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    • Hi,  It has been a long time but I have had confirmation claim will proceed to hearing in roughly 1 months time.  I was wondering if anyone could advise on defence please.  A few questions I have are: 1) I didn't notify VCS that I was not the driver of the vehicle and the judge may look negatively on this point.  I did not receive any direction in correspondence from VCS  that I should inform them if I was not the driver and that was going to be the foundation for may argument on this point. 2) The vehicle is stopped at a zebra crossing.  Based on the images from VCS for around 10 seconds.  At that time there is someone standing near the zebra crossing and someone else enters my vehicle.  I was going to raise the point that stopping at a zebra crossing when someone is standing near it is to be expected.  I was also going to ask the question how you can have a no stopping zone when there are zebra crossings where the driver is required to stop. 3) The no stopping zone is clearly signposted, however, no drop off or pickup is not clearly signposted with one small sign at the zebra crossing, parallel to the road and on the passengers side.  I was going to challenge that no-drop off or pickup is clearly signposted.  4) VCS mentioned my initial defence was generic and clearly copied from the internet.  It covered 1) Claimant not being in a position to state if the Defendant was the driver at the time.  2) No evidence that claimant's contract with landowner supersedes byelaws & signage isn't legally binding contract. 3) No contractual costs and interest cannot be accrued on speculative charge. I am interested to know if anyone has had success or been unsuccessful with this 'generic' defence. 5) If I should submit an updated defence to the court based on questions 1, 2 & 3.  Or if it is better to only raise these points in court? Thanks.  Any guidance would be appreciated  
    • I honestly don't know, Baz. In addition what I don't  understand (from that pamphlet) is this: The s88 criteria are quite clear and don't need a medical professional to interpret them . The one most relevant to his topic says that an application is not a "qualifying application" if a relevant disability has been declared. The problem with the word "may" is how does the applicant establish whether me "may" driver under s88 when he has not complied with its conditions? I don't know the answer to that either. But to further muddy the waters, the pamphlet says this (about : But the s88 statute says absolutely nothing like that at all. It simply says that if you have declared a relevant disability s88 does not apply. The DVLA pamphlet is simply confusing as far as I can see. That's actually my opinion and that's what I would stick to if it was me making the application. But I'll seek a few opinions from others over the next couple of days.
    • Perfect. Thanks so much. I’ll get these printed and posted tomorrow 
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"Those charges will necessarily exceed by a large margin the costs to the bank of dealing with the particular transactions that occasion them, because they are actually a revenue stream essential to the funding of the whole current account operation and not just the particular transactions on current accounts which give rise to their charging."

 

 

Is it that the charges are not essential to fund the whole current account system, but the Banks are greedy b@sxxxds and want to maintain their excessive profits?

 

x7 ?

:rolleyes:

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Nah

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No they are not necessarily from current T&Cs

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Are you going to tell us eventually, or you're just enjoying toying with us? :razz:

I'm not toying. The Banks are.

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Nationwide

 

Those charges will necessarily exceed by a large margin the costs to the bank of dealing with the particular transactions that occasion them, because they are actually a revenue stream essential to the funding of the whole current account operation and not just the particular transactions on current accounts which give rise to their charging.

--------

At Nationwide we do not charge for standard services on your account

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hold on ...how many at this juncture have been right?

 

I believe that one has been found so far is that correct BF?

 

1-Revenue stream instead of what THEY SAY they really are''reasonable and fair charges''

2.?

3.?

3.?

4.?

5.?

6.?

7.?

 

Have we found only 1 so far???

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You miss RBS and Nat West out on purpose?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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I think I heard it quoted that the banks make 2/3 of their retail profits from bank charges around the time of the test case.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I think you should tell us the answer as you are obviously brighter than the rest of us and I would dearly love to claim my charges back from the Halifax in this life! The robbers are already getting away with too much with their new charges regime.

