Sheriff puts Bank of Scotland to proof on bank charges

[Bigdebtor]

Disexylic

 

Surely one of life's ironies that it is such a difficult word to spell!

 

BD

[Dysexlic]

Hi George,

Do you mindmif I ask if you are disputing an existing bank charge that you haven't gone to court about?

 

I think you can use Reg 5 and section 140, but I'm still looking for confirmation.

 

T

[rdm2006]

Disexylic

 

Surely one of life's ironies that it is such a difficult word to spell!

 

BD

 

Dyslexic - I think it was a deliberate mis-spelling but what a cunning stunt. (If ya know what I mean) LOL

[biggeorge]

Hi Dysexlic, Yes its current bank charges that I never actually got to the court stage with. Bank refused refund until the test case was over and now I receive a letter demanding payment or further action and close my account.

 

The amount is small that owes but all from 2 failed dd charges.

 

George

[Bigdebtor]

If only 2 DD charge sthen I would threaten to go to FOS - do so if they don't play ball as it will cost them more than the cost of your refund.

 

In any case this will buy you time until the Sheriff Court case is heard as they can't pursue while FOS is looking at it.

 

BD

[Bigdebtor]

Dyslexic - I think it was a deliberate mis-spelling but what a cunning stunt. (If ya know what I mean) LOL

 

How would he know he'd misspelled it?

[Dysexlic]

oh she knew she mispelled it. Misspelled? Mispelled? I really shouldn't get involved in posting messages. You would think that someone would have come up with a suitably easy word to spell for the likes of me.

 

[mark1arby]

oh she knew she mispelled it. Misspelled? Mispelled? I really shouldn't get involved in posting messages. You would think that someone would have come up with a suitably easy word to spell for the likes of me.

 

 

HA! HA! Love the Banter!!! Run your Cursor over the word misspelled above??? Are they misspelling misspelt to prove a Point???:?

 

Cheers, MARK

[Bigdebtor]

oh she knew she mispelled it. Misspelled? Mispelled? I really shouldn't get involved in posting messages. You would think that someone would have come up with a suitably easy word to spell for the likes of me.

 

 

Dyssie (not trying for anything longer any more - too confused now!)

THAT was the point I tried to make in Post 201! It's SOOOO wrong that they label this affliction with a word that is so impossible to spell - there should be a law against it - it should be dislecksick - as it sounds - just like DCA should be spelled FLESHCRAWLING - like they sound!

 

Mark - no - they were just mispelled or mispelt. (Isn't that when you fail to pelt someone?)

 

BD

Edited March 16, 2010 by Bigdebtor
trying to sort out spelling - gave up!

[Dysexlic]

Just call me Dyzzie,

 

All I found was ebay bargains!? Maybe they should change to 'cantspellwords'?

 

Can anyone tell me how to upload a document. I have found wording for new POC in relation to Section 14 CCA

 

Dysexlic

Edited March 16, 2010 by Dysexlic

[Dysexlic]

Ok, I think I've uploaded the document.

 

If I have can anyone tell me what they think and whether I should go ahead with this new POC

 

Thanks

 

Dysexlic

New-BC-POC-amend.rtf

[royboy68]

Nice find Dysexlic

[kennyh]

You will have to get evidence which relates to a time in which you held your account

so if I've had an account for 20 years (luddite that I is) I would only need the latest?

[Poor-Credit Borrower]

Welcome to the CAG, Dysexlic, as you're fairly new. I'm not all that far from you, living in Croydon (Surrey). and thank you for the recent POC document you've posted.

 

Despite the title of this thread "Sheriff puts Bank of Scotland to proof...", can I take it that this is a general thread on bank charges in the UK?

 

It is a little difficult for me to make my claim against the Abbey sound "personal" as it was a while ago since the bank charges, perhaps I should ask for statements over the last 6 years or so? More importantly I think I should ask them NOT to close my case, as I claimed at least 3 years ago and would lose the majority of the charges-claimed-for if I made a fresh claim just from now...

 

Welcome to the CAG, Dysexlic, as you're fairly new. I'm not all that far from you, living in Croydon (Surrey). and thank you for the recent POC document you've posted.

 

Despite the title of this thread "Sheriff puts Bank of Scotland to proof...", can I take it that this is a general thread on bank charges in the UK?

