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Re: Charge Notification Letters Required
Copy of email sent to the OFT today.
"We are continuing an exercise on Legal Beagles and other Consumer sites to collect copies of the various versions of charge notification letters, responses to preliminary reclaim letters and LBA’s, sworn statements in defences and responses to general questions sent by the Banks to Consumers in relation to relevant charges .
These letters may eventually form the basis of arguments regarding Misrepresentation, contraventions of the Consumer Credit Act and resurrection of the Common Law Penalty argument. The target is to build a collection of such letters for each bank, for each account type and for each year ( covering the various changes in versions of the relevant terms and conditions for each Bank ).
What we are specifically looking for are written statements within those letters detailing exactly what the Banks considered the relevant charges were levied in respect of, perhaps confirming a breach of contract, failure to fulfill obligations or other potentially key information.
Taking into account that the Banks have successfully argued in the Supreme Court that the relevant charges are charges that they require Consumers to agree to pay as part of the price or remuneration for the package of services that the Banks agree to supply in exchange and are therefore not assessable for fairness, for price, by virtue of Regulation 6 (2) of the UTCCR 1999 regulations, we consider that evidence of a different or more specific interpretation of the relevant charges may well prove fundamental in proving either the unfairness or unlawfulness of the relevant charges, on a price based assessment, by other legal or regulatory means.
As far as we are aware this type of communication was not studied at all in either the High Court or Court of Appeal hearings.
It will, of course, take considerable time to build this collection, however Consumers are responding well and we would like to take this opportunity to make you aware of some of the most relevant quotes we have located so far. Image files of the complete letters and / or documents can be provided if required."
Copy of email sent to the OFT today.
"We are continuing an exercise on Legal Beagles and other Consumer sites to collect copies of the various versions of charge notification letters, responses to preliminary reclaim letters and LBA’s, sworn statements in defences and responses to general questions sent by the Banks to Consumers in relation to relevant charges .
These letters may eventually form the basis of arguments regarding Misrepresentation, contraventions of the Consumer Credit Act and resurrection of the Common Law Penalty argument. The target is to build a collection of such letters for each bank, for each account type and for each year ( covering the various changes in versions of the relevant terms and conditions for each Bank ).
What we are specifically looking for are written statements within those letters detailing exactly what the Banks considered the relevant charges were levied in respect of, perhaps confirming a breach of contract, failure to fulfill obligations or other potentially key information.
Taking into account that the Banks have successfully argued in the Supreme Court that the relevant charges are charges that they require Consumers to agree to pay as part of the price or remuneration for the package of services that the Banks agree to supply in exchange and are therefore not assessable for fairness, for price, by virtue of Regulation 6 (2) of the UTCCR 1999 regulations, we consider that evidence of a different or more specific interpretation of the relevant charges may well prove fundamental in proving either the unfairness or unlawfulness of the relevant charges, on a price based assessment, by other legal or regulatory means.
As far as we are aware this type of communication was not studied at all in either the High Court or Court of Appeal hearings.
It will, of course, take considerable time to build this collection, however Consumers are responding well and we would like to take this opportunity to make you aware of some of the most relevant quotes we have located so far. Image files of the complete letters and / or documents can be provided if required."
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