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Hi all, Im pretty new to this site. I am in the process of taking Nationwide to the small claims court for unlawful charges applied to my account. But I hear that rules are changing for banks saying they can apply a small charge for these charges, can anyone tell me if this is true and will it affect my claim? Many thanks for your help in advance and good luck to everyone in the same situation as me.

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Guest peed orf

As I understand it, any unlawful charges have to be paid back in full, and not minus the little bit they should have taken.

However, there is a fee of £10.00 with the SAR, to cover the service of getting the info and sending it to you.

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Where did you see or hear that??

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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As I understand it' date=' any unlawful charges have to be paid back in full, and not minus the little bit they should have taken.[/quote']

 

Charges are deemed unlawful in as much as the WHOLE charge itself should reflect the actual cost of the processing and is NOT just an unfair Charge imposed as a Profit making Penalty...

 

i.e. A £30 Charge levied for the Return of an Unpaid DD isn't justified when the notification/processing is done by automated computer generation, with little or NO manual intervention.

 

The WHOLE POINT of the re-claiming procedure is that the Bank's are given every opportunity at every stage to actually challenge a Claim by clearly stating what their ACTUAL costs are...

As the financial sector is extremely competitive, the revealing of ANY particular Bank's internal cost structures would immediately put it at a commercial disadvantage with its competitors.

 

Therefore each Bank views the re-paying of the relatively small amount of Charges that are Claimed as DAMAGE LIMITATION.

They are fearful of defending a properly prepared Claim, which they would surely lose once at the Court stage where STANDARD DISCLOSURE comes into effect. This would end up creating a Test Case and then open the floodgates to a deluge of Claims, similar to like when Endowments were deemed to have been Mis-sold...IMHO

 

Hopes this clarifies things for U peeps?!...lol

  • Haha 1

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Charges are deemed unlawful in as much as the WHOLE charge itself should reflect the actual cost of the processing and is NOT just an unfair Charge imposed as a Profit making Penalty...

 

i.e. A £30 Charge levied for the Return of an Unpaid DD isn't justified when the notification/processing is done by automated computer generation, with little or NO manual intervention.

 

The WHOLE POINT of the re-claiming procedure is that the Bank's are given every opportunity at every stage to actually challenge a Claim by clearly stating what their ACTUAL costs are...

As the financial sector is extremely competitive, the revealing of ANY particular Bank's internal cost structures would immediately put it at a commercial disadvantage with its competitors.

 

Therefore each Bank views the re-paying of the relatively small amount of Charges that are Claimed as DAMAGE LIMITATION.

They are fearful of defending a properly prepared Claim, which they would surely lose once at the Court stage where STANDARD DISCLOSURE comes into effect. This would end up creating a Test Case and then open the floodgates to a deluge of Claims, similar to like when Endowments were deemed to have been Mis-sold...IMHO

 

Hopes this clarifies things for U peeps?!...lol

 

Well said, i think this explains it all. Very well done!

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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