Bank Charges - illegal?

dchurch24

I would contact the debt collection agency, and tell them that the amount is in dispute pending legal action and that it's not their business anymore - they need to take this up with their client or they could get dragged into the court room too. Illegally attempting to enforce unenforcable debts is surely an offence somewhere.

Tell them that if your credit report is affected in anyway, you will have no choice but to consider this defamatory ,as the amount, in your eyes (and in the eyes of the court eventually) is not a debt and therefore should not be registered as such.

Also, post this info into the yahoo group, bankchargeshell, as the people in there have a wealth of information.

Whatever you do, don't worry. The money will come back to you eventually, and your credit rating will be repaired by them as part of your accepting their settlement offer - which I believe 100% will be along soon ;-)

As per another bank account, just open one somewhere else - it's a bit of a pain, but that's all it is.

Bossyboots

May wrote:

Help everyone!

I've put my claim in with the courts against my bank and their charges after writing numerous letters to them advising them of my intentions should they not refund the charges.

And guess what! They've closed my account and passed it over to a debt collection agency.

What do i do now? Not only will this affect my credit rating, but I've now got no bank account, no debit card and no cheque book account!!!!

Do I inform the debt collection agency to pass it back or should i write to the Ombudsman?

I'm a little confused - it's all got out of hand!!!!

I must admit, I have been wondering at what point the banks would hit back and not meekly accept court actions being taken against them. They have had a lot of time to come up with their justification of charges so I am very wary of advising my colleague to issue proceedings if they don't respond to her requests for repayment of the fees.

Has anyone else issued proceedings recently (within the last couple of weeks say) and had a positive response from the bank or can we still assume that the courts will support actions against the banks and rule in the applicant's favour?

May

Thanks for the info. Wasn't sure if i was getting in over my head.
The bank concerned WILL learn their place!!

dchurch24

The banks can 'hit-back' as much as they like, they're just trying to be difficult - I for one welcome fighting it out with them - the law is very clear cut on this - penalties are not enforcable, regardless of how difficult banks want to try and make it for people who are fighting them - my analogy of the playground bully has just been re-enforced - now they've been caught, they're kicking and screaming.

In May's case - the amount is in dispute and therefore cannot legally be enforced by an agency - or anyone for that matter until a court has decided that it is a debt - which they will not do.

She could conceiveably sue the agency for harrassment - she doesn't owe them the money - simple as that.

As per the bank fighting back - well, it's not really very hard to open another account - the bank have lost her custom - and as she's been one of their most profitable customers, I suggest that it is their loss.

No more charges for May!!

Seriously, don't let it get to you - they're just having 'a paddy'. If someone was suing you, would you help them?

They're running scared already in my opinion - that's why their really pushing - you'll probably get a letter soon from them offering to call of the dogs if you stop suing them - hold fast - they know that they will lose eventually and that's why they're scrambling.

Don't let it get to you - it really is just a game - and one in which you will win.

comicmankev

May - Which bank?

richiethekid

I'd just like to add, good luck May, and I hope when all this is settled you'll name and shame the bank in question. What we need is for a show like Watchdog or Brassed Off Britain (if they're making any more) to take this up, and I'm sure they'd be very interested.

dchurch24

They have had a lot of time to come up with their justification of charges

They could have years, but no court in the land is ever going to believe that £39 is what it costs to not pay a direct debit, cheque etc...

If it did, then cheque books would cost £30 quid to produce each.

The argument that their machinery costs money is ludicrous too - the 'big 4' banks made £3.5billion in 2004 out of these charges and probably a similar amount the year before and this year - that's some serious machinery in a time when printers are cheaper than they have ever been!!!

dchurch24

What we need is for a show like Watchdog or Brassed Off Britain (if they're making any more) to take this up

Get in touch with BBC2's Working Lunch - I have appeared on there regarding these charges and are very interested to hear from anyone else who is attempting to get their charges back - they are on our side!

May

Wow! what fabulous support, thanks everyone - will keep you posted.

inmypocketnottheirs

Hi May, endorse all of the above. Very good luck and don't let em grind you down.

All the best, and keep us informed.