Reclaiming Cascading Bank Charges

[Guest Lueeze]

I dont understand either? What admission?

[Guest NATTIE]

Lueeze- I think adridude is saying that because of the OFT re CC charges and that the LTSB bod saying they were fair that he has a case based on the fact that the person is saying charges are fair and OFT say No. I think

[lookinforinfo]

I don't think you will get very far with it. Some time ago , I complained to the OFT about the exact claim that you are talking about. They said that as it was

only an opinion there was little they could do.

[Glenn UK]

I thnk what you actually need is a ceo from abank or similar to stand in court and say it.

 

But unless he or she is entirely stupid that is unliley to happen.

 

JMHO

 

GLenn

[Stopthethieves]

What EXACTLY did you ask them for under s 10 of the DPA?

 

Regards

[adridude]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

I sent them that as the majority of the refinance is what they owe me. Probklem is, it's been pointed out by another bank that the OFT only anniounced unfair charges on credit cards. If this is the case, im screwed.

[adridude]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

[adridude]

I will only use the templates when needed; as far as I'm concerned, I've got nothing else to say to them

[lee6370]

Forget the OFT report, yes it was about credit cards but the banks do not have to take any notice of it so don't worry what it's about (although it does state that the same principles apply to bank charges).

 

Regardless of what the banks or the OFT say, bank charges are unlawful, so read the FAQ and start the ball rolling.

 

*Edit: I've just clicked on your link, i'm not sure this is the letter you want to send, what is it you want to do? Please read the FAQ before sending anything to the banks.

[adridude]

i want to get my details back from 3rd partis, such as DCA's.

[Stopthethieves]

Please explain the difference between UNLAWFUL and ILLEGAL.

 

To my mind they are one and the same, it seems to me just to emphasize the severity of the offence.

 

i.e Illegal sounds worse than unlawful.

 

To me if you do something unlawful then it is illegal and if something is illegal then it is unlawful!!!

 

Correct me if I am wrong and tell me where you get your information from....

 

Regards

[dave]

Generally (all though by all means not accepted in all countries, but is regarded as de-facto):

 

Unlawful means it's a civil matter.

Illegal means it's a criminal matter.

 

For the banks to breach a civil contract or not adhere to contract law is a civil matter and would be persued through the County Courts, not the Crown Court (or which a Magistrate Court is a subsidary).

 

Personally, I also believe that it's obtaining a pecuniary advantage by deception, but to prove it would be difficult and proceedings would have to be brought against a specific person.

[meagain]

IIRC, we have had one member who pointed out such a loan to their bank, and the bank offered a settlement in the sum on the entirety of the charges, o/d interest, and the original principal of the loan. You might be able to argue that you would not otherwise have needed to take out such a loan. However, given that you can provide evidence of the loan and evidence of the charges, it's a simple matter to make a sufficient case for this, especially if the amounts are of the same order of magnitude (e.g. £2500 charges before a £3000 loan might be successful, £500 charges before a £10000 loan probably will not).

 

Remember, in any claim in a civil court, you need to demonstrate that, on the balance of probabilities, it is more likely that the defendant caused your losses than that they didn't.

[Stopthethieves]

Most appreciated.

 

Thank you very much for clarifying this.

 

Regards

[adridude]

yep. Buchannon, Clarke and Wells.

 

Lloyds seemed to have complied with my request to stop processing personal data. but now they want to pass it to county courts instead!

 

HSBC, wrote back and refuse to comply, Buchannon, Clarke and Wells don't care that they are in dispute and want me to spend more money on calling them, sending documents (meant for their client) etc...

 

I ahve told them, they can get a full, diariased log of events from their clients, HSBC, and if their client wishes to do so, can pass my corrispondence to them.

 

They dont care, sent a nasty letter saying that I am ignoring all attempts of contact.

 

How annoying!

[adridude]

apologies!

 

Can someone merge this thread with this:

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/18668-adridude-hsbs-complications.html

 

Sorry again! All info is in there.

 

Cheers

 

Adrian

[adridude]

Iirc?

[PhantomReclaimer]

I think people are broadly right here. You can claim for whatever you want but to be successful you would need to show that wat you are claiming for was a loss flow flowed directly and nuturally from their unlawful act.

 

Illness and distress and the like would be extremely difficult to prove as being caused by them even if your charges were your only debt.

 

I definately agree that people should be pursuing things like thew costs involved in having to take higher rates on other credit agreements of that have been caused wholy or in part by defaults resulting from unlawfully levied charges.

 

P.