Objection to stay on credit card claims

[zootscoot]

Dear District Judge xxxxxx

 

I respectfully object to the proposed order of a stay in respect of the claim xxxxxx Name vs. Bank. I respectfully ask that it be removed on the following grounds;

 

 

This claim xxxxxxx is in respect of Charges applied to my credit card account. My claim is not concerning the recovery of current bank account charges. This claim is therefore not effected by the outcome to the OFT test case and should be allowed to proceed to its natural conclusion through the courts.

This claim concerns unlawfully taken payment protection charges, non compliance with the Data Protection Act (for more than 18 months) also an erroneous default marker placed on file with various credit agencies.

 

Credit Card charges differ to current account overdraft charges, insofar as there is a clear breach of contract. Credit card charges could potentially be decided solely on the “penalty” issue of common law, without reference to the UTCCR which the OFT case focuses on. Furthermore as there is a clear breach of contract there is no question about whether or not the UTCCR applies as it has been held to apply to default provision in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97

 

Yours sincerely