Bank Charges - illegal?

FieryBlondeScot

i am in england. i followed the advice on bankchargeshell.com and wrote them the proforma letter, in response to that they refunded £50 and pointed out i was aware of the t&c's etc. in the same breath they refunded £50 they charged a further £136 in one day so i have written to them again including these charges and given them a further 14 days to refund or i will do theonline claim forms. the last few months after all my bills etc go out im left with about £200 to live on, for me and my son, and bank charges are just crucifying it, this month i have about £50 to last till 25 jan!!! this is why they make me so mad. i accept responsibilty to an extent but my issue is that the charges are extortionate and it is causing me hardship as its having a knock on effect month to month.

gothicf0rm

you might want to mention that the banking code says they are under obligation to help you out of debt and by doing the opposite have been perpetuating it. if i were you i'd add a bit more than what youre suing them for as they ruined xmas for your son but then whats fair compensation for that?

dchurch24

Don't forget to add the 8% APR as well.

It won't go to court as they are cowards - in fact, we have attempted to goad Abbey into going to court, but sadly I think that they will probably pay up.

I would at the conjuncture where they attempt to settle, add a fair measure for having a ruined Christmas too - I think you'll find that the closer the court date, the more willing they will be to compensate you ;-)

MarkyMarkD

dchurch24 wrote:

In fact, I am about to start suing FD for charges - cheques were cleared even though they were post dated - I was not aware at the time that the dates on cheques are note checked for amounts less than 5k - and my partner is suing Abbey as we speak (as I have in the past).
The more people that sue, the stronger the case is for the OFT when they investigate these charges later this year.

Dchurch

You just get madder by the minute.

FD bank account Ts & Cs say:

3.12.3 You should not write a future date on your cheque as it will not prevent the payee from presenting the cheque before this date and it will not prevent us from paying the cheque before this date.

Why the heck do you imagine you have any case against FD for clearing a cheque which you wrote? Post dating cheques is NOT a safe method of delaying payment - and unless I'm very much mistaken, nobody ever told you that it was. You can't just make up the way things work - you wrote a cheque which gave FD authority to pay the money to your counterparty, and they did so. End of story.

MarkyMarkD

gothicf0rm wrote:

you might want to mention that the banking code says they are under obligation to help you out of debt and by doing the opposite have been perpetuating it. if i were you i'd add a bit more than what youre suing them for as they ruined xmas for your son but then whats fair compensation for that?

The Banking Code is a voluntary code, so it doesn't oblige anyone to anything. That said, nor does it specify that banks will/should waive charges incurred by customers in debt. All it says is that

with your co-operation, we will develop a plan with you for dealing with your financial difficulties.

Kevicho

In the new year, i will be chasing up the halifax for 400 pounds + for charges dating back to january 2000 (also 56 for 2 recent charges one of which for 86p of interest
(28 pounds) one the other for going over my overdraft thanks to a charge i was later refunded

Ill let you know how it goes

Im double checking my figures/statements etc and will be sending the letter off monday

Its time for these criminals to pay up!

gothicf0rm

really. do explain then the existence of the BCSB and their ability to punish banks? answers on a postcard if you please. whilst youre at it explain compliance visits and the statement of compliance CEOs have to sign. the BCSB is voluntary to join, but compliance is expected once someone has joined, compliance of all signatories is mandatory not voluntary. what you probably mean is the BCSB cannot deal with claims of compensation for bad treatment or that financial organisations dont HAVE to join.
from the banking code - "if you find yourself in financial difficulties, you should let us know as soon as possible. we will do all we to help you overcome your difficulties".
does "doing all you can" include adding to them? the consumers association disagrees with you.

Russe11

I have emailed bank charges hell but are yet to get back to, I want to get things moving.... how long does it normally take them to reply ?

Russe11

Hi and thaNKS dchurch24

I'm in england, does it just apply to bank accounts or can credit accounts be claimed against too ?

dchurch24 wrote:

Are you in Scotland or England - it matters as the amount that can be claimed through the 'small claim track' changes. It's much smaller in Scotland.

If you (or the bank in Question are English or in England) then I suggest starting a claim on-line for the money back including costs and interest (at 0.0002% per day).

I would have another bank account lined up, I have always done this in the past when suing a bank, just in case they get shirty (and I suppose you can hardly expect them to welcome you with open arms :-).

It's a really easy and cost effective way of getting your charges back - it's worked every time for me.

In fact, I am about to start suing FD for charges - cheques were cleared even though they were post dated - I was not aware at the time that the dates on cheques are note checked for amounts less than 5k - and my partner is suing Abbey as we speak (as I have in the past).
The more people that sue, the stronger the case is for the OFT when they investigate these charges later this year.

so i add up from the day charged at 0.00002% a day then slap 8%apr on top ?

bit unsure

dchurch24 wrote:

Don't forget to add the 8% APR as well.

It won't go to court as they are cowards - in fact, we have attempted to goad Abbey into going to court, but sadly I think that they will probably pay up.

I would at the conjuncture where they attempt to settle, add a fair measure for having a ruined Christmas too - I think you'll find that the closer the court date, the more willing they will be to compensate you ;-)

dchurch24

Why the heck do you imagine you have any case against FD for clearing a cheque which you wrote? Post dating cheques is NOT a safe method of delaying payment - and unless I'm very much mistaken, nobody ever told you that it was. You can't just make up the way things work - you wrote a cheque which gave FD authority to pay the money to your counterparty, and they did so. End of story.

Irrelevant - the charges (as you are quite aware) are punitive in nature - the reason why the charge was applied has no bearing in law - I may be quite mad, I don't claim otherwise - but trust me, I will be getting my money back from FD in due course. Maybe I'm not the mad one after all?

If the date on a cheque has no bearing, then does a signature? Or a name, or an amount or a bank account number? Why draw the line there? Why not just take the cash out when it suits them? And from whomever they want to take it - i.e. when there is no money in the account - which according the the T&C's would allow them to take their illegal charges.

If you really cannot see why I have a case against FD for these charges, then I dispair - you've read my other posts regarding charges and unless you are daft as a brush - which I doubt, then you surely can understand the legalities of punitive charges vs. liquidated damages.

It does make me laugh, you and M Thomson are about the most right-wing people I have come across. I cannot understand the wanting to profit (by way of 'free' banking) at the expense of people who can least afford to pay for it. Welcome to the Thatcher school of finance ;-)
No offence meant, but when I get rid of these charges for good and we all are paying a fair price for a fair service, I'll be having a little chuckle to myself about you two.

You call yourselves 'money savers' yet you do not take advantage of an 8% return on your money by way of banking charges - at least 3% higher than the best savings account around.


To Russe11, regarding the email to BankChargesHell - did you do this via the yahoo group - if not, this is the best way to get a reply.