levy such charges is unenforceable under Regulation 5 of the unfair terms in Consumer Contracts Regulations 1999, and Section 140 of the Consumer Credit Act 1974; c – If charges are a fee for a service, then they must be reasonable under Section 15 of Supply of Goods Act 1982. Claimant claims: a – Return of amounts debited of £00; b – Interest of 33.7% - £00 as per Defendant’s ‘effective annual’ rate of interest; c – Interest under section 69 of the County Courts Act 1984 at the rate of 8% up to the date of judgement or earlier payment at a daily rate of 0.28p. All default notices to be removed. Costs allowed by the Court.

 

Any pointers would be much appreciated.

:)

Edited March 15, 2010 by Dysexlic

[rdm2006]

The charges exceeded the Defendant’s losses caused by such breaches.

 

If charges are a fee for a service, then they must be reasonable under Section 15 of Supply of Goods Act 1982

 

These need removing - you can no longer argue the level of charges.

 

I don't think that you can claim contractual and the 8% its one or the other

Edited March 15, 2010 by rdm2006

[Dysexlic]

thanks rdm2006.

 

I am pretty clueless re the wording. (or any other points for that matter)

 

I'll remove those parts and keep reading, but if anyone else can put any light on how I may improve the POC in the next couple of days it would be of great help.

 

Thanks again

 

 

T

[biggeorge]

Can we now use this Regulation 5’ of the Unfair terms in Consumer Contracts Regulations and Section 140 of the Consumer Credit Act 1974 in letters asking for refund of charges.

 

I never started my bank claim with Halifax and they have now sent me a notice of default unless I pay them within x time.

Only small amount of £60 but everything comprised from 2 failed dd I had set

up for my cc cards.

 

I was always claiming account in dispute and that shut em up for a bit but now I'm not so sure there going to go a way.

 

Anyone done a template letter for sending out using this new regulations 5.

 

Will have to check my paperwork as i'm sure I have something from Halifax trying to explain there charges to me and read somewhere else that's what I need.

 

Anyone offer any guidance ?

 

George

[Bigdebtor]

If you want to hit HBOS in the pocket go to FOS - it will cost them about £450 if you do so - but threaten to them that you will do so first and they might refund you to avoid paying out to FOS.

 

The cost of FOS to the Banks is actually its best thing. It's pretty useless at getting justice and usually seems to side with its paymaster banking pals in the city.

 

Fortunately you will not be bound by any FOS decision - but HBOS would be if it was in your favour.

BD

[Its WAR]

Do they still pay the fee if the fos judge in their favour?

[Bigdebtor]

yes.