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The Consumer Forums - your free consumer community

The Consumer Forums are concerned with all aspects of Consumer Rights.  We already have a great deal of experience and expertise in reclaiming bank charges.
However, The Consumer Forums are much more than a bank charges pressure group. Over the last three years we have developed forums to help people deal with debt problems, payment protection insurance, parking and traffic offences, mobile and fixed line telephone companies, utility companies, retail stores, landlord and tenant issues, along with many other consumer related issues. 
And what's more - all our advice and assistance is free of charge.

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Suicide note: Banker Lament by Mat Lloyd

The Bank Charges decision - where to now.

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The Supreme Court bank charges decision in November 2009 effectively blocked the Consumer Bank Charges Revolution which was started in January 2006.
The Supreme Court's decision made it clear that the unfairness -- or otherwise -- on its own, of bank charges was not a ground for challenging their validity and for claiming reimbursement.
The Supreme Court said that the reason for this was that as bank charges apparently have become part of the UK banking industry's core business, they did not fall to be assessed for fairness under Regulation six of the Unfair Terms in Consumer Contracts Regulations by the OFT or by the courts.

However, the Supreme Court threw in a teaser: that their judgement did not necessarily block the way for bank charges refunds. The Court said that there were other avenues which could be explored under Regulation five of the Unfair Terms in Consumer Contracts Regulations.

Since then there has been an enormous amount of discussion as to how claims for bank charges refunds under Regulation five might successfully be made.
Regulation five deals with the quality of the supplier/consumer relationship. Regulation five is not directly concerned with the fairness of the bank charges. Regulation five is more concerned with the fairness of the circumstances in which the bank charges have been applied.
It should also be pointed out that Regulation five is not only concerned with bank charges. Regulation five refers to any term of any consumer contract which is imposed unfairly

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Have your say :- Future of Banking Commission - London 4th Feb

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Written by With thanks to 'Which'

Which? Campaigns

The Future of Banking Commission.

The Future of Banking Commission aims to put the wider interests of society at the heart of financial reform

Chaired by the Rt Hon David Davis MP, with the Rt Hon John McFall MP and Dr Vince Cable MP taking part

Find out how you can get involved and have your say on the future of banking.

 

 

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Applying for a set-aside

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If a judgement has been entered against you in the County Court and you think that there are good reasons why it should not have been, then you may be able to apply to have the judgement set aside.

When a judgement is set aside, it means that the judgement is cancelled and that the case moves back a step so that you have an opportunity to supply defence or to argue your case.

The most likely reason for a judgement to have been given against you and which you might want to set aside, is that for some reason or other you failed to supply a defence to the claimant's claim.

A second reason for requiring a set-aside could be that for some reason or other you missed the hearing date.

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PPI misselling can render CCA loans unenforceable - Very significant for new CCA agreeements

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A recent judgement at South Shields county court may have far reaching effects not only for pre-2007 Consumer Credit Act agreements but also for Consumer Credit Act agreements under the new 2006 legislation.

The case which was brought against MBNA in respect of an alleged credit card debt was decided for the claimant predominantly because MBNA were unable to provide a true copy of the original credit card agreement. This is very established law and causes no surprises as this principle has been often tested since 1974. In fact the only real surprise is that MBNA decided to defend the case at all.

What is particularly significant about this case is that there had also been mis-selling of Personal Protection Insurance (PPI). The judge referred to this aspect of the case in her judgement and decided there had been an unfair relationship between the claimant and MBNA because of the way she had been sold payment protection insurance.

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Amending your pleadings

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You can amend your pleadings at any time. It is far more normal to amend a particulars of claim than a defence.

If you amend your particulars of claim, then the defendant automatically as a further period of 14 days to consider your amendment and to amend their defence.

You can either amend your claim with the consent of the defendant, or if the defendant refuses then with the consent of the court.

The court will almost always consent to your amendment -- particularly if you are doing it in good time, (not the day before the hearing) and if it is only your first or second amendment (meaning that you are not a serial amender).

You do not have to ask for the consent of the defendant. You can simply apply to the court if you want. However, this is wasteful of the court's time, it takes longer than amending simply by asking the defendant if it is okay, and also it will cost you a fee of about £60 to apply to the court.


Here are be suggested steps are applying for an amendment::-

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Erika's benefit news

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Written by ErikaPNP

This bulletin is intended to update you with new information realting to Lone Parents and Income Support and also to the new Crisis Loans new process

 

 Lone Parents and Income Support - Information. Sept 09

Those in receipt of Income Support on the grounds of being a lone parent should note that in October of 2008, the qualifying age of your youngest child was reduced to under 12 years, and will probably be aware of the changes to follow.

The qualifying age for the youngest child will be reduced to under 10 years in October 2009
In October 2010, this will be further reduced to age under 7 years.

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