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  • #1

    Legal Aid - Unfair Bank Charges

    Legal Aid granted for unfair bank charges

    The Scottish Legal Aid Board have granted full civil legal aid certificates in the cases of Sharp v. Bank of Scotland plc and Reid v. Clydesdale Bank plc. This will enable Govan Law Centre to argue that the overdraft charges applied to our clients' current accounts were unfair in relation to s.140A of the Consumer Credit Act 1974, as amended, and separately, regulation 5 of the Unfair Terms in Consumer Contract Regulations (on grounds excluding price in relation to the UTCCR as per the decision of the UK Supreme Court in OFT v. Abbey National plc and others).

    http://govanlc.blogspot.com/2011/03/...rom-govan.html
    Last edited by Gerry; 19 March 2011, 23:53.
    Tags: accounts, act, bank, bank of scotland, charges, civil, clydesdale, clydesdale bank, consumer, consumer credit act, contract, court, credit, law, legal, legal aid, national, oft, overdraft, regulation, scotland, scottish, supreme court, unfair, update
  • #2
    Re: Legal Aid - Unfair Bank Charges

    This have any effect in England and Wales Gerry?
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    • #3
      Re: Legal Aid - Unfair Bank Charges

      Originally posted by oscar View Post
      This have any effect in England and Wales Gerry?
      I dont know Oscar, Its the first Unfair Bank Charges Case that i've heard of to be granted legal aid. I would imagine if legal aid is granted in scotland for the case, it should also be given in England and Wales.

      Gerry x

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      • #4
        Re: Legal Aid - Unfair Bank Charges

        Its just for Scotland right now, different laws remember although we can utilise certain case law, presedent doesn't always work the same and because this is not in England, until someone succeeds in England, it'll stay as a Scottish presedent right now. Unfortunately....
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        • #5
          Re: Legal Aid - Unfair Bank Charges

          Originally posted by Never-In-Doubt View Post
          Its just for Scotland right now, different laws remember although we can utilise certain case law, presedent doesn't always work the same and because this is not in England, until someone succeeds in England, it'll stay as a Scottish presedent right now. Unfortunately....
          Its a step in the right direction though, Thanks to Mike Dailly from Govan Law Centre.

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