Reclaim Unfair Bank Charges article discussion Part II

fallen_angel_shelley

wrote:

could anyone please tell what address i wright to to get statements for Lloyds TSB CREDIT CARD? is it the same as the one for banking?

monkeybadger1

Im not saying you're wrong, just debating the issue. However the guidance that decided not to issue me an allocation questionaire came from MCOL - Northampton and not my district Court. So this may have a knock on effect on others.

Regards.

Edinburghlass_2

But you said your case has been transferred to your local court from Northampton and so any future communication will be from your local court and not MCOL or Northampton?

carrieok85

Thanks Simon7685, glad to know somebody else is going through the same. As you can see from the earlier post we are now going to the local court, we received a letter saying it would be scarborough. On the same day we received a cheque from the bank for £750 for full and final settlement. We have not cashed this as we want to claim the full amount totalling £1033.84 plus £120 court fees. What stage have you got to and how much are you claiming?

cyberman_3

tezl wrote: »

good point cyberman could it be used in court?

I have just located the law as on the DTI site

http://www.dti.gov.uk/consumers/buyi...ons/index.html

Unfair Terms in Consumer Contracts Regulations
The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) provide that a term which has not been individually negotiated in a consumer contract is unfair (and hence non-binding on the consumer) if, contrary to the requirement of good faith, it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer.

Under the Regulations, the Office of Fair Trading (OFT) has an obligation to consider any complaint made to it about the fairness of any contract term drawn up for general use. OFT may seek assurances and, if necessary, injunctions against those using terms which it considers to be unfair. Certain other named bodies are also empowered to seek injunctions against unfair terms.

>>>>> non-binding on the consumer

Anything that can be used in Court to back your case must be used.

THE LAW IS THE LAW --- PERIOD.

The judge in the Lloyds TSB issue clearly was unaware of the law and hopefully he will be pointed in the right direction in future.

Martin Lewis got it right on GMTV (ITV)

The particular judge is an A'@@@ H----@@@

monkeybadger1

Sorry, I thought I had made it clear. From my understanding, an executive descision has been made at MCOL when transferring cases (including all future cases)... that the local District Courts don't send out AQs. To relieve the pressure in the system.

Once the court has received the case it carries on as normal, but in writing, like you said earlier.

This baffled me too at first as it is the first I have heard of this.

Regards.

tony101

hi all,currently in the process of claiming £3600 from lloyds tsb,at the stage now where lloyds have acknowledge claim and are going to defend so just waiting now for a+q from local county court(newport,gwent).anyway started claim back in feb and in april received letter of lloyds saying that after investigating my account that they owe me an apology and refund.they said that one of the benefits of my account(gold service)was an interest free zone within my overdraft(£300 o/d facility)but they did'nt set this up,so i have paid interest and charges when i should'nt have.they then said to "put things right quickly"we will give you a refund of interest and charges of £369.52 into your account by april 27.do you think i should report this to the financial ombudsman or banking ombuds man purely because im getting a bit angry with them over the amount of time they are taking with my claim,any replys would be greatly appreciated.....thankyou

nicki342001

Hi I have filed with MCOL against Northern Rock, and they have sent and acknowlegement with it noted that they are going to defend the claim? Is this normal????

danevans60

Hi am new to posting here dont know if im in the write thread but I want to reclaim my bank charges from halifax I have 2 accounts with them a cashcard account that I have had for 20years and another current account I have had for 3. If I reclaim my charges from the cashcard account can they close my current account down as well?

Dan

lindilou39

Hi to everyone using these boards, can I ask each and everyone of you to please consider signing this petition, you will receive an immediate response from 10 Downing street via email....

[url]Http://petitions.pm.gov.uk/Penaltycharges/[/url]

I myself have just signed ..

Many thanks

Lindi