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Penalty Charges UK - Fighting your Corner for FREE
Dear Karne
As you might be aware PenaltyCharges was originally set up to provide consumers all the help, support and legal advice they needed to claim back their bank charges.
Now, due to the huge success of this site, Penaltycharges now offers FREE advice and information covering a very wide variety of different legal problems. We have step-by-step guides, template letters and copies of the relevant legislation all ready for you to use, and the best part it’s all FREE.
Our aim is to make you aware of your rights as a consumer, enabling you to fight back, against large corporations/local authorities that abuse their position. On the websites forum you will find a large selection of different categories that we offer advice on. Here is a very short example of some of those: Credit Agreements, Debt Collection Agencies, Holiday Companies, Bailiffs, Landlords & Tenants, Payment Protection Insurance, Traffic Offences, Utility Suppliers, Harassment, Bank Charges an Credit Card charges.
Due to the growth of the site we have decided that a redesign is needed to make sure we that people are aware of different advice we offer. We also asked the designer to make sure the site is a more user friendly to people with disabilities. Therefore we need your help to raise the funds for this. The total cost is £2298.85 so please if you can donate even just £1.00 please do. You can donate via send a payment through PayPal to stephen@penaltycharges.co.uk or Postal Donations (Cheques / Postal Orders ONLY) To: Stephen Hone, PO Box 840, Horsham, RH12 9FQ.
For full details please see THE NEW WEBSITE DONATION FORUM.
HOUSE OF LORDS TEST CASE
At long last the the house of lords hearing will here the case of the , Office of Fair Trading (Respondents) v Abbey National PLC and others (Appellants) the hearing is listed for Tuesday 23 June –Thursday 25 June. Please note we don’t expect the judgement until the end of August/October.
AFTER THE TEST CASE
There will be a further legal arguments after the test case, when we win the banks and the FSA will probably argue that consumers are entitled to a proportion of the charges back I.e. the amount that the OFT say is above a fair charge.
We will be advising our members to look at claiming the full amount back. Because if the term is unfair, then under the regulations its void.
Under section 8 of the UTTCR it states:Effect of unfair term
8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.
Therefore the banks will need to prove that there was either an express term or an implied term in the contract, which allows them to claim a fair charge. Clearly there is no such term. Therefore you should claim for the full amount of all charges. Plus cost etc.
After this there will be request sand possible legal action in respect of defaults that have been registered on credit reports. We will also be advising members to claim for damages when there is sufficient evidence to prove a direct link between the default and the losses suffered because of that default notice.
please note, if you wish to remove your account please email stephen@penaltycharges.co.uk with you account user name and the email address you registered with.
Dear Karne
As you might be aware PenaltyCharges was originally set up to provide consumers all the help, support and legal advice they needed to claim back their bank charges.
Now, due to the huge success of this site, Penaltycharges now offers FREE advice and information covering a very wide variety of different legal problems. We have step-by-step guides, template letters and copies of the relevant legislation all ready for you to use, and the best part it’s all FREE.
Our aim is to make you aware of your rights as a consumer, enabling you to fight back, against large corporations/local authorities that abuse their position. On the websites forum you will find a large selection of different categories that we offer advice on. Here is a very short example of some of those: Credit Agreements, Debt Collection Agencies, Holiday Companies, Bailiffs, Landlords & Tenants, Payment Protection Insurance, Traffic Offences, Utility Suppliers, Harassment, Bank Charges an Credit Card charges.
Due to the growth of the site we have decided that a redesign is needed to make sure we that people are aware of different advice we offer. We also asked the designer to make sure the site is a more user friendly to people with disabilities. Therefore we need your help to raise the funds for this. The total cost is £2298.85 so please if you can donate even just £1.00 please do. You can donate via send a payment through PayPal to stephen@penaltycharges.co.uk or Postal Donations (Cheques / Postal Orders ONLY) To: Stephen Hone, PO Box 840, Horsham, RH12 9FQ.
For full details please see THE NEW WEBSITE DONATION FORUM.
HOUSE OF LORDS TEST CASE
At long last the the house of lords hearing will here the case of the , Office of Fair Trading (Respondents) v Abbey National PLC and others (Appellants) the hearing is listed for Tuesday 23 June –Thursday 25 June. Please note we don’t expect the judgement until the end of August/October.
AFTER THE TEST CASE
There will be a further legal arguments after the test case, when we win the banks and the FSA will probably argue that consumers are entitled to a proportion of the charges back I.e. the amount that the OFT say is above a fair charge.
We will be advising our members to look at claiming the full amount back. Because if the term is unfair, then under the regulations its void.
Under section 8 of the UTTCR it states:Effect of unfair term
8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.
Therefore the banks will need to prove that there was either an express term or an implied term in the contract, which allows them to claim a fair charge. Clearly there is no such term. Therefore you should claim for the full amount of all charges. Plus cost etc.
After this there will be request sand possible legal action in respect of defaults that have been registered on credit reports. We will also be advising members to claim for damages when there is sufficient evidence to prove a direct link between the default and the losses suffered because of that default notice.
please note, if you wish to remove your account please email stephen@penaltycharges.co.uk with you account user name and the email address you registered with.
