Banks charge £12

PaulDesmond

Yes I agree "claiming a letter wasn't received" but we are not talking about a single letter we are talking about 4 letters over a period of 2 years. It is my belief they are not sending them and I think that a judge would agree. This is only one of 10 charges I have against them.


A computer can automatically add a record to the database but the letters have to taken off a printer, stuffed into an envelop and put in the out tray. We are talking of 4 times here.

Buzby

Even if they did not, your action is I'll-advised as the chances of success are remote.

If you are hoping the lack of a letter somehow makes them liable, it doesn't. Also you are confusing a CCA Default with being 'in default' of your payment agreement.

If the CRA data is incorrect, then you get it corrected, but your hope that the frequency of defaults shows them at fault does nothing of the sort - indeed it works against you as not being vigilant over your finances.

Incompetence (by a CC) is allowed, and your agreement for them to disclose your dealings is called a waiver of your DPA right to privacy, so in addition to your cost of raising the action, do remember if you lose, you also pay their capped costs too (around £150) so you might wish to take stock and resolve actual valid issues informally.

opinions4u

Have you considered using the FOS for free?

nomoneytoday

Did you go overdrawn 4 times?

grumbler

PaulDesmond wrote: »

...If no default letters are sent out then they can not default me. Consumer Credit act 2006 Section 12 86E

So, what's the problem? The default in your file(s) or the charges that the OP was about?

meer53

Were you receiving statements ?

Hominu

PaulDesmond wrote: »

Yes I agree "claiming a letter wasn't received" but we are not talking about a single letter we are talking about 4 letters over a period of 2 years. It is my belief they are not sending them and I think that a judge would agree. This is only one of 10 charges I have against them.

It is perfectly acceptable for a creditor to only send out a default letter after a number of payments have been missed. Some may decide to wait until 6 payments have been missed before sending out a default letter.

Are you perhaps mixing up the default letter with a notification of charges letter?

jellie

PaulDesmond wrote: »

A computer can automatically add a record to the database but the letters have to taken off a printer, stuffed into an envelop and put in the out tray. We are talking of 4 times here.

Letters can be issued just by the pressing of a button, and often not even that. They don't necessarily have to be printed and stuffed in an envelope by somebody.

Lots of processes are fully automated, including sending out default notices. So your thinking on this aspect does seem to be a little flawed.

PaulW922

For clarity on the £12 charge thing - in the case of credit Cards the OFT ruled that the charges should reflect the actual costs of handling the individual 'breach'. They also said that they would automatically regard any charge in excess of £12 as unfair regardless. The CC companies took this as an excuse to charge £12 for everything!

YorkshireBoy

PaulW922 wrote: »

They also said that they would automatically regard any charge in excess of £12 as unfair regardless.

Not entirely correct.


Where individual organisations could demonstrate their costs could be higher than this, they were allowed to charge more without the OFT automatically presuming them to be unfair.


Egg Banking were one such organisation (and were charging £16). There may be others?