Bank Charges - illegal?

dchurch24

comicmankev wrote:

dchurch24 - are you saying that even though my bank has written to me to say they will not provide charges (as they are on my statements) they actually have to?

I'm saying exactly that. EVERY bank I or anyone else has dealt with has tried to wriggle out of this with the exception of Barclays (to my knowledge). Barclays weren't happy, but complied - and on time - pretty much the only bank to comply within the allotted time limit.

Bank statement information is classified as "Personal Information" (bring their attention to the Durant vs. LloydsTSB case if they have any doubt :-)) and therefore is covered under the 1998 Data Protection Act.

If you make an official request (making sure they know that the request is being made under the act), then they have 20 days to comply (total days, not just 'working' days), or they must request an extension from the Information Commissioner. I can see no reason why a multi-billion pound org. cannot provide this info within 20 days and it is my belief that the Info. Commissioner will share the same view.

I would report them to the Information Commissioner for failing to comply with the DPA.

inmypocketnottheirs

lynn44 wrote:

HELP

I was claiming job seekers allowance for 16 weeks and TWICE my J.S.A wasnt paid into my bankl on time so I had direct debits unpaid.
I got onto the jobcentre to claim my charges back, telling them it was there fault
I was told to put it in writing , so I HAVE 3 times now, SO NO PAYMENT FROM Jobseekers. (plus many phone calls to Chippenham)
I have informed the bank this was not my fault, but they were'nt interested charges are now upto £125 !!!
And still no response from JSA... I have told them I have written to my MP but still no joy.... please email me any help please :xmassign:

Hi! My advice would be to claim this back via the bank, although it was due to benefits agency. D Church is better placed to advise, but as these charges are unenforceable in court, your bank should not levy them. Write to the bank involved, give them 7 days notice to refund in full, and if they don't commence legal action in the small claims court. I am currently doing this with Co-Op. Do not be intimidated by the Bank or the court process, they know what they are doing is unenforceable, but will hold out to the bitter end before coughing up.

Hope this helps.

:beer: :xmassign:

dchurch24

Lynn44 - if you scour this thread you will find links to pro-forma letters that you should send to your bank asking for your charges back.
The only bank to give charges back at this stage has been Barclaycard.
ALL the other banks will refuse.

You must take them to court - for £125, I think the fee is £50 (which you get back).

The likelyhood is (sadly, I have been itching to get one of these theives into a court room) that they will not go to court and risk it - remember, they have so much more to lose than you do (You are not eligible for their legal costs, even if you lose - which you won't).

It's very poor show from the JSA people - what sort of country do we live in that allows this to continue??

I think you should 'name and shame' your MP too. It's his job to 'look out' for his constituents, not just take the money!! MP's are the only civil servants without published performance figures. Maybe this shows why.

FYI: I am not an MP hater :-) My MP is very good, and although I don't agree with most of his political beliefs, he most certainly does help his constituents, even if some of the time it is an issue that he can not directly help in.

lynn44

Really big thank you for all your help,
I have not paid the bank charges yet, its still building up at £25 per week !! the Alliance & Leicester said I had until 1st Dec before action is taken against me!
Because I have only just started back at work and with christmas here, I can not afford to repay it before xmas.

comicmankev

Just for all those doubters out there, can you justify this! My bank has not been over my overdraft for longer that 1 day in the past month. I know that when opening an account you agree that there should be penalties and they are detailed.

My recent statement shows these charges:

Interest - £17.07
Going over overdraft - £20
Visa payment for £16.83 was paid when there was not enough money - £30
Visa payment for £25.00 was paid when there was not enough money - £30
Visa payment for £19.99 was paid when there was not enough money - £30
Visa payment for £1.99 was paid when there was not enough money - £30

Total charges for this month £157.07!!!

I received 1 letter about going overdrawn.

Now, can anybody seriously say these charges are fair? and please, the key word is fair here!

dchurch24

lynn44 wrote:

Really big thank you for all your help,
I have not paid the bank charges yet, its still building up at £25 per week !! the Alliance & Leicester said I had until 1st Dec before action is taken against me!
Because I have only just started back at work and with christmas here, I can not afford to repay it before xmas.

Superb news - let them take you to court - saves you having to pay the fees - It would be my guess that (as they are not stupid) they will 'wipe out' the charges as a gesture of 'goodwill'

There's no way in hell that they are going to want to take anyone to court for legally unenforcable punitive charges.

I nearly laughed my a*se off when I read that!!

Don't pay it and call their bluff - that's what I would do.

M_Thomson

comicmankev wrote:

Just for all those doubters out there, can you justify this! My bank has not been over my overdraft for longer that 1 day in the past month. I know that when opening an account you agree that there should be penalties and they are detailed.

My recent statement shows these charges:

Interest - £17.07
Going over overdraft - £20
Visa payment for £16.83 was paid when there was not enough money - £30
Visa payment for £25.00 was paid when there was not enough money - £30
Visa payment for £19.99 was paid when there was not enough money - £30
Visa payment for £1.99 was paid when there was not enough money - £30

Total charges for this month £157.07!!!

I received 1 letter about going overdrawn.

Now, can anybody seriously say these charges are fair? and please, the key word is fair here!

Why did you keep on spending, when there was not enough money in your account????!!!??

digp

because you're clearly a muppet?

digp

because you're clearly a muppet? [referring to mthompson]

M_Thomson

digp wrote:

because you're clearly a muppet? [referring to mthompson]

First of all you posted the same thing twice, Second please give me evidence to base that silly statement on? Third, it is M Thomson not Thompson, Fourth perhaps you can attempt to answer my question in my post above?