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To The SC''Those charges will NECESSARILY EXCEED by a large margin the COSTS TO THE BANK''

 

 

To The Customer

 

1-Lloyds ''it does in fact bear a CLOSE RELATIONSHIP to the cost the bank incurs''

 

2-Yorkshire/Clydesdale ''The charges are fair having (a) regards to the cost to the bank''

 

3-Abbey '' It is not accepted that Abbeys charges are GREATER than ABBEYS ACTUAL LOSS....the fees reflect and are proportionate to the Defendants administrative expenses''

 

4-HBOS ''An overdraft administration fee is applied when your account goes overdrawn ''WITHOUT a PRE-ARRANGED CHARGE''

 

I personally think that implicit in HBOS statement above is that there SHOULD be bi-lateral agreement as to terms in ADVANCE such as Reg 5 UCCTR is demanding

 

Will we get any sweeties..smarties

 

m2ae

Edited by means2anend
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Though posted a minute ago on my own A&L thread, I found some further information in the code replacement the bcobs that may be binding on all banks and may or may not be related to the statements from the banks above. Sections 2.2.1 on to 2.24

 

"A firm must take reasonable steps to ensure that a communication or a

financial promotion is fair, clear and not misleading.

 

The fair, clear and not misleading rule applies in a way that is appropriate and proportionate taking into account the means of communication and the information that it is intended to convey. So a communication addressed to a banking customer who is not a consumer may not need to include the same information, or be presented in the same way, as a communication addressed to a consumer.

 

The rules in ■ SYSC 3 (Systems and Controls) and ■ SYSC 4 (General organisational

requirements) require a firm to put in place systems and controls or policies and

procedures in order to comply with the rules in ■ COBS 4.6 (Past, simulated past and

future performance), ■ COBS 4.7.1 R (Direct offer financial promotions), ■ COBS 4.10

(Systems and controls and approving and communicating financial promotions) and

this chapter of BCOBS.

 

2.2.4 Section 397 (Misleading statements and practices) of the Act creates a criminal offence relating to certain misleading statements and practices.

 

"The Act" in this case being the interesting Financial Services and Marketing Act 2000

 

This may also be useful in relation to The Consumer Protection from Unfair Trading Regulations 2008....

Edited by disgruntledofcornwall
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BCOBS is only effective 1.11.09 unfortunately

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This is all fantastic stuff Bankfodder. However, what about the future? What about those getting charged now and who will get charged next year and the year after that ad infinitum? :( Will these arguments help them?

What sort of world do you want your kids to grow up in?

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BCOBS is only effective 1.11.09 unfortunately

 

I know but when did banks send out the letter rejecting our claims as baseless following the SC judgment?

 

January was it? Was that factually accurate and not at all misleading? Did it present the truth or did they forget to mention the Supreme Court

 

1. Stated the charges were not settled as fair?

 

2. Stated there was recourse under 5 (1) of the UTCCR?

 

3. Didn't mention that the charges could be challanged under Sec 140 (a) as proven by the upcoming case in Scotland?

 

4. Did they communicate this on a level at which a non banking professional could understand?

 

I think I know the answer to that one. Another shell in the tank of justice?

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Ah, but what about my previous post, the one not relating to McCuth's atrocious French? :-)

 

Moi? Atrocious Francais? Mais non! :D

Sorry Marie, couldn't resist - must be because of all these French speakers around me :(

 

Salut!

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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Bankfodder, are you only going to admit it when some one gets all 7, or will you confirm if we get even one right?

Here's my 7

 

1 Lloyds Our charges are fair and reasonable.

 

2. Lloyds They also have said "Though this charge does not have to be reasonable, ..[ they DO have to be reasonable they should only cover their liquidated losses LFI ] it does in fact bear a close relationship to the cost the Bank incurs in providing the requested service. Obviously that cost goes beyond the price of paper and postage, and includes for example a proportion of the cost of all the systems that are involved once an over-limit situation arises."

 

3. Yorkshire The Charges were a genuine pre-estimate of damage.

 

4. Yorkshire They also said that the charges are "fair having regard to the following matters: (a) the cost to the Bank of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible;

 

5. Abbey Abbey believes that it is reasonable to make a charge on such an occasion to pass on the costs incurred by the bank and that the charges applied to the account are fair and transparent.

[it] is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account They have also said "The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

6. Lloyds Obviously that cost goes beyond the price of paper and postage, and includes for example a proportion of the cost of all the systems that are involved once an over-limit situation arises."

 

7. HSBC Our Overdraft Review fee covers our management and administration costs.

 

 

As an aside, anyone who is reclaiming their charges from finance companies other than on personal current accounts will be delighted that the banks have admitted in Court that-

 

Those charges will necessarily exceed by a large margin the costs to the bank of dealing with the particular transactions that occasion them, because they are actually a revenue stream essential to the funding of the whole current account operation and not just the particular transactions on current accounts which give rise to their charging.

 

A damning statement.

Edited by lookinforinfo
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