UTCC in conjunction with CCA's, is it possible?

[adarling2006]

as i had previously mentioned, duely posted letter off to blair oliver and scott about the money they used to off set the debt, got a reply back on the 18th, stating that they are with in their rights under the terms and conditions and no refund will be pos. hoping i'll go away more like.

i'm just going to draft another letter up just now asking for them to send me the relevant terms and condition to which they are refering to, and to duely note that under the UTCC 1999 that it is an unfair term and therefore i'm disputing said account under it. more advice would be helpful though

[joneshousehold]

That's a non-answer. I have read the thread again and my understanding is that you know they claim it was allowed under the terms and conditions and you are saying that term/condition is unfair under UTCC. All their letter does is tell you what you already know ie that it was part of the t&C's. You have taken this a step further and they have not responded on the point you raised at all. Is my understanding correct?

[adarling2006]

completely, my view is that they are a part of the HBOS and therefore right and that they are saying, it's ok u weren't to know that, now go back to sleep.

[joneshousehold]

Have you never seen a copy of the T&Cs. Why do they keep referring to them if they don't even send you a copy? Fools! I would be inclined to point out that you didn't say it wasn't in the T&Cs although you note that they haven't yet afforded you the courtesy of a copy (although one is required for S77-79 request - if you have made such a request). You can only assume from their reply that they have never actually considered UTCC and as a result you intend to take further action in the court to recover the money. You can allow say a further 14 days or such like.

 

What we really need now is a Particulars of Claim expert to come along and help with drafting the claim before you send your next letter so that you are sure of your ground and you don't just make an idle threat.

 

Is anyone out there that can help here........

[adarling2006]

no never seen a T&C doc from them, saying they can do this. it's is my understanding though that it's a current account and doesn't come under the CCA 1974, but a simply request for the full T&C's might be in order, fool them into thinking i'm laying down lol

[adarling2006]

furthermore i might add, Under the UTCC default Charges are an unfair term in contract which means said contract can be void unless it can operate without the unfair term in it, which i do believe the banks would never agree to that so again have to fight in court under the UTCC.

[joneshousehold]

I think I am following you between threads adarling2006. Have we about covered everything for you? I think I may have made a basic error on the other thread as I assumed you have made a s77 request. If I have then sorry, hope I haven't confused you too much!

[adarling2006]

it's ok, i'm getting myself confused following this one and the CCA, too many buns in the oven and my heads starting to bake

[adarling2006]

this is my response to them

 

Blair, Oliver and Scott ltd

April 23, 2007

PO Box 66

Rosyth

Fife

KY11 2WG

roll no

Dear Sir or Madam:

Thank you for responding to my letter concerning your right to off set any monies from one account to pay for a debt in another but to be perfectly blunt and honest, you haven’t even considered what I was asking for under the UTCC regulations 1999, you state under your terms and conditions that you have the right to do this, but having a right does not mean it’s lawful.

You have failed to provide me with the terms and conditions, you have failed to quote any legal statues that say you can do this, nor any case law which if I’m to assume there isn’t any as if there was you’d have pointed this out to me.

Therefore I submit my request that you refund the money that you unlawfully stole from me, and failure to comply will result in a report to the OFT, Trading standards and even to the police as to possible fraud and deception.

I trust this clarifies the position for you and I look forward to your response in 7 days time.

Failure to do so will result in said action taken against you without further notice and court proceedings to reclaim all monies back

Sincerely,

 

[joneshousehold]

I have tried to look up offsetting but haven't had much success. This is as you said in your first post, new ground and it may need to be tested in court. At least if the amount is small you will have the protection of the small claims procedure. As long as you are happy with the course of action, your letter is good. Not sure about the mention of fraud as they are claiming they hold a contractual right to do this. Your argument is just that the term is unfair not fraudulent.

[adarling2006]

ok fair point but i thought if they faced posible criminal proceedings then they would give up

[adarling2006]

posted my reply off to blair oliver and scott this morning, now we just wait and see what happens.

[adarling2006]

I've waited long enough for an answer to my complaint after writing a second letter to them, i gave 14 days notice to reply and nothing, i've put in a complaint to the complaint dept but that'll take decades and the bank are still thinking it won't come to much.

what i need now is a particular of claims expert to help me out now, i'm going to court with the UTCC 1999 asap.

[jalex_uk]

Subscribing

[adarling2006]

the more the merrier. i'll have a go on my day off on thursday with a POC so some can have a look at it.

[tiglet]

Definitely subscribing as I wish to also do this with the lovely Blair Oliver & Snott.

[hisholinessthepope]

Subscribing, you have my blessing on any action against BOS!

[adarling2006]

it is my opinion that any of the banks T&C's won't stand up in court and any unfair terms that are int hem have to be found unfair by a judge. this will be a long battle i'm sure as it's only just begining and in the small claims court a judgement there isn't going to change how the banks operate. but i hope it will let others do the same.

[shane5408]

it is my opinion that any of the banks T&C's won't stand up in court and any unfair terms that are int hem have to be found unfair by a judge. this will be a long battle i'm sure as it's only just begining and in the small claims court a judgement there isn't going to change how the banks operate. but i hope it will let others do the same.

 

 

Hiya,

 

Just been reading up on your thread, how did you get on in end? Still ongoing or have you had it heard before the courts?

 

 

kind regards,

shane

[patrickq1]

this where i should have put in my pennies worth i have argued on here for months that the reality of consent concerning the right to give your data to other excluding the taxman the police and the judge so making the act above come into force as no one could agree to givin personal data unsubstantiated to dca s experium etc so thankfully someone is looking at the right sort of dat in order to get a contract changed

[patrickq1]

or until a judge has heard the case before deciding that a default or ccj can be processed legally

[patrickq1]

what do you think shane i am convinced the t and cs concerning data to third parties aught to be qualified as legal and fair

[patrickq1]

this case looks like it may have been settled .??

[shane5408]

this case looks like it may have been settled .??

 

Hi patrick, yeah i do agree with you. not sure whats going on with thid thread, i have sent a pm to the op, would really like to know if he argued this point in court and what the outcome was.

[patrickq1]

same here i would like to know i have gone through the cases and with this one it seems like the right track i am trying to remove about 18 defaults most of them through blenheim finance and morgan stanley who incedently defaulted me during a ppi insurance payout so i am trying to find the right terms where i can mount a defense by using the reality of consent in conjunction with the mis representation act they are linked to this uutc1999 and i think its now a matter of putting it all together now...even though i cannot begin any prosecutions just yet my illness stops me as stress can cause my heart to fail so when i have my bye passes on my heart and stomach i will come out fightin,that means trouble cause im so bullheaded when i have a point to make..but my bigest bugbear at the mo is REALITY OF CONSENT and the t and c of sharing data i want to see an end to this unfair contract