Where can I get old Terms and Conditions details?

Kurt_Hamster

Skeletor wrote: »

Thanks chaps, I'll forward my request to Cobbetts also, taking note of the earlier indicator in this thread about the difference between "unlawful" and "illegal".

Good move

Should I point out to the court that I have requested the information at this stage (I have sent the CPR 18 refusal letter and I'm waiting for a hearing date) or should I just raise it at the hearing if I don't get the information in time? Am I even entitled to the information as I didn't cooperate with their CPR 18 request?

The usual thing to do is to send the the court copies of any letters you send to the solicitor (with the exception of "without prejudice" letters).

Actually it's a win-win for you. If you get what you ask for you get what you ask for, if you don't then the court knows that they wouldn't send it to you and that's a point taken off for the bank!

I'm slightly concerned about how asking for old T&Cs might be perceived. I mean, how can I be reclaiming these charges as unlawful if it's clear that I don't have the old T&Cs and don't really know what they say?

All you are doing is asking for documentation. It's no different from the solicitor asking for a list of the charges when the bank already has them. The judge will just see it as legal manoeuvring which is perfectly acceptable.

Skeletor

Thanks again Kurt. Does this sound like a reasonable request? Obviously I have little legal knowledge.

XXXX XXXX
Cobbetts LLP
Ship Canal House
King Street
Manchester
M2 4WB


Dear XXXXXX,

Claim no: XXXXXXX
Your ref: XXX/XXXXXXX-XXXX

Account Name: XXXX XXXX
Account number: XXXXXXXX
Sort Code: XXXXXX

I am writing to request that the Defendant, National Westminster Bank Plc, provides all the Terms and Conditions under which the above bank account was subject to between October 2002 and November 2006. This information is necessary to allow the Claimant to identify which clauses were applied in charging the Claimant’s bank account which the Claimant contests as unlawful.


Yours sincerely


XXXXXXXXXX

nuttynik1965

After reading through the T&Cs attatched to my flexaccount, I have agreed to allow Nationwide to withdraw charges from my account. Section 18 ii). These include interest charges I am not wishing to dispute.

http://www.nationwide.co.uk/pdf/current_account/P9292_FlexTermsConditions.pdf

Nowhere have I agreed to allow them to withdraw 'Fees'. Including, Unpaid Direct Debit Fee, Unauth Overdraft Fee and any other fees they feel at liberty to levy. Which have been dutifully taken from my account to the tune of £3,061.50

The word fee or any dirivitive are not to be found anywhere in the T&Cs.

Is it possible this is a good argument to use when reclaiming these fees?

lea2001gb

I have just found a copy of Halifax T's and C's for October 2006 and wondered if they were any good. The information reads: -

19 When will you have to pay charges and when can we change them?

19.1 We can make charges on your account. We can also make charges for services or facilities we make available to you. Please ask us for a copy of the current charges (including those for day-to-day services) which may apply to halifax current accounts and cardcash accounts.

19.2 We can change the amounts we charge you to reflect changes (including changes caused by inflation) in:
- the costs of running your account
- the costs we incur in carrying out any activity connected with
your account (including the costs of dealing with any breach by
you of these conditions or special conditions); or
- the cost of providing the services and facilities on your account.

We can also make new or different charges to reflect the costs of providing existing, or new or diferent services or facilities on your account.

19.3 We can also change the amounts we charge you, make new or
different charges, and change how you have to pay charges, for
any other valid reason.

19.4 We will advise you of any changes in conditions 19.2 and 19.3 for the day-to-day running of your account, at least 30 days' beforehand in writing.

I have have entire 21 pages of blurb!!! Makes very boring reading. There is also a table at the back that is label account charges. It claims that all the charges are 'Administrative Fees'.

hm71_2

I don't know if it occured to anyone else but in the T&Cs listed for halifax on http://web.archive.org/web/200210160...l#unauthorised
It shows that students only get charged £2.50 whereas everyone else gets £30. does that not show that they are able to cover the administration of processing such actions by only charging £2.50. just thought it was strange.

lea2001gb

I just tried accessing the link of http://web.archive.org/web/200210160...l#unauthorised and it wouldn't let me in, something about archiving - is this link any good?

hm71_2

hi, well i've just used it to get halifax T&Cs from aprill 1999. try putting in https://www.archive.org and then from there the website you want For example I put in halifax.co.uk and then it gives you a list of "archived" websites select the one you want. hope that helps;)

hm71_2

or click on the link as provided and then at top of page in search box put site you want.;)

kellymundy

Does anyone have a letter template so i can ask my bank for the T&C that were on my account at the time it was opened.
I have figured that if i ask them for them then it's a win win situation! If they send them to me i have more ammo for my court information, and if they don't then it just comes over that they have something to hide.
So if anyone has this letter i would be very grateful.
Thanks.
K.Mundy.

Kurt_Hamster

"Please send me the Terms and Conditions that apply to my account and all amendments between then and now"?

That should do it