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    • There's one other card for just over £400 in my credit file. Three of the cards were taken out end of 2017 or beginning of 2018. The largest amount. That card was probably taken out early 2017 or sometime in 2016.   I've battled with a life long drink problem. Mixed with periods of heavy in the most part recreational drug use. I've been told I have mental health problems but nothing officially diagnosed.   I was made officially bankrupt 15-20 years ago. Not long after the year was up I started borrowing again because it was offered to me. I again reached the point where it all got out of control. I didn't have the money to declare myself bankrupt again so I just ignored it. A while after the 6 years were up I was offered another card and that was that.   I start out with good intentions of building my credit file back up. But then my 'issues' kick in and it all goes wrong. Addictions aside. I have a problem with spending money. I always have.   Basically no financial company should lend me money. That is blatantly obvious from my credit history and spending patterns on previous and the aforementioned cards.   I might have some more smaller debts not on my credit file. But to be totally honest I wouldn't know. I was too out of it to know or care.   Rather surprisingly given my credit history as  far as I'm aware this is the first time I've ever had a ccj against me. As I mentioned earlier not knowing much about bailiffs was my fear. Life is a lot easier for me if I can't borrow or have access to borrowing money.
    • Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.
    • Thanks for your thoughts. I guess I could go to the OC and get them to add the defaults but that might be a long process.   I have only just started entertaining the idea of not paying as my main priority was getting a clear credit report as needed to move home urgently due to personal reasons. Now I am sorted on the credit file front its a case of seeing if I can stop paying this turkeys without going backwards.
    • then they can't comeback IMHO if you stop paying. you should have stopped paying there and then, but i suppose stepchance again poked their nose in and said either you cant just stop some debts through the plan, keep lining ours and their pockets.?   they are correct they cant register defaults themselves only the OC can.    
    • Hi Bankfodder   Yep, it's these guys.  I paid by debit card; online purchase.   I have been emailing them.  Should I send a letter?   Thank you for your help x
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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SabreSheep Vs Natwest + Moorcroft / ** Satisfactory Conclusion **


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Hi Sabre

Are your initials XXX? I have reported your attachment sorry .

 

I can not put my finger on it but I think that would be UE as it just seems like an application to me and I can not see the terms and conditions from inception TBH . It is of course possible they may have been in the booklet but where are the now?

Edited by stu007
Removing Initials

Any opinion I give is from personal experience .

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please keep to one thread merged and attachments redacted.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI sorry.

Had this as a seperate thread as it was a discussion on the CCA and not the charge reclaiming that this thread is mainly about. But no worries if you want it all in one im good with that :)

 

OOh I thought I had redacted everything. Bugger, will review

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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all done for you already inc redactions - no worries

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks dx :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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ADI where?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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stu007 has done it

 

dx

 

thread tidied

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Having seen and signed such a NatWest postal app this one appears to be OK.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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From what I see it fails to fulfil S78

My question would be, where are the terms and conditions from inception?

 

It may be that if push comes to shove a court would find it enforceable but they need to provide more details first.

Any opinion I give is from personal experience .

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Here is the response form NW to my Prelim

 

LBA sent 17/05/14

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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As their charges are applied whether you are 1 day or 1 month late or £1.00 or £100 over the limit then they are disproportionate and dont reflect the costs they claim.

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

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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

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Thank you for that. Might have to add that to poc.

 

Been to court today and collected a stack of N1s and ex160a s

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ok as expected received this today

 

Time to finish the POC I guess.

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I Aim to get this ready for Monday. I would appreciate all advice please. :) Questions at the bottom.

 

-------------------------------------

 

New POC Natwest (N1)

Claim No [ ]

 

IN THE [xxxxx] county court

 

 

 

BETWEEN

 

[Mr Flibble (Not real name for forum purposes)]

Claimant

 

and

 

 

-National Westminister Bank PLC

 

 

Defendant

 

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 26/08/2001, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no XXXX-XXXX-XXXX-XXXX ("The Account").

