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Can someone explain what this means to me please!


PatrickLogans
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This is from the UTCCR:

 

INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED

AS UNFAIR

 

 

1. Terms which have the object or effect of-

 

(b) inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or

supplier or another party in the event of total or partial non-performance or inadequate

performance by the seller or supplier of any of the contractual obligations, including the option

of offsetting a debt owed to the seller or supplier against any claim which the consumer may

have against him;

 

Does this mean that they cannot offset any settlement against an outstanding debt?

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You need to read the whole section not the bits that suit.

 

They have to have limited your rights in the event of thier non-performance or inadeuqate perfromance of any of their contractual obligations.

 

if you think that the whole of this applies then they cannot offset the claim against the debt.

 

I dont think this has anything to do with your claim, the claim is not part of the contract it arises out of a contractual dispute between you and them.

 

But imho the terms of the contract do not apply to the dipsute since there are no provisions in the contract to deal with this issue.

 

To argue this clause i believe you would have to show that the banks had limited your rights, since you owe them money which i presume your not denying then what right have they limited if they reduce the amount of the debt by your claim value?

 

When i say 'right' i mean in law.

 

As i said in your previous post this issue has been debated at length and those for and gainst dont agree on the answer.

 

Whilst you owe them more than they owe you they are likley to refuse to pay you anything by way of cheque, if they do then consider yourself lucky.

 

To get a resolution you need to be prepared to take them to court. If you think this applies write to them and tell them theyre wrong, in the end if your not prepared to take it to court then dont waste your time with empty threats imho.

 

JMHO

 

Glenn

 

JMHO

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I haven't read the other thread that Glenn refers to but; if you are paying off your debt to them in the form of an agreed payment plan then I think they would have difficulty in simply reducing that debt, rather than paying you the cheque, as long as you keep paying according to the plan. The payment plan is a contract with you and I don't see why they should be allowed to vary it at will.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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