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clarion48 vs Abbey ****WON****


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Hope this thread is not to late.

 

Sorry to read about your problems. But unless I am mistaken a contract can not be enforceable if their is imbalance within it and the fees are only suppose to cover the admin so anything over that is unfair and so unenforceable?

 

On the OFT web site, under PN09/00 3 February 2000.

 

Court says First National Bank used unfair contract term. (First National ,a subsidiary of Abbey National).

 

To type this all out would take 1 finger wonder here hours.

 

But the court of appeal ruled that first National Bank was acting unfairly in the way it charged debtors.

 

In the notes 'The Office took action under the Unfair Terms in Consumer Contracts Regulations' these are the same rules we are working under so the banks know their charges are unfair.

 

Also in a paper 68/06 5 April 2006

HEADING; Current credit card default charges unfair.

 

There is plenty of information in this paper. But the one I liked is where they said that, in paragraph 3, " A Default charge is not fair simply because it is below 12." (12= £12)

 

They have to justify their charge if they cannot they have to refund the full amount.

 

I also have tapes of radio programs that have been on BBC and ITV and on the Money Program, 12th December 2006, 10pm.

 

"The Ombudsman staff were happy for customers to accept Banks offers but no longer. Last Month the Ombudsman told the banks to prove their penalties were legal or pay their customers claims in full."

 

Walter Merrick's (Chief Financial Ombudsman) said that...

 

"What I've said to the Banks is I do need them to help me resolve these complaints by either offering to refund 100% of the charges that people are claiming, or if they are not prepared to do that and they want to argue the point then I have to start down the road and investigate myself."

 

You maybe able to write to the BBC to try and obtain a copy of the transcript of the program and use some of the quotes from the program.

Their were some very interesting people on the program, including a Barrister!

 

Stick to your guns and get enough information as possible form this site.

Also just looking through my file I have found some info that was sent to me from some working on behalf of the CAB.

 

Headed; Penalty Charges on Credit Cards and Current Accounts.

 

St Austell CAB outline the law relating to bank charges and how these might be challenged when excessive.

 

It was under Quarterly Account issue no. 78 Winter 2005/2006.

 

Hope this helps and that anybody else who has info for you can post helpful address.

 

Please remember we have all struggled against the Banks. But their are great people who have helped us on this site. They have been invaluable and gave us strength.

 

This money is legally yours, and be as strong as you can.

 

Good luck from 'The Grim Reaper' (the Banks boggyman)

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Postie just arrived........guess what?......a letter from Abbey.

 

They have decided in view of their cost in defending this claim.....and without admission of any liability......to settle my claim in full.....somebody please hold me up......think I'm going faint!!!

 

Cheque is on its way...yippee!!!!!!!!

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CONGRATULATIONS!!!

:D

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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CONGRATULATIONS!!!! Thats fantastic news that they are settling in full and about time!

 

Have just been reading through your thread and looking forward to hearing the outcome.....then there was your exciting news! SO PLEASED FOR YOU !!!

 

I have just filed N1 on 15/6, deemed to be served 20/6 and Abbey have until 4th July to reply so just playing the waiting game myself now and hoping for a successful outcome such as yours.

 

WELL DONE ON RECOVERING YOUR MONEY.....BRILLIANT :lol:

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Thanks to you all......I am elated at the moment!! Just phoned my sister to tell her....it's PARTY TIME!!

 

No, MJ, no cheque in the envelope.....they said it is being raised and will be sent to me.

 

CF........did this three-legged horse win?!

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All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Thanks so much to all of you who have been a tremendous support..... Bonnie, CF, Robdblynd, Kia, Cassie, Icy, Villafan, Foxy, GaryH, Lateralus, Andy etc, etc and to name just a few......sorry if I missed anyone out. You have all been brilliant and I definitely could not have done it without you.

 

A brief rest while I'm waiting for the Information Commissioner to kick Abbey's b**t and give me my credit card statements....then I'm off again!

Will of course still be around gathering info, and helping anyone else who needs it.

 

CHEERS!!!!!!!!!!!!!!!!!!! xx

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WELL DONE YOU!!!

FANTASTIC NEWS! - Thought it was you I heard screaming from the rooftops this morning lol x

 

So pleased for you - best of luck in the future

 

Jo xxx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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Thanks Traci.......I'm absolutely elated.......so what I needed today. Will be home late tonight but hope to catch you "somewhere" then.

 

Jo......thanks for your good wishes. Yes, it probably was me shouting from the rooftops! All the very best to you too.

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