Since the OFT test case are there or is there anyway of finding out about court cases stayed where the bank is claimant and the majority of charges be subject to the aforementioned?
How many claims have been stayed where the Bank is CLAIMANT?
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Re: How many claims have been stayed where the Bank is CLAIMANT?
Excellent question Froggy , but I`m afraid I don`t know the answer.Last edited by Tools; 28th November 2007, 12:40:PM.Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.
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Re: How many claims have been stayed where the Bank is CLAIMANT?
Any claim issued by a bank for a debt would not include any wording to the effect of unlawful penalty charges. So would never by stayed.
BUT, if like CJ the defendant counterclaimed and included the words ' unlawful penalty charges ' in their defence , then.....BANG instant stay.
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Re: How many claims have been stayed where the Bank is CLAIMANT?
Is that then maybe where the campaign on charges SHOULD go because even if there is a debt and maybe even outstanding, then the ability to pay a debt rightfully executed could be the crux of the argument IF the charges under dispute are taken off
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Re: How many claims have been stayed where the Bank is CLAIMANT?
maybe but for any penalty charges to be removed from any such debt, the DJ or Bank would surely have to agree that the penalty charges are in fact unlawful.
I doubt the banks would reduce the debt owing by the same amount as penalty charges, as a goodwill gesture, although.... you never know
never say never
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