 

2. The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

a) A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

 

 

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

© The Claimant was to pay the minimum payment of 2.25% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

(d) The default charges applied are referred to in schedule one

Penalty

 

9. The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

 

10. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

The Regulations

 

 

11. At all material times the Claimant was a consumer within the Regulations.

 

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

14. without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3) The Charges were fixed fees that were incurred by the Claimant that did not vary in any relation to the amount overdrawn and therefore are disproportionate and fail to reflect the true costs the defendant claims.

(4) The Charges were fixed fees that were incurred by the claimant that did not vary in any way in relation to the time the claimant breached the agreement and therefore are disproportionate and fail to reflect the true costs the defendant claims.

(5)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(6) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(7) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(8) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(9) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15. without prejudice to the burden of proof, the Claimant will contend that the terms’ imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are described as administration charges by the Defendant in information provided to new customers at the time.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

 

17. The Defendant wrongly applied Charges to the Account totaling some £XXX.XX between 15/04/2004 and 12/10/2012 Particulars appear from Schedule 2.

 

18. 12/05/14 the Claimant demanded repayment of the sums wrongly applied.

 

19. 19/05/14 the Claimant made a final demand for repayment of the sums wrongly applied.

 

20. The Defendant has not repaid them or any of them.

 

And the Claimant claims;

 

 

(1) A declaration that the sums totaling £936.00 have wrongly been applied to the Account. Some of these charges are older than the normal 6 years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council.

 

(2) Payment of the said sum of £xxx and interest in restitution of xxxx as per Sempra Metals v Inland Revenue Commissioners.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 29.99% per annum on the amount claimed (daily rate of £3.62) until judgment or sooner payment.

 

(4) Court costs of [ xxxx].

I believe that the facts stated in these particulars, comprising of x pages, are true.

 

 

-------------------------------------------------------

 

 

Few questions.

 

 

1 Can I add anything to the POC asking the claimant to break down their costs?

2 The interest rate bit. Is that the 8% that normally goes there, or the daily rate of restitution interest of 0.07189%?

3 Originally in 15© this POC has referred to charges for new customers being named as default charges. On the CCA that I got out of NW listed earlier in this thread has them labelled as admin charges. I have changed the point above to match. Should I just delete this point all together or leave it as it is now? (Or edit it)

4 I Added 14 (2) and (3) does this make sense? Keep edit or bin?

5 I am going to apply for fee remission, do I still claim court costs and I assume this is returned to the court if I win?

 

 

Thanks peeps :)

Edited by SabreSheep
Altering Bit about "admin charges" And Interest

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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bumpsy

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Responding to S.O.S.

 

(3) The Charges are described as administration charges by the Defendant in the key information provided to new customers.

 

The above is from current terms and conditions, yes ? What were they described as on the original information provided. On the application form, I didnt see any prescribed terms at all, were default / administration charges mentioned at that time ?

 

I will flag the PoC for others on the team :)

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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

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http://www.consumeractiongroup.co.uk/forum/content.php?561-Credit-Card-Charges.-POC-for-N1

 

I noticed you had reported the above link.. I think this is pretty much out of date.

 

Did you have a look at posts made by Shelley in the B/shark forums - I am sure she has a PoC on her thread that could be used for reference.

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

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Responding to S.O.S.

 

 

 

The above is from current terms and conditions, yes ? What were they described as on the original information provided. On the application form, I didnt see any prescribed terms at all, were default / administration charges mentioned at that time ?

 

I will flag the PoC for others on the team :)

 

 

Thank you :)

 

OK i got that wrong that term is from the "copy of original t+Cs" provided in responce to the CCA request. So I should change that.

 

I based this POC of Shelly's but added in the two new points regarding the charges remaining static and not dependent on how long or how much over drawn or late payment are.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Q)s outstanding

 

1 Can I add anything to the POC asking the claimant to break down their costs?

 

4 I Added 14 (2) and (3) does this make sense? Keep edit or bin?

 

5 I am going to apply for fee remission, do I still claim court costs and I assume this is returned to the court if I win? At the moment I am leaving it blank on the N1

 

6 Schedule 1 Im guessing should be the bit of the agreement that states charges?

Edited by SabreSheep
update

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Updated POC. Any input?

 

 

 

POC Natwest (N1)

Claim No [ ]

 

IN THE xxxxxxxxxxxxxxxx

 

 

 

BETWEEN

 

[xxxxxxxxxxxx]

Claimant

 

and

 

 

-National Westminister Bank PLC

 

 

Defendant

 

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 26/08/2001, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxxxxxx ("The Account").

