Information the bank is likely to ask of you before court

[Amethyst]

If you can't answer these questions for the areas you are basing your claim on you need to reconsider whether court action is right for you.


Unfair Terms in Consumer Contracts Regulations

1) Specify WHICH terms of the contract create an imbalance to the detriment of the Claimant and why.


Consumer Credit Act - unfair relationship

1) Specify WHICH terms of the contract create an unfair relationship to the detriment of the Claimant and why.

2) Specify what and when acts or ommissions by the Defendant are regarded to be unfair took place and by whom.


Anti-competitive behaviour

1) What, when and by whom, acts or ommissions on the part of the Defendant are considered to be anti competitive

2) Particularise your losses as a result of the alledged anti competitive behaviour

3) Specify in full the relevant terms which the Claimant considers have caused the price of the account to be higher than in a competitve market.


Misrepresentation

1) Specify WHICH terms have been misrepresented

2) What misrepresentations were made, where they were made and by whom.

3) Which sections of the Misrepresentation Act 1967 you rely on, and provide case law to support your view.


Plain Intelligible Language
(this will be a claim for the overall contract NOT the charging terms as they have already been judged on in high court)

1) Specify by reference to TERMS AND CONDITIONS of the standard form agreement relied on the terms considered to be ambiguous and not in plain intelligible language

2) Specify why any of the TERMS AND CONDITIONS the terms are considered to be ambiguous and not in plain intelligible language

3) Provide case law, statutory provision and regulations relied on to support the contentions that any of the TERMS AND CONDITIONS the terms are considered to be ambiguous and not in plain intelligible language

[TUTTSI]

Re: Information the bank is likely to ask of you before court

Well done Ame,

That has made it very much clearer for the peeps who are at a loss as to what they need to do for the way forward or not as the case may be and this is very much appreciated.

I will start to look at mine at the weekend in much more detail and have a rummage through my old Abbey files.


Tuttsi xx

ps I can remember one trick that my bank did to me and I hope I still have the correspondence which confirms this as although I was on this occasion I was refunded, goodness knows how many times they did it in the past and not just to me. That day all my benefits were swallowed up in charges.

In fact I had several receipts which were clearing on a Monday morning more than enough to cover the DD's going out on the same day.

What did the bank do - They processed the DD's at 1 minute past midnight and did not update the incoming cleared receipts such as WTC/CB etc untill after 9:15am.

The consequence was they charged (from memory) 3 x £30ish). After spending hours on the phone arround the world I finally and after a lot of agrevation did receive for this day only a full refund on these charges.

This was one incident that I found out about and I was furious that I had cleared funds on that same day and I should not have been charged. If I had not have checked this out on this particular occasion I would not have picked this up so easily. I firmly believe that a working day is at the close of business and they should always allow you to be able to cover DD's by banking cash before the close of business.

This I believe firmly that this is an inbalance weighed specifically in the banks favour and thus is an unfair on the consumer.

I look forward to seeing what anyone else thinks?

[MIKE770]

Re: Information the bank is likely to ask of you before court

Well done Ame,

That has made it very much clearer for the peeps who are at a loss as to what they need to do for the way forward or not as the case may be and this is very much appreciated.

I will start to look at mine at the weekend in much more detail and have a rummage through my old Abbey files.


Tuttsi xx

ps I can remember one trick that my bank did to me and I hope I still have the correspondence which confirms this as although I was on this occasion I was refunded, goodness knows how many times they did it in the past and not just to me. That day all my benefits were swallowed up in charges.

In fact I had several receipts which were clearing on a Monday morning more than enough to cover the DD's going out on the same day.

What did the bank do - They processed the DD's at 1 minute past midnight and did not update the incoming cleared receipts such as WTC/CB etc untill after 9:15am.

The consequence was they charged (from memory) 3 x £30ish). After spending hours on the phone arround the world I finally and after a lot of agrevation did receive for this day only a full refund on these charges.

This was one incident that I found out about and I was furious that I had cleared funds on that same day and I should not have been charged. If I had not have checked this out on this particular occasion I would not have picked this up so easily. I firmly believe that a working day is at the close of business and they should always allow you to be able to cover DD's by banking cash before the close of business.

This I believe firmly that this is an inbalance weighed specifically in the banks favour and thus is an unfair on the consumer.

I look forward to seeing what anyone else thinks?

My O.H. has had the same happen paid early/pay in when Bank opens on the same day then a charge (HSBC) she is on her way there now, blazen ignorance after Court judgement as in the past no problem on the same pay in/out day/.

[MIKE770]

Re: Information the bank is likely to ask of you before court

My O.H. has had the same happen paid early/pay in when Bank opens on the same day then a charge (HSBC) she is on her way there now, blazen ignorance after Court judgement as in the past no problem on the same pay in/out day/.

The Branch refuse her request to cancel charge, stating the DD comes out at Midnight before credits (and Bank opens-OH paid in @ 14.45hrs) same day, this use not to be a problem, so she walked out after stating she will contact Customer Care, she says she got a dirty look from the guy. anybody else been through this?????

Wonder where in their so called rules they can debit before credits on the day???????

[TUTTSI]

Re: Information the bank is likely to ask of you before court

As you know Mike this did happen to me and I took it up with Customer Services. if they don't play ball then you can always take it up further up the line with the CEO.

Has your wife tried checking the T&C's to see if this is mentioned in there - it must be in the rules as if it is not they are in big trouble.

Personally, I would get her to write a letter of complaint rather than speak to them.

Good luck
Tuttsi

The Branch refuse her request to cancel charge, stating the DD comes out at Midnight before credits (and Bank opens-OH paid in @ 14.45hrs) same day, this use not to be a problem, so she walked out after stating she will contact Customer Care, she says she got a dirty look from the guy. anybody else been through this?????

Wonder where in their so called rules they can debit before credits on the day???????

[mamamia]

Re: Information the bank is likely to ask of you before court

Thanks Ame, that's a real good posting, will make things so much clearer for everyone.

Just for interest sake, has anyone seen this on the BBC news, wonder how that case is going to pan out?

http://news.bbc.co.uk/1/hi/business/8528209.stm


Mamamia