Hi all
I have begun a Money Claim Online against Lloyds for £130. They have filed a defence stating that:
- by using the account the customer acknowledges that the charges are incorperated into the contract.
- there is no breach of contract, the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre estimate of the banks loss.
- the charge are terms which relate to the price payable by the customer for a service provided by the bank and pursuant to reg 6 of the UTCCR 1999 are not subject to an assessment of fairness.
What is the law to defeat this?
regards
jasonw