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[MSE Lawrence]

This is the discussion to link on the back of Martin's blog. Please read the blog first, as this discussion follows it.

Read Martin's 'When is misselling mis-consuming? Can you be missold every month for 10 years?' Blog.

Click reply to discuss below.

[ScarletBea]

Speaking as someone who checks online statements every couple of days, and balances everything each month, I honestly can't understand how people don't notice these charges...
He might have had a case during the first 6 months, or 1 year if I'm being nice. Definitely not after 9 YEARS!!!

How did he find this out now, anyway?

[Errata]

If he was happy with his bank and the account and didn't miss the money - he's a satisfield customer.

[OliveOyl]

At least I remembered being sold mine, even though what he said to me was wrong for my situation.

[nzseries1]

He's got to be having a laugh.

[JimmyTheWig]

I bet this is more common than you might at first think. Didn't that lad from EastEnders on "It Pays To Watch" react in a similar way when Martin told him how much he'd be paying for his current account?

As to the solution I don't know. I want to say that the friend should have noticed and so can't claim... but does that set a worrying precedent?
He needs to cancel it straight away, so at least he'll be better off each month from now on. Then I don't know. Ask the bank to show him the paperwork that says he agreed to it in the first place? And ask them to send a copy of the letter he would have received about the increase (along with a note from their internal records to say iwhen and where it was sent)?

[JCB_Digger]

I think he's having a laugh, how can you let 10 years go by and not notice?

If the monthly fee had the effect of making him overdrawn I think he'd have reason to be annoyed, but he's obviously not missed the money..

[the big grog]

I think the only reason he's outraged, is that it's now fashionable, due to the credit crunch, to claim poverty or at least the meritorious habit of penny saving. For years people with more money than sense have paid over the odds for "serviced" bank accounts, "personal" bank managers and "platinum" credit cards. For years it's been fashionable to wear wealth like a badge of honour rather than using it to benefit others. Now the price is being paid and Britain is all the poorer as a society for it!

[JHC]

There's an old saying that "a fool and his money are soon parted". Never checking your bank statements is at best trusting and at worst foolish.

[Mozette]

I think the bank is entitled to assume that as he was sent statements showing the fees that he was happy with them.

Crikey I know to the penny how much is in my account at any given time, what is still to come out and so what I've left to 'play with'.

It just beggars belief that anyone could be so lax with their money.

[Karmacat]

He's got a sort of a case if the bank can't prove he ever gave his agreement .... but still, 9 years is a looong time. It makes me think of the time last year when I entered a text competition - apparently in doing so, I gave them permission to send me texts that cost 50p to receive. Since I spend about £10 a quarter on my mobile phone bill, I soon noticed, and stopped them, but what if I'd been someone who spent £20 a month? Still, 9 years is too long - if that claim gets accepted, its a real boost to the whole culture of denial of responsibility.

[dave2]

Even if he never formally agreed to the charges, by not querying the bank he has ratified it - it's agreement by conduct.

[kittykitten]

I very much doubt he'd get anywhere with the misselling claim - whatever side of the line you stand on (personally I can't understand how he didn't notice, but hey, people are daft about some things, particularly money) I agree with dave2 and Mozette about the fact that because the bank have basically been quite upfront about these charges - it'll be spelled out in black and white on every month's statement - he can't claim misselling after 9 years.