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Darftblerk Vs Barclays Bank


darftblerk
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Just spotted this in the OFT Unfair Terms Guidance notes:

 

Penalties

Eg, interest will be charged at ten per cent per

month on any payment outstanding.

If the equipment suffers any damage, a

repair charge will be made at our

discretion. In default of payment we may

enter any premises at any time to

repossess the goods.

Consumers should not have to pay more

compensation than is really needed to cover

the damage they should have realised their

default would cause. As well as being

potentially unfair – see Schedule 2 paragraph

1(e) – excessive penalties are unenforceable

under the general law.

Penalty terms can also be unfair if they could

mislead the consumer into thinking the

supplier is entitled to more compensation than

is really the case, or if they leave the supplier

to make a charge at a level he himself

determines.

 

Smelss like Bank charges to me. If the bank won't admit what its charges really are, then the statute of limitations can be removed (lets hope the judge is in a good mood!), if not then the above provides a powerful claim against the bank.:rolleyes:

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Hi DB,

 

A bit out of my depth here but your case against Barclays must be based on legal argument established in law, ie by precedents which have been decided in court. The OFT Unfair Terms Guidance may not be something you can rely on in court.

 

Keep reading up on the subject so you know what to include for the early charges when preparing your court bundle.

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  • 2 weeks later...

Update:

 

AQ Questionnaire was complete (also attached a draft order for directions as oultined elsewhere on this site) and filed it at the court on the 14th May 2008 (Also sent a photocopy to Barclays legal). Any ideas how long I now have to wait until I hear something?

 

I'm guessing that Barclays have 14 days to return their AQ? If so, that was yesterday. What happens next?

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Hi DB,

 

The AQ's both have to be in by the same time.

 

Barclays won't send you a copy and they may submit theirs close to or slightly after the deadline. You can call the court to check if it's been rec'd. I wouldn't bother asking for a copy - it won't help you at all.

 

Next, you should here from the court that your case has been Stayed pending determination of the OFT case.

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