Bank Charges - illegal?

fagun

Lots of people are still posting about trying to obtain bank statements under the DPA. Durant vs FSA was not about bank statements, but as a result of the judge's decision, the Information Commissioner clarified what constituted personal information - see bottom of Page 2 here. My first fuller explanation is here

dchurch24 - do you think the fuller explanation is worth putting into the first post and into your fuller article on the Main MSE site?

Tabs_2

Blade26 wrote:

The Yorkshire Bank had sent her a letter, whilst still claiming their charges were fair, blah blah blah they were unable to refund her charges but enclosed 6 years of statements as requested and waived any charge. Only they hadn't enclosed said statements so Mum got on the phone and they are being dispatched in tonights post.

:eek: Please don't take offence but how double standards is that?!?! We are actually taking the Yorkshire to court now and reported them to the Information Commissioner as they won't even supply us with a breakdown of charges!! Yet your Mum gets statements free of charge within two days of requesting them!!! I've seen it all now :mad:

Could I please ask who you have been dealing with at the Yorkshire? It would be great if we could phone that person and ask that they also supply us with the statements, regardless of any fee! Feel free to PM me if you wish.

Blade26

No offence taken at all Tabs. I won't be seeing my Mum until tomorrow now, but will be sure to post on here the contents and contact details and will PM them direct to you as well. I think the lady was based at Leeds but cant be too sure, will let you know, and I will also report whether said enclosed statements which were not actually enclosed arrive safely.

They are horrors (stronger words not permitted!) aren't they :mad:

Rachel

ShaunJUK

I have sent my first letter to the bank requesting £405 of charges back and recieved this reply.

Dear Mr Jackson
Thank you for your recent letter. I am sorry that you have had cause to complain.
You will appreciate that it is the responsibility of the account holder to ensure sufficient funds are available to meet transactions presented for payment. Where this is not achieved, the bank has to decide whether to return the items unpaid, or to pay the balance over the agreed limit, and charges may then be applied in accordance with the bank's published tariff.
Under the bank's current tariff, on each occasion the bank pays a balance causing the account to go overdrawn, or exceed an agreed limit, a fee of £ 25.00 will be applied, subject to a maximum of five fees per month, ie £ 125.00. A notification of the overdraft review fees incurred, and the date they will be debited to the account is enclosed with the statement covering the relevant charging period, which in the case of both your accounts is from 21st of the month to the 20th of the following month.
however:- * We will waive overdraft review fees for customers who have not been overdrawn without prior arrangement in the last six months.
* We will ensure that the overdraft review fees do not exceed the amount of the excess borrowing.
* We will not charge an overdraft review fee if your account is overdrawn by no more than £ 50.00 for a total period of no more than 14 days in any charging period. However, if the account becomes overdrawn by more than £ 50.00, or remains overdrawn by any amount for more than 14 days, our normal charges will apply.
lt is not the bank's normal policy to refund charges correctly applied in accordance with the bank's standard tariff. However, I do note after a review of both your accounts, that a refund of £50.00 can be made to your joint account and a refund of £40.00 to your sole account in respect of charges already applied to your account. Please note that all future correctly applied charges will stand. To clarify matter, we do not agree with your contention that the charges that have been imposed by the bank constitute a penalty clause and are therefore, unenforceable.
The contract between the bank and its customer is governed by HSBC'S standard Terms and Conditions. In respect of unauthorised overdrafts, the relevant clauses are 7.11 to 7.18. In these circumstances, there is a process which involves the bank reviewing the account and considering whether or not to pay an item. A fee is payable for this and the fees are set out in the published price list.
We enclose a copy of the relevant Terms and Conditions and a copy of the latest price list for your information. If you do not feel that you are able to operate your account in line with the bank's Terms and Conditions you are of course free to seek alternative banking facilities elsewhere.
Whilst I hope matters are now resolved to your satisfaction, if this is not the case please let me know, as complaints we cannot resolve can be referred intimately to the Financial Ombudsman Service. lf we do not hear from you within the next eight weeks, we will consider the matter resolved.

Should I now apply to the courts?

mjanet

Should I now apply to the courts?

Taken from Claim back any bank charges by Dave Smith

d.) They will deny the claim that the charges are unlawful (about 50% do this).

If you didn't get a refund (some banks do refund straight away), then now go to the Moneyclaim site and fill in the form. Moneyclaim is the internet based court system allowing you to easily claim back money you’re owed. (There’s a pro forma of what to fill in on the bankactiongroup website).

I may be wrong Shaun but I do not think you are suppose to print peoples names , i.e.your Bank managers

Brown_suga

Hi all, I've been lurking around this post for a while intrigued by it all.

I plucked up the courage to send a letter to HSBC and Halifax on the 23rd Feb giving them 14 days to refund the charges applied to the accounts.
Yesterday someone from HSBC called me but i couldn't talk as i was at work, he said he was going to ring me back today at 9am, but surpirse surprise i recieved no call.

Should i send them another letter headed 'final notice' or should i just proceed on the moneyclaim site?

djohn2002uk

mjanet wrote:

I may be wrong Shaun but I do not think you are suppose to print peoples names , i.e.your Bank managers

I didn't think he had printed his bank managers name. I took that as a letter from the bank to Mr Jackson, i.e. Shaun.

kaznelson

Brown_suga wrote:

Hi all, I've been lurking around this post for a while intrigued by it all.

I plucked up the courage to send a letter to HSBC and Halifax on the 23rd Feb giving them 14 days to refund the charges applied to the accounts.
Yesterday someone from HSBC called me but i couldn't talk as i was at work, he said he was going to ring me back today at 9am, but surpirse surprise i recieved no call.

Should i send them another letter headed 'final notice' or should i just proceed on the moneyclaim site?

I'd continue with the claim. Record the date and time of the phone call and when they promised to return your call etc, this can all go towards your claim.

wondabrasjg

:rotfl: :rotfl: Hi all. I havent really got the patience to be looking through 120 odd pages of notes, have read quite a few and i have to say (a) im very optimistic & (b) some of you really do seem to know your stuff!! If this works, then thanks in anticipation to everyone, but mostly the person who started it!

Has anyone had dealings with Natwest? Im sending my DPA request letter tomorrow and just wondered how i may expect to initally get on with it? Wondering if they will reply positively or similair to one of the last posts where the bank wrote to Shaun was it? ....quoting bank charges etc.

Hope you're all having fun

Kind regards :j

mjanet

I didn't think he had printed his bank managers name. I took that as a letter from the bank to Mr Jackson, i.e. Shaun.

He has edited his post his original post did have his Bank Managers name.I wasn't having ago at him .I was just pointing it out incase he hadn't realised he'd named her .