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Devious Journal Entry

Tue Feb 19, 2008, 9:52 AM
O/DRAFT EXCESS FEE
UNPAID D/D
UNPAID S/O



Dear Sir/Madam



Due to recent media coverage on bank charges I now believe that you, Lloyds TSB Bank Plc, have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-compete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they arte contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty, Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

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