Bank Charges - illegal?

homer_j_3

derrick wrote:

Just come accross THIS from the Manchester Evening News.

This may have been the same story they played on radio1..

I really hope that all this publicity will force some intervention from OFT and the Government...

carlih1

Whats happened???

What has the OFT ruled, does that mean we cannot get all bank charges back now, as i have just issued my claim against Hfax.

C x

ali82

They are going to make credit card companies only be able to charge you £15 instead of their current rates, don't this affects our claims though.

homer_j_3

sorry, not sure if you are responding to my comment but my comment was purely me putting what I was thinking down in writing- nothing different has happened with OFT but with the fact that the media are now slowly coming on board, I was hoping that pressure would mount and with the actions of the various individuals and groups out there campaigning, I hope it happens sooner rather than later.

wondabrasjg

ali82 wrote:

Hi Wonderbrasjg/Ste
NatWest have been really difficult (no dpa and a default notice!), but don't be put off they are just having a tantrum as they know they can't win. They can default me if they like as it will only have to be removed anyway. Good luck with your claim and stick at it no matter what they throw at you (and they will throw stuff at you) but keep smiling as you will be the one who laughs last :rotfl:

Cheers for that mate, sent my letter recorded delivery yesterday, wondering if they will start being funny with me, i havent been overdrawn in a year and a half but was forever overdrawn prior to that. They have given me some mortgage quotes today too, so im thinking they wont wanna lose my business and may play nice? Heres hoping, will keep ya posted
Ste

wondabrasjg

Anyone......I posted my DPA letter to my branch yesterday recorded delivery and have just had a call from the assistant manager at my branch. She wasnt sure what i wanted. I used the template as suggested, however i removed the line stating that provision of my bank statements is acceptable, because i didnt want a massive bill.

She told me that she had never had a DPA request before, and also stated that the info re charges doesnt actually come under the DPA, the bank has a special form for any info held by the bank and it would cost me ten quid, this soudned like what i needed, however....

She then said it ifs the statements i need, they are £5 per quater, i told her i wanted them back to 2000 and she said it would cost me £20? Correct me if im wrong, but im thinking she is only gonna send me a years worth?

Anyway, she also asked what i meant by 'manual intervention', and to be honest, i didnt have a clue when she asked, ended up sounding like a right nutjob on the phone, and just asked for the statements. Shes gonna send me them, and charge the £20 to my account.

Can someone please calrify for me what i want, need, and should have said? Dont wanna sound like some freak next time she rings, she's verynice by the way....for now

Regards, Ste

mjanet

She told me that she had never had a DPA request before, and also stated that the info re charges doesnt actually come under the DPA, the bank has a special form for any info held by the bank and it would cost me ten quid, this soudned like what i needed, however....

I would tell her that the information she is giving is wrong when she is saying that the info re charges does not come under the D.P.A and if she doesn't understand what manual intervention is then maybe she should either look it up or forward it to the Data Protection controller ..She is right in the information you have requested does cost no more then £10

wondabrasjg

mjanet wrote:

I would tell her that the information she is giving is wrong when she is saying that the info re charges does not come under the D.P.A and if she doesn't understand what manual intervention is then maybe she should either look it up or forward it to the Data Protection controller ..She is right in the information you have requested does cost no more then £10

Mate thanks for that, i wa pretty sure she was wrong, however i wsant 100% so didnt want to sound stupid telling her so, so hanks again. Bet that ten quid she only sends me a years worth of statements!!! This is gonna take a while i can just tell

Ste

icefall

am about to send in a moneyclaimonline but not sure would the below be ok do you think?

The defendant from date to date has applied Penalty charges to my account,

totalling £

---

Notwithstanding I am in the view the defendants charges represent a penalty and

therefore are irrecoverable at common law. the precedent for this was dunlop

Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd (1915) AC 79. along with

Murray v. Leisure play (2005) EWCA civ 963 It was held that a contractual party

can only recover damages for an actual loss or liquidated losses.

Notwithstanding I am in the View that the Defendants charges are also contrary to

the Unfair Terms in Consumer Contracts regulations 1999. Subsection 1(e) of the

said regulations gives a non complete list of terms which may be regarded as

unfair, such as a term which require me as a consumer who fails in his

obligation, to pay a disproportionately high sum in compensation.

I believe that the defendants charges require me to pay a disproportionately high

sum.

Therefore I seek to recover all of these charges from date to dat plus interest a

total of £

---

.

its lifted from penaltycharges.co.uk, any advice welcome

mjanet

.

Bet that ten quid she only sends me a years worth of statements!!! This is gonna take a while i can just tell

It depends what you asked for ? You can claim back 6 years if you requested the information on charges for that period using the D.P.R. request letter then that is what they are required to give you .It is not up to the bank manager to decide what she wants to send.