2. The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

Summary

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

a) A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

© The Claimant was to pay the minimum payment of 3% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

(d) The default charges applied are referred to in schedule one.

 

Penalty

9. The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

10. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

The Regulations

11. At all material times the Claimant was a consumer within the Regulations.

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

14. without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3) The Charges were fixed fees that were incurred by the Claimant that did not vary in any relation to the amount overdrawn and therefore are disproportionate and fail to reflect the true costs the defendant claims.

(4) The Charges were fixed fees that were incurred by the claimant that did not vary in any way in relation to the time the claimant breached the agreement and therefore are disproportionate and fail to reflect the true costs the defendant claims.

(5)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(6) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(7) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(8) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(9) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15. without prejudice to the burden of proof, the Claimant will contend that the terms’ imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are currently described as administration charges by the Defendant in the key information provided to new customers.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

17. The Defendant wrongly applied Charges to the Account totaling some xxx.00 between

15/04/2004 and 12/10/2012 Particulars appear from Schedule 2.

18. 12/05/14 the Claimant demanded repayment of the sums wrongly applied.

19. 19/05/14 the Claimant made a final demand for repayment of the sums wrongly applied.

20. The Defendant has not repaid them or any of them.

 

And the Claimant claims;

(1) A declaration that the sums totalling £xxx.00 have wrongly been applied to the Account. Some of these charges are older than the normal 6 years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council.

(2) Payment of the said sum of £936.00 and interest in restitution of £4xxx.xx as per Sempra Metals v Inland Revenue Commissioners.

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 29.99% per annum on the amount claimed (daily rate of £3.61) until judgment or sooner payment.

(4) Court costs of [ xxxx].

I believe that the facts stated in these particulars, comprising of 7 pages, are true.

Dated

 

Signed

Schedule 1

 

From NatWest, conditions in force at signing of the agreement.

 

 

-The credit limit on Your Account will be, if You have a Credit Card, £1000 or such other credit limit as We may notify to You from time to time. We may vary such credit limit from time to time and will notify You of any such variation. You may apply for and We may consider a variation in Your credit limit at any time subject to Your circumstances and Our conditions at the time of the application.

 

1. We will send a Statement of account to the Principal Cardholder each month (“statement”) except where there has been no movement in the Account during the period to which the statement relates and the balance of the Account is nil. The Principal Cardholder will pay the Bank within 25 days from the Statement date the minimum sum specified on this Statement or any greater sum. The minimum sum will be the greater of £5 or 3% of the outstanding balance.

 

General Conditions

 

4. When We tell You, You must also immediately pay US;

(i) any amount You owe over Your credit limit;

(ii) any unpaid payments from previous Statements;

(iii) any late payment charge shown on Your Statement; and

(iV) the amount of any Transaction that breaks this Agreement.

 

11. Charges

11.1 If You do not keep to any of these General Conditions, You may have to pay administration charges as detailed on the reverse of Your Statement. We will apply these charges to Your Account. We may change Our charges from time to time on notice to You.

 

 

 

 

Schedule Two

 

 

NB On actual POC the spreadsheet is printed out.

 

 

Interest charged daily : 0.07189% = 29.99%apr in restitution (£3.61 daily rate)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Now according to my original "copy T+Cs" there is no mention on the amount the charges would be. Is this significant and how should I word that in?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Bump

I know I know, Its the weekend :p

 

Also for fee remission im applying under Income critera as I am on Contribution Based JSA.

Is it possible to go to job center and get a fresh award letter printed out as the court will only accept one 1 month old :o/

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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You can certainly get one posted to you so I can't see any reason why you can't go to the job centre. However as you are on Cont based you will also need the likes of current bank statements etc. Be prepared to justify any payments in.

Any opinion I give is from personal experience .

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Thanks Fletch

 

I have shares certificate as well as most recent 3 months BS

Only payments in are my JSA

Housing benefit is excluded anyway and gets paid direct to landlord

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Final bump for the night> Last request for comments on my last POC. Printing it when I get up otherwise.

Was hoping someone would let me know if there were any errors before submitting.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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