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Sheriff puts Bank of Scotland to proof on bank charges


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I have a friend who put in a claim for bank charges with NatWest. She asked for them back due to them putting her into financial hardship (I have now copied all the subsistence/appropriation stuff for her). But as usual the bank ignored that and kept sending her letters about the court case. She sent another letter just before the final court verdict last year and got a letter saying that they did not believe she was in hardship. How can she lay out that their charges, ie £28 for going overdrawn on her overdraft by 15p whilst on benefits, extending her overdraft to cover their charges, etc have been causing her to get deeper and deeper in debt? She has been off sick with mental health issues since 2004, they can see her only income has been her benefits in all that time, but they are now challenging what they know to be true? Any advice would be greatly appreciated, or would it be appropriate to leave it until after June this year? All advice gratefully received. Many thanks

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At post 213

You will have to get evidence which relates to a time in which you held your account

This has been mentioned a couple of times (I think once by Banky) and if the 'a' is accurate it would indicate any t&c's that have applied to my account - a darned sight easier than trying to obtain the very first (account 20 years old) or all of the t&c's that have been applied.

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I think he was referring to and T&C's from the time periods you are claiming from.

 

However, you can correctly assume that say you had a claim over the periods 1995 - 1999 that you had T&C's for the period 2000 then in all likelyhood you can say they are representative of the terms and conditions covering the periods in question. (Retrospective in other words.)

 

On a point of note it is upto the Defendant (the other party I assume) to produce an accurate copy if they dispute yours. Simples.

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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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  • 2 weeks later...

There was a thread started by Bankfodder soon after the SC ruling on Bank Charges.

 

She mooted this idea of collating historic letters and T&C documents from the various lenders which would then be pooled into an evidence library that anyone could use to buttress their claim against Banks on bank charges. Why? Because we all know that the banks' argument about the charges being part and parcel of their core business and the whole cross-subsidy issue does not really stack up. All we need is evidence, in their own words stating contrary to their submitted defence which the Law Lord's accepted and we'd have them "by the short and curlies" - to borrow a phrase!

 

Does anyone know how that library is developing and which lenders have been implicated therein as yet?

 

In conjunction with the arguments proposed here by GLC, these tools could be powerful enough to cause lenders to pay up outside of court which is what we all really want.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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

 

You should find all the information you require in the link above. If you have documents that could show you have been misled / misrepresented with regard to bank charges, then please contact a member of the site team who will give you email addresses to send the unedited documents to.

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CitB, I have already submitted evidence from a Bank regarding their 'fair' charges. However, I remembered a call I had with the same bank's credit card company who told me on the phone, recorded, that our repayment plan of £20 p.m. was no longer acceptable because it cost them that much to collect it:shock:

 

Can a note be made on file aswell that I have this call or shall I dig the call out:-?

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

 

You should find all the information you require in the link above. If you have documents that could show you have been misled / misrepresented with regard to bank charges, then please contact a member of the site team who will give you email addresses to send the unedited documents to.

Thanks CitB

 

I've already seen much of the writings theres, it's the evidence library I can't seem to find?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Hi Guys,

 

Can anyone provide us with an update yet as to how many bank charges claims are being successfully struck out by the banks or are the majority being allowed to amend their PoC's to incorporate the Supreme Court judgement and progress to trial?

 

TheyrCriminals

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I have a hearing on Tuesday to defend a strike out application. I saw somewhere on cag that Govan had a transcript of their successful defence to a strike out application which has now enabled their claim to be heared 11 June.

 

Does anyone know where this transcript appears? I would like to have a bit more weaponry.

Its WAR

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I have a hearing on Tuesday to defend a strike out application. I saw somewhere on cag that Govan had a transcript of their successful defence to a strike out application which has now enabled their claim to be heared 11 June.

 

Does anyone know where this transcript appears? I would like to have a bit more weaponry.

 

 

I think its on their website somewhere.

 

Heres a link to their site but you will have to search for it

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Nick Clegg pledges to curb bank charges

 

 

 

Nick Clegg hits out at "unfair" water rates and "outrageous" bank charges

 

 

Liberal Democrats leader Nick Clegg has said his party would stop banks being able to charge large penalties when people go overdrawn. Outlining the Lib Dems "manifesto for consumers", he said such charges were "seriously out of order".

Speaking during a visit to Cardiff, he said if elected, his party would stop "vested interests" in the business world from "ripping people off".

Labour and the Conservatives are also pledging to boost consumer rights.

'Trusted'

Mr Clegg said banks should not be able to "profiteer" from people making small mistakes with their overdrafts, or by bouncing a cheque. He is also calling for a cap on credit card interest rates.

His pledges follow after banks won a legal victory last year which stopped an Office of Fair Trading investigation into overdraft charges.

Mr Clegg said the Lib Dems would also move to ensure low-cost airlines are more open about the total cost of their flights.

In an earlier interview with GMTV, he said Lib Dem warnings about greedy bankers before the financial crisis showed they could be "trusted" by voters over their polices for the banking sector.

Mr Clegg also paid tribute to his Treasury spokesman, Vince Cable, as a "close friend and colleague" and - likening the Lib Dem front bench to cricket team - "the best batsman around".

Nick Clegg pledges to curb bank charges

 

 

 

Nick Clegg hits out at "unfair" water rates and "outrageous" bank charges

 

Liberal Democrats leader Nick Clegg has said his party would stop banks being able to charge large penalties when people go overdrawn. Outlining the Lib Dems "manifesto for consumers", he said such charges were "seriously out of order".

Speaking during a visit to Cardiff, he said if elected, his party would stop "vested interests" in the business world from "ripping people off".

Labour and the Conservatives are also pledging to boost consumer rights.

'Trusted'

Mr Clegg said banks should not be able to "profiteer" from people making small mistakes with their overdrafts, or by bouncing a cheque. He is also calling for a cap on credit card interest rates.

His pledges follow after banks won a legal victory last year which stopped an Office of Fair Trading investigation into overdraft charges.

Mr Clegg said the Lib Dems would also move to ensure low-cost airlines are more open about the total cost of their flights.

In an earlier interview with GMTV, he said Lib Dem warnings about greedy bankers before the financial crisis showed they could be "trusted" by voters over their polices for the banking sector.

Mr Clegg also paid tribute to his Treasury spokesman, Vince Cable, as a "close friend and colleague" and - likening the Lib Dem front bench to cricket team - "the best batsman around".

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When the test case was lost i didnt bother to persue my claim of bank charges, What is the best way to go about it with this new case about to start, Do i wait for the outcome or start proceedings now ? is it worth sending sar for all my statements ? thanks in advance..

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Interesting that he apparently calls them penalties, when the courts have said they aren't.:rolleyes:

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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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Strange that these charges have suddenly become so "seriously out of order" to politicians just before an election isn't it. :rolleyes:

 

Lets face it!!! The Libs can say they will do this that and the other. They can make all the statements and promises they like. They will never be in government, so will never be put to the test on anything they say!!!:rolleyes:

 

Good that this is actually being brought up though! Even if it is weeks from the Election!!!;)

 

Cheers,MARK

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hes GETTIN MY vote

Why m8? Do you believe everything you read or hear...especially from someone who wants, er, needs - your vote?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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