Sheriff puts Bank of Scotland to proof on bank charges

[kennyh]

Yup - we had a 1p od that morphed into £900+ before they admitted the error of their ways and corrected. Well - they didn't, of course, admit anything but having gone head to head with their collections and them having been told in a variety of ways to 'do their worst' someone actually had a look. Took about 6 or 7 months.

[means2anend]

Apparently whichever Lender referred the overdraft information to Experian does not agree with BOS that banking contracts do not fall within the regulation of cca 1974

 

Post 151 Page 8

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/237096-overdrafts-covered-ccas.html

 

wouldn't it be ironic if it was RBS!!!!!!!!!!

 

m2ae

Edited June 29, 2010 by means2anend

[Bookworm]

m2ae, in long threads, if you just want to lift one post, if you click on the post no, it opens in a separate window, and you can then copy/paste that URL instead.

 

Like so:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-3004364.html

 

HTH

[the_shadow]

m2ae, in long threads, if you just want to lift one post, if you click on the post no, it opens in a separate window, and you can then copy/paste that URL instead.

 

Like so:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-3004364.html

 

HTH

 

Or to take you that spot in the thread....

 

Just click on the Permalink hyperlink next to the post number and copy/paste the URL in your address line, it changes to the post number when you click on the hyperlink.

 

S.

[means2anend]

Tnaks guys....makes it that much easier:)

 

m2ae

[TheyrCriminals]

Hi,

 

I would like to start a new thread on how many claimants have had their bank charges claim struck out and why. Can some one please show me how to do this please?

 

TheyrCriminals

[mystery1]

Hi,

 

I would like to start a new thread on how many claimants have had their bank charges claim struck out and why. Can some one please show me how to do this please?

 

TheyrCriminals

 

At the top of this page click on "OFT Test Case Updates and Discussion" then on that page top left under all the adds etc but before the list of topics you will see a "new thread " button. Click that then create your thread.

 

M1

[johnnymitch]

Hi Theyrciminals

 

If you go into the main HSBC forum page , top or bottom left of the grids you'll find a 'NEW THREAD' button . Just click on that and off you go - give it a name that suits you purpose ....

[johnnymitch]

Sorry ,I was assuming that you were on HSBC .....but any main bank forum page will do ......

[rdm2006]

Hi,

 

I would like to start a new thread on how many claimants have had their bank charges claim struck out and why. Can some one please show me how to do this please?

 

TheyrCriminals

 

 

This will help you TC - Users Guide Written by our very own bookworm so it has to be good

[TheyrCriminals]

Hi Guys,

 

Thanks for your responses.

 

TheyrCriminals

[breeze1996]

Does this mean the banks won't have to prove what the true cost of charges are?

[johnnymitch]

If asked under the freedom of Information Act I imagine they'd have to disclose this, breeze .......

 

But they've already admitted to the Supreme Court that their charges are designed to make about a third of their profits and give free banking to those who are rich enough not to need it ........

[johnnymitch]

If asked under the freedom of Information Act I imagine they'd have to disclose this, breeze .......

 

But they've already admitted to the Supreme Court that their charges are designed to make about a third of their profits and give free banking to those who are rich enough not to need it ........

[johnnymitch]

OOPS double post .!

[breeze1996]

Sorry I thought the Scottish case was that the banks had to prove their charges, as in what the true cost was.

[the_shadow]

If asked under the freedom of Information Act I imagine they'd have to disclose this, breeze .......

 

But they've already admitted to the Supreme Court that their charges are designed to make about a third of their profits and give free banking to those who are rich enough not to need it ........

 

If memory serves FOI only applies to public bodies not private forms.

 

Of course lloyds muddies the water somwhat

 

S.

Edited July 5, 2010 by the_shadow
Damn mobile browsing and typing :-(

[kennyh]

If by kicking the case 'upstairs' the banks reckon they'll deter LsIP because of cost possibilities won't they be a tad thawted by having to have sub £5k cases held at county level?

[srfrench]

BREEZE........no the Scottish courts have placed the evidential burden of proof on the Banks as to why they think their charges should be looked on as fair.

 

BAsically its up to the Bank to prove their charges are fair....end of!

 

If they were, it would take no more than a week or two to produce that evidence from ANY organisation if they were!

 

Why has it taken 4 months and technical legal wrangles just to try and move the case to a higher track?

 

The Banks are on the ropes and are hoping to abuse their dominant position once again to win against the intersts of fairness and justice. THey are hoping that they can force the LIP to drop the case due to lack of funds.

 

A thought strikes me as to the fact that if the Bank charges regieme is fair, then not only prove it (Banks) but lets get a test case in the Court to settle it!!!!!!

 

If the public can see through this and which also goes against the Human Rights legislation and the Overiding Objective then surely the Judges will to?

[rebel11]

Just look at the Supreme Court judgement, they have just encouraged the banks with their judgement - 'it's their core business', previously they didn't make any profit from it, the charges merely covered their costs. They will just carry on ripping

off people who can't afford to be ripped off.

The only place to get justice is Europe, and the contridiction above stacks up well.

 

 

'If the public can see through this and which also goes against the Human Rights legislation and the Overiding Objective then surely the Judges will to?'

[the_shadow]

If the public can see through this and which also goes against the Human Rights legislation and the Overiding Objective then surely the Judges will to?

 

 

I gave up on the idea of "blind justice" long ago as soon as I realised that it appears the way to win in court is to have loads of dosh or well backed. Most I could wish for is a sympathetic judge tbh.

 

S.

[landy_alert]

I gave up on the idea of "blind justice" long ago as soon as I realised that it appears the way to win in court is to have loads of dosh or well backed. Most I could wish for is a sympathetic judge tbh.

 

S.

 

Are they not a dying breed Shadow

[jdes26]

That's unlike you.... Landy. " giving up"" u dissapoint me

[srfrench]

In all fairness to the Judges, they can only act on the information and the way the case is presented with the guidance within the Law to make an informed Judgement.

 

Remember they have to give a reasoned argument (Solomons Judgemet) as to why they have given the judgement and if any fact pertinent to your case has been omitted then don't cry foul.

 

It really is up to the Claimant (in our cases) to keep on top of the Judge if they make mistakes or have failed to take into account any fact etc etc to ensure that we brow beat them into submission.

[srfrench]

Remember the Law and the Judges will work for us if we use the Law and facts to our advantage and prevent the Banks from twisting it, in other words ensure your case is not taken out of your control!!