Jump to content


Michael Browne

Sheriff puts Bank of Scotland to proof on bank charges

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2383 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Consumer panel calls for end to free banking

 

SIMON BAIN

Share blank.gif

18 Jun 2011

Mike Dailly, the solicitor who helped lead the consumer campaign against unfair bank charges, has said free banking will have to end to allow proper competition in the current account market.

Mr Dailly, principal solicitor at Govan Law Centre, was appointed to the Financial Services Consumer Panel 18 months ago and was making his first public comments as a panel member.

He told an audience of 120 bankers in London that the panel would like to see an end to free banking for those in credit, as it was preventing new banks from challenging the “big five” who held 87% of current accounts.

Mr Dailly said: “We would like to see charges related to the cost of the bank providing a particular service for a particular individual, in order to provide genuine full transparency in the UK current account market.”

In 2006 Govan Law Centre launched the campaign which saw more than 1.1 million customers claim an estimated £1.7 billion in refunds from the banks. All complaints were frozen in July 2007 and in November 2009 the Supreme Court ruled against a test case brought by the office of Fair Trading. Govan Law Centre however is continuing to pursue cases in the small claims court using different legal grounds.

Mr Dailly commented: “There is no doubt that the consumer panel is incredibly frustrated with what has happened with overdraft charges and we are trying to find a way forward. There needs to be transparency for people to be able to compare different services from different banks.”

Brian Mairs at the British Bankers Assocation commented: “Our members are committed to maintaining the free in-credit banking model because customers have demanded it.”

  • Confused 1

If I have been helpful please click on my star and add a comment.

Share this post


Link to post
Share on other sites
“Our members are committed to maintaining the free in-credit banking model because customers have demanded it.”

 

 

I seriously doubt that "Free banking if in credit" costs anywhere near the amount of money they are getting from bank charges - if they say it does, lets see the proof


HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Share this post


Link to post
Share on other sites
I seriously doubt that "Free banking if in credit" costs anywhere near the amount of money they are getting from bank charges - if they say it does, lets see the proof

 

Strange they listen to customers who are in credit, yet totally ignore those that are overdrawn and being seriously impacted by the charges being applied, though, isn't it.I wonder which option the Boards of these Banks prefer? Answers on a post card.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Share this post


Link to post
Share on other sites

fireprism

 

any update re your case?


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

I recollect highlighting the opportunity to contribute to a "call for evidence" some months ago (but can't recollect exactly which thread this was on). It looks as if only around 200 individual people and "interested bodies" responded to this "initiative" by BIS (Vince Cable's department) to comment on Bank Charges and many other means of screwing those most vulnerable debtors.

 

The results are outlined in the attached documents - very disappointing - especially given the huge influence we could have had - based on the number of people in CAG etc. - and the even larger numbers who have complained about Bank Charges etc. in the past few years.

 

It also looks as if every Bank etc and a few other Consumer Groups (including one along lines of "lawful longish low dogs with big ears and mournful expressions") did reply - but that CAG as a group and over 99.9999% of individual CAG members did not seem to do so. It's therefore hardly surprising the report is so uninspiring - and offers little hope of any positive outcomes in the short term!

 

If we don't take these chances to get our views heard by Cabinet Ministers then what chance do we have of getting things changed?

 

BD

 

http://www.bis.gov.uk/assets/biscore/consumer-issues/docs/c/11-1063-consumer-credit-and-personal-insolvency-responses

 

http://nds.coi.gov.uk/content/Detail.aspx?ReleaseID=420472&NewsAreaID=2


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites

I went to court and could not convince the judge i was right. The bank did not provide any evidence by the deadline date, then a piece of paper was put in front of me at the final hearing that i had never seen before, and had no answer to. The judge allowed the bank to use it as evidence, so it was the only piece of paper they used actually in court on 3 visits made by myself. I had supplied over 100 pages of supporting arguments that counted for nothing in the end. The judge didnt seem to care about the banks refusal to supply me with information regarding the terms and conditions i signed up to, saying i could have switched to another bank anyway. The bank changed the date on the system that my account was opened so no records could be accessed before 2001, my account was actually opened in 1991 and i had proof of that. The judge laughed and said that wasnt possible, but i had taken the name of the manager who gave me that information, and i had spoken to 3 different people who told me the false information. He also made reference to the governments meaningless headlines that they were going to tackle this subject, but they have spectacularly done nothing about it.

 

Basically i was steamrollered and overruled on all counts, one by one. I am just waiting to hear if there is a ruling from a higher court so i can take my arguments back to court again, but i doubt it. The ruling i knew nothing about was regarding the CCA140 i was using as an argument. On one single occasion my account had gone into the black, and according to a judge in southampton this meant that the agreement had been settled, and a new one started the next time i went overdrawn. My claim, if successful, would have been reduced from £391 to £80 in one foul swoop.

Share this post


Link to post
Share on other sites

My deepest sympathy fireprism for a very topheavy unfair trip to Court.

I'm sure there will be lots of knowledgable peeps here to pick this apart and give advice and support.


Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

Share this post


Link to post
Share on other sites

BD, until people decide they want change and figure out what to do to get that change.....:roll:


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:

Share this post


Link to post
Share on other sites

BTM

 

I totally agree - given the majority of people don't seem to have been hit by unfair charges they will always be quite happy to let the disadvantaged minority pay through the nose for their "free" banking whilst in credit! What gets me is that nearly all CAGGERs (and CAG itself), having been made aware of this "call for evidence" failed to take advantage of it - but virtually ALL banks and other "interested parties" didn't waste the opportunity to put over their point of view.

 

Perhaps the Banks etc. should have ben asked to canvas the views of their customers - or reproduced the views expressed in the huge numbers of complaints they receive every year?

 

In any case, with such unbalanced feedback, it looks like another white wash - just like the SC verdict!

 

Hopefully Mike Dailly will be able to redress the balance in Glasgow Sheriff Court soon!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites
BTM

I totally agree - given the majority of people don't seem to have been hit by unfair charges they will always be quite happy to let the disadvantaged minority pay through the nose for their "free" banking whilst in credit!

Nein! I don't think it's because the majority have not been hit, I think they have. The issue is that they do not seem to care enough to take the necessary action.:!:

 

However, what IS mysterious to me is the apparent inaction of the general CAG populace on this point as Caggers are by nature action takers.:???:


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:

Share this post


Link to post
Share on other sites

Sorry to hear about your loss Fireprism. The fact that the judge 'laughed' must have told you everything. At best, LIPs usually have an uphill task; LIPs against the banks (apparently the court's most favoured persons) have a mountainous challenge. It seems the lender has to be almost completely incompetent for you to have any real prospects. But for a LIP to take on a bank, on the sensitive matter of bank charges, with the high winds of the SC ruling bearing down and no real new tools to fight with, is asking for a whipping.

 

If you have a thread for this please post as much as you can there for the knowledge and edification of all. Sorry again.


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:

Share this post


Link to post
Share on other sites

busthematrix and bigdebtor, have you seen the following thread...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?240365-Bank-Charges-Campaign-Continues

 

CAG is still campaigning against unfair bank charges and have recently written to all MPs via the Newsletter. There is also a letter template that you can send to your MP independantly in order to keep the pressure on.

:)

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

CB

 

Thanks for this. I'll get a letter off to my MP PDQ.

 

Is there any way of CAG monitoring the availabilty of - or being alerted by HMG to - "calls for evidence" - such as the one I reported (and responded to)?

 

I'm sure if we could alert all CAGGERs to these then there would be a much more balanced (and much less bank-friendly) consensus of replies.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites
CB

 

Thanks for this. I'll get a letter off to my MP PDQ.

 

Is there any way of CAG monitoring the availabilty of - or being alerted by HMG to - "calls for evidence" - such as the one I reported (and responded to)?

 

I'm sure if we could alert all CAGGERs to these then there would be a much more balanced (and much less bank-friendly) consensus of replies.

 

BD

 

Many thanks for that BD.

 

In respect of your other queries, they might be better directed to Caro who is the leading lady in the continued fight against Bank Charges :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Thanks CB, no, I wasn't aware but am now and will be taking action. Rgds


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:

Share this post


Link to post
Share on other sites

Ah ! looks like that iffy post has gone :-)...well done mods |!!:-D LOL !


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites
Ah ! looks like that iffy post has gone :-)...well done mods |!!:-D LOL !

 

Johhny

 

Looks like I missed it totally. D*mn!

 

I like it when "iffy" posts start off a good "debate" (or "rammy" as they usually become in Glasgow). :wink:

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites

Hi BD ,

 

It's OK to have a "rammy" if there's something to argy aboot ...lol ! ....but this was hieroglyphics disguising an Advertisement for something or other ... and I've had 3 e-mail notifications of different ones through CAG under this thread ... :mad2: .. beginning to think I've been hacked somehow ... :( ..

 

But no doubt they'll give up and b****r off eventually ... LOL !


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

Glasgow Sheriff Court

Friday 12 August 2011

Rule 18 Roll

 

Sheriff Unallocated

 

Jennifer Sharp v Bank of Scotland Dailly & Co – MRD A1924/10

Dundas & Wilson

 

Els


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

Share this post


Link to post
Share on other sites

Thanks els, wishing her all the very best with this ongoing battle, and will be watching this with interest.


Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

Share this post


Link to post
Share on other sites

I think that says it for us all Night Owl ....we await the result with interest ... Mike Dailly has worked sooo hard for this ... he deserves a favourable result ...


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Share this post


Link to post
Share on other sites

CHAPTER 18 AMENDMENT OF PLEADINGS

 

 

18.1. Alteration of sum sued for

18.2. Powers of sheriff to allow amendment

18.3. Applications to amend

18.4. Applications for diligence on amendment

18.5. Service of amended pleadings

18.6. Expenses and conditions of amendment

18.7. Effect of amendment on diligence

18.8. Preliminary pleas inserted on amendment

 

 

 

There may be another part of the process as well but rule 18 isn't likely to cause much fuss.

 

M1

Share this post


Link to post
Share on other sites

Thanks for the info folks. Let's hope this is the beginning of the end, although I suspect it'll be a long time before it's finally resolved.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Share this post


Link to post
Share on other sites

Evening all,

 

I wish the claimants involved the very best outcome.

 

Best wishes to all

 

Dougal


Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

Share this post


Link to post
Share on other sites

I hope yesterday went OK


HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...