Breach of Contract

[kaldeepk]

I have a question.

 

When i took out my credit card with Abbey National it was because they boasted they operated within the Banking Code of Practice and that they would treat my account sympathetically if i was to run into difficulty.

 

I ran into difficulty ( lost my job) and rang Abbey national expecting them to honor their promise.

 

Instead they sold my account to Reston Solicitors and within weeks sent me a court order. They ignored all offers of reduced payment and refused to deal with CAB on my behalf. Yet they still send me letters suggesting they operate within the Banking Standards Code.

 

I believe that they are in breach of their contract and that the card was miss sold to me since they have neither treated my account sympathetically or followed the Banking Code. I further believe that their breaches have caused me a financial loss and emotional torment.

 

Further more they have refused to comply with the Consumer Credit Act in that they have not provided me with a true copy of my original terms and conditions.

 

Surely I should now be able to sue them for my losses?

 

Any thoughts on this would be welcome as i am considering a small claims court action against them.

[adamc6671]

Kaldeepk - have you asked them for evidence of how they have honoured the Banking Code of Practice, and the contract you have with them, in behaving as they have? Having said that, in my dealings with Abbey / Santander (on behalf of someone else) they have never shown any evidence of behaving sympathetically!

 

I suspect also that they may be in breach of the Consumer Credit Act 1974 (as ammended) on more points than just failing to provide T&C's. I'm not a lawyer so can't say that for definate, but it may be well worth your while seeking formal legal advice on taking court action against them. It seems to me that you may have a good case, especially as you seem to be in genuine hardship having lost your job.

 

I'd be very interested to read how this progresses, as what you are saying seems to be relevant to bank charge claims as well in many respects.

 

Just out of interest, I assume they have applied charges to your credit card account for missed payments etc - have they at any time exceeded the £12 a time that is now accepted as the ceiling of a 'reasonable' charge?