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Sheriff puts Bank of Scotland to proof on bank charges


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Yes, you can still claim the remaining amount, anytime, so why not give it a go?

 

Any refund during the test case MUST have stated it's not in full and final settlement, as per the FSA waiver rules.

 

i've got the fos involved on it at the moment but if they can't help i was just wondering if this could mean i could just start a new claim minus what i've been paid

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I've just posted (at #4904) on H.O.L. test case thread an urgent (and I believe valid) point on fine tuning of poc (for those of us who are obliged to compile some in advance of GLCs offering) including use of Limitation Act. If anyone here feels inclined to have a look please do so and help with a quick constructive response.

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Very exciting. Some excellent work by GLC - well done :)

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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This paragraph mentions it......very briefly!

 

"The basis for court claims

 

After the Supreme Court decision, we hired a top banking QC (see MSE hires top QC archive news story) to suggest possible new grounds for reclaiming to us.

They were just thought papers, and at this stage are untried (although in Feb 2010 a judge in Scotland allowed the amended arguments to be submitted) therefore there is no way to know whether they will be successful or not – the law is a fickle beast. However we have adapted the arguments and other sources and used them to draft up our sample Particulars of Claim (the part of a claim that mentions the legal argument being used)."

 

Source - MSE

 

In that case, it's VERY early days.

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After reading this interesting posts, I understand why Scabby have sent me a letter out lining the above ruling....no mention of the CCA 1974 S9 funny enough just banging on about the UTCCRs 1999

 

(9) If, in any such proceedings, the debtor or a surety alleges that the relationship between the creditor and the debtor is unfair to the debtor, it is for the creditor to prove to the contrary.

 

they have applied to the court to have my case stuck out and will not pursue me for charges.. that's nice..

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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will not pursue me for charges..

 

and why not?

 

not so cock sure as they were I'd bet.

 

In that case, it's VERY early days.

 

I remember the "early days" well... it was all new territory back in '06, we were expecting a big fight in the courts that we didnt get a chance to get our teeth into due to all the "goodwill" payments and the OFT debacle.

Edited by HSBCrusher
something funny going on there...
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how weird. :confused:

 

I'll edit the post

 

 

Not just you, I have merged quite a few posts that have repeated themselves over the last few days :lol:

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and the liberal usage of phased-variance trans-warp technology coupled with a acute case of hiccups? :wink:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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