Bank Charges - illegal?

carlih1

Hi

Was just wondering if i fill in my claim online and am in reciept of means tested benefits do i still have to pay. If not can someone send me the link for the template because there are a couple on the BAG site and don't want to send the wrog one.

If not do i fill in one manually or can i still do it online???

By the way dchurch, did you have time to start on the letter to halifax regarding the manual intervention?? i know your incredably busy so don't think im pushing you!

Help please

Carli

Brown_suga

dchurch24 wrote:

Who are you fighting? HSBC or Halifax?

PM me where you live - I would be prepared to come with you to court if you are within say 100 miles of me, should the bank allow it to go that far.

Don;t be scared, be angy; it's the main advantage we have over them - they OWE you that money - the banks (and many others - telco's, big supermarkets etc...) like people to forget about their rights.

In my opinion (and that of thousands of others - just look at the BAG site - 6000 users in 8 weeks!) you are doing the right thing. Big corporations should not be allowed to walk all over the consumers legal rights in this way.

I'm proud of you - for every 10 that threaten their bank, only one will actually do something about the injustice that they dish out.

(BTW - I have it on very good authority that Halifax won't fight that much further than acknowleding the claim with the court ;-) )

HSBC, i've recieved a letter from them this morning saying what i know realise to be a stalling tactic the ' we'll look into your comments' letter.

After following this thread for a while, i know i shouldn't feel apprehensive but i can't help it ! Even more so that i have a law degree and have studied contract law!!!!!!!

dchurch24

tempest42 wrote:

Please lets not ruin this thread with a flame war and let the above post lapse

It was so badly written, I couldn't understand most of it.

Trolls; don't ya just love 'em?

dchurch24

Brown_suga wrote:

HSBC, i've recieved a letter from them this morning saying what i know realise to be a stalling tactic the ' we'll look into your comments' letter.

After following this thread for a while, i know i shouldn't feel apprehensive but i can't help it ! Even more so that i have a law degree and have studied contract law!!!!!!!

Time to dig out the old law books then, I think ;-)

ShaunJUK

mjanet wrote:

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

Is it worth me sending another letter to the bank saying I am going to start court proceeding, mentioning the particulars?

Between 09/2005 and 03/2006 HSBC Bank Plc
debited £405 from my bank account in
penalty charges that are legally
unenforceable. Past English case law has
established these as penalty charges as the
sum is far greater than the amount any
court would have awarded for breach of
contract.This is inter alia Wilson v. Love
(1896),Dunlop Pneumatic Tyre Co. Ltd. v.
New Garage and Motor Co. Ltd. (1915),Ford
Motor Co. v. Armstrong (1915),Bridge v.
Campbell Discount Co. Ltd. (1962),Murray v.
Leisureplay (2004).They also breach
Regulation 5 paragraph 1(e) of the Unfair
Terms in Consumer Contracts Regulations
1999 as I am a consumer and the terms are
an unfair penalty and 1977 Unfair Terms
(contracts) Act in failing to prove the
reasonableness of the contract when asked
despite legal obligations to do so.

dchurch24

You could if you wanted - but if you've already written to them informing them that within 14 days you will start proceedings unless the money is returned to you, then you may as well just go ahead.

I suppose you could print off the claim form and send them a copy.

ethank

I sent my letter to my HSBC Branch on 9th Feb, and received a reply this morning. My total bank charges were £1100.

The letter advises me that they "provide me with free statements so that I can reconcile my account with my budget"

The text following is verbatim.

"If there are insufficient funds to meet cheques, dd's etc, the bank has to decide whether to return the it unpaid, or allow it to go over my agreed overdraft limit. Similarly the bank is aware that customers may need to access funds in anticipation of salary or other credit. For this reason the bank will allow limited tolerance at cash machines and retail outlets in order to avoid embarassment which rejection can cause."

"On each occassion the bank pays the balance causing the account to go overdrawn, or exceed an agreed limit, a fee of £25 will be charged up to a maximum of 5 fees a month ie £125. If a cheque, standing order or DD is paid, a charge of £30 is made for each item. This charge may be reduced to £10 if the item value is small."

"We do not agree that the charges constituted by the Bank constitute a penalty clause, and are therefore unenforcable. The contract between the bank and any customer is governed by HSBC 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 that involves the bank considering whether or not to pay the item. A fee is charged for this, and is set out in the enclosed price list. We also encolse the relevant T&C's for you information.

I can confirm that the charges have been applied correctly in accordnace with our tariff. However in view of your comments, I have today refunded £100 already applied to your bank account. It will not be possible to refund any future charges.

Thanks for taking the time to being you concerns to the banks attention. Blah blah blah.

What shall I do now?

us,thecat&thedebt

Hi all,

sent the letter with spreadsheet stating 14 days for money to be returned ect

got letter this morning which read

dear...

thank you for your letter dated 8th march 2006. I am sorry to hear that you have not been happy with my response to date.
Unfortunatly there is little i am able to add to my letter dated 20th feb and i am only able to refer you back to the terms and conditions of your account, although i do respect your opinion about our charges,

in these circumstances i must advise that this letter is the banks final response which means if you remain dissatisfid you may refer your complaint through the financial obudsum service,....

details of how to conatcy blah blah


is this a joke did they not see my threat of legal action?

banks final response!!!!!

the grammer in the letter was also bad with small i for I and missing gaps between fullstops and new sentances..

so i assume i start proceddings or do i wait 14 days or is enough to assume i wont be refunded?

please help

spankymonkey_2

has anyone had any luck with A+L? i got a reply on the 7th day saying that they are looking into the situation and will be writing to me with a detailed response and a leaflet regarding compaints and how they are handled..... anyone else heard anything like this? thanks

JasonW_2

us,thecat&thedebt wrote:

Hi all,

sent the letter with spreadsheet stating 14 days for money to be returned ect

got letter this morning which read

dear...

thank you for your letter dated 8th march 2006. I am sorry to hear that you have not been happy with my response to date.
Unfortunatly there is little i am able to add to my letter dated 20th feb and i am only able to refer you back to the terms and conditions of your account, although i do respect your opinion about our charges,

in these circumstances i must advise that this letter is the banks final response which means if you remain dissatisfid you may refer your complaint through the financial obudsum service,....

details of how to conatcy blah blah


is this a joke did they not see my threat of legal action?

banks final response!!!!!

the grammer in the letter was also bad with small i for I and missing gaps between fullstops and new sentances..

so i assume i start proceddings or do i wait 14 days or is enough to assume i wont be refunded?

please help

Thats the standard reponse I got from lloyds as well. Are they in for a shock in the next few days!! They are trying to put you off from claiming these back, the final response just makes them look unhelpful in the eyes of the court, dont give up!

J