 

It is a little difficult for me to make my claim against the Abbey sound "personal" as it was a while ago since the bank charges, perhaps I should ask for statements over the last 6 years or so? More importantly I think I should ask them NOT to close my case, as I claimed at least 3 years ago and would lose the majority of the charges-claimed-for if I made a fresh claim just from now...

 

Kennyh, in reply to your query "so if I've had an account for 20 years (luddite that I is) I would only need the latest?", I think it is only the last 6 years you can claim for so ask for evidence during that time.

Edited March 17, 2010 by citizenB
duplicated posts

[kennyh]

PCB,

I'm OK with the statute of limitation; read up on it you might well find it to your benefit.

You would also benefit from opening a thread in Abbey forum since there's a LOT of folk with good experience on just how far back Abbey hold records.

Ken

[Poor-Credit Borrower]

Thanks for your help, Ken. I will have a look at the Abbey forum some time today. PCB

[bustthematrix]

Ok, I think I've uploaded the document.

 

If I have can anyone tell me what they think and whether I should go ahead with this new POC

 

Thanks

 

Dysexlic

Hi All, has anyone had a look at this?

 

Can it be used for other types of standard, unevidenced charges levied by non-current account lenders? e.g. mortgages, car finance, secured loans etc?

[Dysexlic]

Hi,

 

PCB, I think it's 6 years only and I would imagine that you lose out if you started another claim. Am I correct in thinking that you have an ongoing case which you started 3 years ago?

 

Not sure I can answer the Q re mortgages and car finance etc

 

Dysexlic

[kennyh]

Please can anyone offer anything on #213 above?

[georgieboy]

anyone know if we are to add consumer credit act 1974 to amended poc as well as reg 5 ? .............

Edited March 18, 2010 by georgieboy
re wording

[fzrkitten]

subbing.

fzrkitten.

[Bigdebtor]

Hi,

 

PCB, I think it's 6 years only and I would imagine that you lose out if you started another claim. Am I correct in thinking that you have an ongoing case which you started 3 years ago?

 

Not sure I can answer the Q re mortgages and car finance etc

 

Dysexlic

 

PCB

 

I don't believe the 6 year clock has actually started to tick yet - since we STILL don't have a final legal ruling on unfair bank charges - and I believe we shall be able to reclaim back to the year dot once we do have a win in court. Remember they MUST give ALL info held in response to an SAR - i.e. going back even beyond 6 years if held in a relevant filing system.

 

Incidentally as far as credit card default charges are concerned I believe we have until April 2012 to reclaim ALL default charges - since the OFT only ruled in April 2006 and that is the date from which we knew we were being robbed all along. I am fighting Cr*p One on this very point at present - possibly going to County Court if they don't pay up in next 2-3 weeks.

 

Attached is a relevant excerpt re 6 year limit (courtesy Shadow):

 

I note your comments regarding the Limitation Act 1980 and I would draw your attention to section 32 of the Act as outlined below:

 

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

 

In the case of Kleinwort Benson -v- Lincoln City Council & Others in the House of Lords on 29 October 1998 their Lordships ruled:

 

· If a party pays another on the basis of settled law and that law is subsequently overturned, the paying party may seek recovery of the sums paid over even though this may be many years after the event.

· The party seeking repayment now has six years from the date of any new decision affecting it in which to bring an action for recovery of monies paid out under the old, overruled law.

 

The Court also held that if a payment is made under a mistaken understanding of the law, then the person who has made such payment has six years to recover sums paid as a result of this mistaken understanding dating from the date when such mistake should have become evident. It is my assertion that I could not, with reasonable diligence, have discovered this issue before April 2006, this being the date of publication of the Office of Fair Trading referred to by you, and so the 6 year period of limitation should not have started to run until that time. I therefore resubmit my claim for the refund of all default charges and accrued contractual interest arising from September 2000.

 

[markherd]

Hi

on the faq you suggest a 7 day period before court action, what help is there available for amending a court case on stay with the new UTTR 5 or the 1975 credit agrrement act?

 

Please advise

[rdm2006]

Hi

on the faq you suggest a 7 day period before court action, what help is there available for amending a court case on stay with the new UTTR 5 or the 1975 credit agrrement act?

 

Please advise

 

I believe the general consensus at the moment is to ask for more time or leave it on stay (if you can) pending the result of the scottish case.

[jdes26]

when will scottish case be resolved?