Charge Notification Letters Required

[Kafka]

Re: Charge Notification Letters Required

NatWest Business Account 2006

[Tools]

Re: Charge Notification Letters Required

Budgie, were the OFT asked to supply us with the full bundle of T&C's (current and historic) that were given to them throughout the test case whether they were included for consideration or not?

[Amethyst]

Re: Charge Notification Letters Required

http://www.competition-commission.or...t/527_4-13.pdf
Pre-notification: current requirements, practices and future requirements

[ed.]

Re: Charge Notification Letters Required

Great find Ame! Just need to check it doesn't alter my DN CCA stuff, cause on a quick read I think it's saying for notice they comply with the code (competition) but the CCA requires a DN in the prescribed format.

[davidl]

Re: Charge Notification Letters Required

Ame very interesting stuff my account is with abbey and i never recive my statments till atleast the 25th of the month and the charges go out on the 4th of the month and going by the guidlines that is way out the 14days notice i should get.

[Amethyst]

Re: Charge Notification Letters Required

Does anyone have any Abbey charge notification letters from 1999/2001 ish time ?

BIG ASK I know !

[Amethyst]

Re: Charge Notification Letters Required

~I have a question regarding which documents you can use as evidence to show misrepresentation of the charging terms ?

T&C's - YES

Charge Notification letters - YES

Documents from the banks such as defences in the beginning of your claim or earlier claims, or even other claims ????????


Letters maked Without Prejudice in response to Prelim & LBA letters ~ ????????

[hicskis]

Re: Charge Notification Letters Required

Any douments relating to you personally - not other people.

Surely if you're suggesting Misrep - it's got to come out of the core contract??

Negligent Misstatement - i.e. what was written was incorrect by Law.

Example - As advertised - "This kitchen cupboard unit is made from Solid Oak". Later it transpired it was made from chip board with a solid oak veneer. Held - the unit was not made from solid oak, but with.

I do not see this argument that the terms were Misrepresented will work. People need to start realising there are two sides to the argument and a person must read and understand the contract they are signing - that's why there are cooling off (cancellation) periods.

If the contract says we will charge you this and that for going overdrawn - then if you do go overdrawn - then that is exactly what is going to happen.

[Amethyst]

Re: Charge Notification Letters Required

The Misrep argument could be basically this ? Interested on your thoughts.

The Banks' representation was false in that the ability to overdraw the Account was a service available to the Customer without any breach of conditions and the fees charged as laid out in the Banks ''Tariff of Charges'' are not ancillary to the price of a current account; the Relevant Charges are, charges that they require their customers to agree to pay as part of the price or remuneration for the package of services that they agree to supply in exchange.

In addition the Banks' representation that the Charges were an administration charge to cover the cost of the breach of contract was false.

Represented at time of opening account in 1999 as

" If you overdraw your Account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your Account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your account to bring yourself within your overdraft limit."
and further represented in 2005 Terms and Conditions as
"6.3 An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed. If you overdraw your account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your account to bring yourself within your overdraft limit"
additionally through the period 1999 to 2005 the charges were represented, by way of charge notification letters, as being ''necessary to cover the costs of the extra administrative work involved in dealing with your breach of our terms and conditions''

As a result of the matters set out above the customer has suffered loss and damage and reclaims the Sum difference between net cost to the bank of the customer being in "breach of " the banks standard "Conditions " and the Charges charged to the customers Account.

[Kafka]

Re: Charge Notification Letters Required

~I have a question regarding which documents you can use as evidence to show misrepresentation of the charging terms ?

T&C's - YES

Charge Notification letters - YES

Documents from the banks such as defences in the beginning of your claim or earlier claims, or even other claims ????????

Letters maked Without Prejudice in response to Prelim & LBA letters ~ ????????

My stayed Yorkshire bank claim from 2007 was countered by a defence sworn by the great Kirstie Ross, chief of the coven. There were a range of charges, many of which were series of automated taking of £4 per day when the account had gone over, normally through their charges. It states expressly that all the charges were genuine pre-estimates of costs involved. This has to be valid evidence as it was a sworn deposition and so transparently untrue as well.

[hicskis]

Re: Charge Notification Letters Required

My immediate reaction is that my heads spining around in circles which means the argument is doing the same - i'll look at it again tomorrow on a fresh head.

[Amethyst]

Re: Charge Notification Letters Required

My immediate reaction is that my heads spining around in circles which means the argument is doing the same - i'll look at it again tomorrow on a fresh head.

Welcome to my world lol.

[hicskis]

Re: Charge Notification Letters Required

See my response in the "CCA and UTCCR Argument" thread below this one

[Amethyst]

Re: Charge Notification Letters Required

nudge for Ame