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HELP NEEDED, PENALTIES or UTCCR ???
Vonn
Posts: 31 Forumite
Hi
I've just put in a claim for my bank charges, of course I was turned down, as I expected to be. I was advised not to use the term Penalties, but UTCCR instead. Which I did, this is how I referred to it -
"The charges are unfair and therefore invalid under theUnfair Terms in Consumer Contracts Regulations".
Their reason for turning me down was this:
Abbey is saying - "We entered into agreed legal proceedings with OFT 27th July 2007".
The outcome means the charges you have complained about do not amount to penalties at common law and so cannot be assessed for fairness under the 'Unfair Terms in Consumer Contract Regulations 1999 (UTCCR's). We do not believe there is any legal basis the charges can be challenged.
Is there anything left to try? Is it the standard 'fob you off' letter?
Thanks
Vonn
I've just put in a claim for my bank charges, of course I was turned down, as I expected to be. I was advised not to use the term Penalties, but UTCCR instead. Which I did, this is how I referred to it -
"The charges are unfair and therefore invalid under theUnfair Terms in Consumer Contracts Regulations".
Their reason for turning me down was this:
Abbey is saying - "We entered into agreed legal proceedings with OFT 27th July 2007".
The outcome means the charges you have complained about do not amount to penalties at common law and so cannot be assessed for fairness under the 'Unfair Terms in Consumer Contract Regulations 1999 (UTCCR's). We do not believe there is any legal basis the charges can be challenged.
Is there anything left to try? Is it the standard 'fob you off' letter?
Thanks
Vonn
0
Comments
-
Follow the MSE guide on attempting to reclaim bank charges on legal grounds
http://www.moneysavingexpert.com/reclaim/oft-bank-charges
Be aware, no one has yet won using the arguments proposed. Will you be the first?"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 20100 -
Thanks Premier
You never know, fingers crossed.
Vonn0 -
Have just been reading other forums and it seems that whoever tries to make a claim for their bank charges from Abbey/Santander ends up being defaulted with debt collection agencies harassing them, is this the norm reaction?
Vonn0 -
Have just been reading other forums and it seems that whoever tries to make a claim for their bank charges from Abbey/Santander ends up being defaulted with debt collection agencies harassing them, is this the norm reaction?
How do you place an account in dispute, do you have to wait until you've been defaulted?
Vonn
Its probably con-incidence. With the bank charges case failing and most bank charge complaints being rejected, the charges are no longer in dispute and they can move bad accounts to the next stage.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
Thanks dunstonh, scarey though, that they can do things like this once you have applied for your charges.
So the balance of the account becomes in dispute from the moment you begin action against them to reclaim bank charges etc.
Vonn0
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