Webbs Catering V Nationwide

[car2403]

That's what the problem is with this country lack of free speech or the inability to speak freely but if thats how your running things now who am I to argue, seems my basic rights are now been muted.

 

This may be a free Country, (which is debatable, actually) but this isn't a free speech forum - there are rules here to protect our members and the site, so please comply with them, or posts will be moderated accordingly. If you want a free speech forum, I'd highly suggest you look elsewhere, as you can't just say what you want here.

 

Back to my beef, orginally the banks were reluctant to divulge what constituted the heavy penalties and by not passing on the info the charges were unlawful, then the banks have argued the one and only area that was not fully transparent and that was the UTCCR 1999 and this is what the courts have ruled in their favour.

 

I don't know how to say this without causing offence, but you clearly have not done your homework, here. Coming to a forum and spouting information that is incorrect is out of order - some newbie may read this and think what they are seeing is incorrect. Trust me, I know how complicated this can be, but forget everything that you've been "told" about this Judgment and actually read the Judgment yourself to understand it. If you don't understand it, ask questions, but don't make statements that are inaccurate and potentially misleading to others that don't have the full facts.

 

Questions about penalties can be put to one side - the early Judgments stated that Bank Charges are not penalties and the OFT didn't see fit to appeal that section of the Judgment. It's not case closed, as this precedent could be over written, in time, but that shouldn't be our concern right now, unless we have someone with a lot of time and money on their hands to bring a claim on that basis and appeal it to a sufficiently superior Court to have the precedent overturned.

 

Further more, the Courts have not ruled anything that can be judged to allow the Banks to charge these amounts, nor have they said they are fair. What the Supreme Court did say was that the OFT cannot assess the charges for fairness on the basis of the claim that was brought - they suggested that the OFT consider regulation 5 UTCCR, but that is no easy forte to establish and successfully argue. (Which is probably why the OFT is retreating on the whole issue)

 

But still remains is if the penalties are a true reflection of your losses then you can charge that penalty....I think, why has this gone to UTCCR. Its like beer ties investigated by the OFT, beer ties are not unlawful but the prices that are charged. What are we arguing??

 

Dealt with penalties above.

 

I can't see the relation to beer ties, as there is plenty of competition around in the beer industry to one extent or the other - there is certainly more competition in that industry than there is in the Banking sector relating to Current Accounts. Try negotiating terms and conditions of a Current Account to a more beneficial position for you, as a consumer, and I suspect you will get a one-finger salute from your branch and will find yourself without a current account on that basis. It simply doesn't happen.

 

I know some of this may be difficult to get your head around, but going off half-cocked on a discussion or when bringing a claim isn't the best way to go. As CAG is a self help forum, reading the background to the campaign would really help you, IMHO.

[webbscatering]

Can I re-open this one? I cannot recall having heard from the Courts regarding the stay or if its been kicked out but its been about 8 years since the last time i done anything with this case

[webbscatering]

Going to chance my arm and go after the charges they applied to my mortgage back between 1991 to 2003, this was before we changed to Santander so they are no longer our mortgage lenders. I'm not holding out much success with this company:-x

 

 

Back in 1991 we were badly mis-sold a mortgage with a five year fixed rate of 12.9% and informed that rate would remain at the level after the term ended. How they lied to use soon after the recession hit the mortgage rates dropped to 5%, this crippled us to breaking point.:-x:-x

[webbscatering]

Found the documents and claim numbers concerning this case, it would appear on the 10th June 2008 the claim was stayed, I sent out the appeal letter on 10/2/2009 to have the Stay lifted on the grounds of hardship which was kindly put together by Martin3030, to date I have no recollection of any correspondance from the court or Natwest. What is my best course of action or my options now?

[webbscatering]

I had a reply email from Bristol Courts:

 

 

Dear Webbscatering,

Thank your for your recent email.

Unfortunately it is down to the parties in these circumstances to obtain the outcome of the Appeal Test Case and then update the court accordingly.

Kind regards.

Jeannette Perry

Civil Division

Bristol Civil & Family Justice Centre

2 Redcliff Street

Bristol

BS1 6GR

can anyone give me a suggestion on what I should do next, thanks

[dx100uk]

nothing its stayed so not really sure there is anything you can do now with the old claim far too late its outside 6yrs.

 

why not start a new reclaim and see what they do?

is this within 12yrs since they were levied?

[webbscatering]

nothing its stayed so not really sure there is anything you can do now with the old claim far too late its outside 6yrs.

 

why not start a new reclaim and see what they do?

is this within 12yrs since they were levied?

 

 

these charges were levied between 2003 to 2008, can we still claim?

[dx100uk]

2nd thoughts reading around penalty charges even on a mortgage are only 6yrs

no harm in trying mind

[webbscatering]

okay will do

[webbscatering]

can someone send me a link for the Letter before Action template to get back bank charges for unauthorised overdraft, bounced cheques, direct debits ...etc

 

 

 

many thanks

 

 

Webby

[dx100uk]

you don't send an LBA yet.

send the claim in with a covering letter and your spready