Channel Islanders & Isle of Man (merged threads)

SebD · 16 November 2006 at 1:04AM

I live in Jersey, Channel Islands and there was an article on the local BBC radio about reclaiming bank charges where a lady from the UK was taking questions. She mentioned this site (not directly, but in a cursory manner - lol. Don't the bankers (misspelt) just hate Martin?).:money:

She then went onto say that due to lack of consumer laws or something in Jersey, we Channel Islanders can't claim back a penny.:mad:

Can anyone confirm or deny her statement?

Thanks folks.:beer:

Edinburghlass_2 · 16 November 2006 at 11:35AM

Hi SebD

I have removed your email address from your post, never a good idea to put it on a public forum as sadly spammers can and do lift email addresses in this way even on MSE.

I Googled your question and found that you can in fact complain to the Financial Services Commission, worth a try

http://www.cab.org.je/submenu_page_view.php?menu_id=53&submenu_id=887

SebD · 16 November 2006 at 2:21PM

Cheers for the info, Edinburghlass.

Will try that out but have to sat I'm not optimistic as the Fiancial Services Commission appears to exist primarly to promote Jersey's Offshore Financial Services that are the lifeblood of the jurisdiction. Anything that might "harm" a banks interest's would therefore be strongly resisted by them I'd suspect.

Sorry to sound so negative, but I live here and have observed these guys actions for thirty-some years.

Thanks also for the removal of my addy. Hadn't thought of that.

Regards.

Sebastian.

kate_edwards · 24 November 2006 at 10:22PM

i have been charged loads over the years and want to reclaim this back but i live in guernsey - channel islands. Do the same laws apply over here? i bank at Natwest Offshore - but am not rich and go over my limit by small amounts fairly frequently and then get charged £90 in referral fees. Any advice for us islanders?

Edinburghlass_2 · 24 November 2006 at 11:34PM

Kate, I've merged your thread with this previous one and it doesn't appear that you can but I would say its worth a letter to the FSC.

Des_Titute · 29 November 2006 at 9:45AM

Firstly, thanks for the advice yesterday, have decided to take on HSBC myself, DPA letter is going out this morning. (recorded delivery)

Was wondering if anyone has tried this outside the UK, I live in Jersey, and while the first few steps would still apply here I'm not sure about the court side of things, it's a completely different ballgame here and I'm concerned that I could come unstuck should I ever reach this point. The other thing that worries me is the law, theoretically HSBC could argue that Jersey is outside of the UK juristiction and therefore I wouldn't have the same rights as someone in the UK. (Bear in mind that the employment laws here were only brought into line with the UK's last year, up until then you didn't have a leg to stand on if you were sacked - a poor and unconnected example I know, but I just wanted to highlight that things are not exactly the same as in the UK)

So, if anyone has tried this in Jersey or elsewhere I'd be interested to know how you got on. Would save me a lot of time in the Library!

Thanks.

Des_Titute · 4 December 2006 at 2:10PM

Got this response to a mail I sent asking them for their stance/position on reclaiming unfair bank charges. It's neither here nor there really, not that I expected much else.

I write further to my recent e-mail to you and as we have not talked I
will briefly outline the Commission's position in respect of your
complaint.

If you visit the our website https://www.jerseyfsc.org you will find our
Complaints Policy and Guidance by going into "The Commission" tab, then
"Investor's Corner".

You will note that the Commission does not have the mandate of a
financial ombudsman and this position does not exist in Jersey. We are
not, therefore, able to adjudicate in disputes between banks and
customers and we will not get involved with complaints relating to
charges, poor service and any commercial decisions. Our abilities are
therefore very limited.

However, we do expect banks to have a robust complaints process
available to their customers and for this to be followed in an efficient
manner. Obviously if there is a regulative misconduct or an act of
fraud, as regulators, we would investigate matters.

Jersey does not, at present, have a form of Consumer Credit Act or
similar protection.

Please do not hesitate to write to the Commission if you feel the
Commission can be of assistance to you within the terms of its internal
policy.

colaron · 10 December 2006 at 12:41AM

has anybody tried to claim unfair bank charges in the channel islands

Edinburghlass_2 · 10 December 2006 at 12:51AM

Not much help to you, I'm afraid but have a read of the above posts.

Alfie_E · 10 December 2006 at 3:10AM

Des_Titute wrote:

(Bear in mind that the employment laws here were only brought into line with the UK's last year, up until then you didn't have a leg to stand on if you were sacked - a poor and unconnected example I know, but I just wanted to highlight that things are not exactly the same as in the UK.)

It’s a good and highly relevant example. You’ve pointed out that Jersey has a completely separate legal system, and often it’s severely behind, in comparison to the UK. This also applies to the consumer legislation. There is no equivalent to the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982, for example. And, your reply points out no Consumer Credit Act, either. Claiming back bank charges in the UK relies on the Unfair Terms in Consumer Contract Regulations 1999. Just as with the other legislation, there is no counterpart to this in Jersey.

Jersey is well aware that its consumer legislation is lagging and in serious need of reform. However, I think it’s stretched trying to catch up so many different areas. Legislation that should exist, as it’s EU legislation, still doesn’t. An equivalent for the Consumer Protection (Distance Selling) Regulations2000 is still being drafted. At the moment, it’s just Distance Selling - Best Practice Guidelines.

SebD · 12 December 2006 at 1:31PM

Just a thought.

As a Jersey resident, if I got shoddy service or goods from a mail-order company in the UK, surely the UK laws would apply.

As all my bank charges have been notified to me by their head office (Isle of Man) and as all my bank statements and even their contact telephone numbers are also Isle of Man, is it fair to assume that providing I addressed my claim to their UK office (which actually appears to manage my account), then they would be subject to UK law compliance and not Jersey's?

In other words, seek to take hem to the Isle of Man Petty Debts court and not Jersey's?

It seems the banks are always seeking to utilise such loopholes to their advantage, why can't we do likewise?

Channel Islanders & Isle of Man (merged threads)

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