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Should i continue?

2»

Comments

  • orc_2
    orc_2 Posts: 563 Forumite
    edited 11 June 2010 at 9:10PM
    Yet again you exhibit the patience of a saint.
    Please ignore those people who post on this forum who deliberately try to misinform you. Don't be bullied by them, don't be blamed by them. You know who I mean.
    You come here for advice, help and support- thats what I and like minded others will try to do.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Since when did a court say that they were fair?
    I don't think they have said either way have they?

    As you go onto say
    Only a court can decide finally whether a term is unfair,
    or not, hence my previous post ;)
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier wrote: »
    I don't think they have said either way have they?

    As you go onto say
    or not, hence my previous post ;)

    Ultimately a court has never stated that £12.00 is a fair charge, the OFT have not stated it is a fair charge but merely that they would not go to court with an enforcement action. I would add that it is much more difficult to prove that £12 is fair than for the bank charges argument because a late payment is not really producing a service especially if someone is within their credit limit. You are out of your depth on credit card reclaiming, Premier. When we get a case in court that loses in a precedent setting court(your criteria on bank charges) then we will see what the outcome is.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 12 June 2010 at 11:52AM
    Ultimately a court has never stated that £12.00 is a fair charge,....

    Nor have they said it is unfair.

    As we have both said

    Only a court can decide finally whether a term is unfair
    or not, and the OFT won't be doing it for you when the charges are not in excess of £12.

    Hence my previous post.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier wrote: »
    Nor have they said it is unfair.

    As we have both said

    or not, and the OFT won't be doing it for you when the charges are not in excess of £12.

    Hence my previous post.

    I am going to be pedantic on the last bit. The OFT will never take action on behalf of individual customer's. For example, they won't represent me alone in an action against Smith's bank. They will look at the entire market and where enforcement action is needed will do so on the basis of a detriment to a whole group of consumers. To give the OFT their dues, they did get the actual costs from the major card providers and set a limit based on that. However, the idea of a £12 cap was so that card providers would charge the cost for the breach and in this way provide more competition. As we know with self regulation, it rarely works and doesn't in this instance. Most companies will pay out 100% of any claim where the £12.00 is asked for in spite of their arguments that they did not agree with the report contents.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 12 June 2010 at 12:32PM
    I am going to be pedantic on the last bit. ....

    Quite! :cool:

    To refer back to the OFT's press release:
    ...Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play...

    It would be most unlikely that a particular individual customer had a different set of charges applied to them compared with the established and published general terms and conditions that applied to all the other customers.
    ...Most companies will pay out 100% of any claim where the £12.00 is asked for in spite of their arguments that they did not agree with the report contents.

    If that is a statement of fact, please provide a link.

    If it is simply your opinion, fine :). I believe you have been onto MSE Martin about this, but see he hasn't changed the information in his article you disagree with.

    I'm more than happy to allow others draw their own conclusions over that too. :)
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier wrote: »
    Quite! :cool:

    To refer back to the OFT's press release:


    It would be most unlikely that a particular individual customer had a different set of charges applied to them compared with the established and published general terms and conditions that applied to all the other customers.



    If that is a statement of fact, please provide a link.
    You haven't read the successes at the top of the forum?
    If it is simply your opinion, fine :). I believe you have been onto MSE Martin about this, but see he hasn't changed the information in his article you disagree with.
    To be honest, I deal with his site team but I hadn't actually spoken with site team with regards to the £12 charges since most people on here know my reputation on the forums which to be blunt, means I can advise people in a manner that may not be in the same vein as Martin's.If we all just posted advice as Martin might want us to then some people would have let the bank get away with murder. I won't even if others might want to ;)
    I'm more than happy to allow others draw their own conclusions over that too. :)

    See above. As I said, I have not spoken to site team re the credit card charges guide. I have on the bank charges guide and the lack of better information on financial hardship. You might have noticed the online links stickie(which was as a result of me asking that it be done). Perhaps when the alcohol has subsided, the World Cup football is over and I have time to do it, I might contact site team but for now, I don't have the time.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    ... As I said, I have not spoken to site team re the credit card charges guide. ...

    No? See Post #2 of this thread by MSE Penelope ;)
    https://forums.moneysavingexpert.com/discussion/2490463
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier wrote: »
    No? See Post #2 of this thread by MSE Penelope ;)
    https://forums.moneysavingexpert.com/discussion/2490463

    Ermm, NO. I asked the question on the thread which received no response. In fact, I quote the report in full. On previous occasions when I have said I would speak with Site team over a Guide(usually bank charges) that is exactly what I have done. With regards to this one, I didn't say I would speak with site team but I don't agree with the advice that you should accept the difference between what they used to charge and the £12.00 or in the case of Egg £16 limit which the OFT set in April; 2006.

    Can I clarify with you, the definition you have of speaking to site team? For me, I do this out of the public eyes via email. If posting on the forum asking the question is your definition of asking site team then, yes, I clearly have done and received no response whatsoever.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
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