Bank Charges - illegal?

Fedz

I agree banks have been fleecing customers to make billions that is 'illegal' gains and they get away with it hundreds of times a-day - it's nothing short of a scandal!

Customers do have the law on their side and banks are running scared and they know it.

If you can't afford to keep money their that is about to be deducted from this months charges then either draw the money out and bank elsewhere or write (reg'd mail) or fax the banks head office and or local branch advising them of the dates, amounts and reason for charge and demand these charges are either stopped/cancelled and or credited back to your account and outlining the Unfair Terms in Consumer Contracts Regulations 1999 - profiting from a breach of contract and these charges are an unfair penalty.

If this isn't done without delay you will start legal action (County Court summons) to recover the charges applied to your account, inc. court costs.

If your account doesn't have enough funds in to cover the charges when applied to your account this will in effect make you overdrawn (unauthorized) and this will then incur further charges.

I find it easier to empty the account - argue for your charges back (past) and any charges that then go is easier as it's not your money but you still want them back to bring your account back into credit - it just hasn't cost you anything.

Hope this helps.

dixie_dean_2

Sorry if this has come up but its such a long thread and such a simple question and I got tired after about the first 8 pages! It's a great read and I think dchurch is cool. But to my question, can the '99 law be applied retrospectively? IE, can i get the money they "stole" from me during my borderline alcoholic university days 97-200?

Cheers

digp

yes, but not using the 1999 law. you need to find out the regulations / law in force at the material times and plead them in the alternative.

thus, possibly Unfair Terms Act 197?; UTCC 199?; followed by the 1999 regs

digp

p.s. there is a 6 year limit so you can only claim as far back as 6 years from when you bring the claim

dixie_dean_2

Can I rescind my thanks! Damn, 6 years will be no good to me - they mainly buggered me in 97, in think I slowly learnt my lesson year by year. Seriously though, thanks for the advice. Could it be worth trying it on with them anyway? Why the 6 year time limit anyway - is that something that could be potentially challenged?

gothicf0rm

the statute of limitations is only six years apart from property where it is twelve. you cannot claim back any further than that, so banks have already gotten away with tens of billions of our money. the law cannot be applied retrospectively. you could claim back charges on a mortgage from between six and twelve years ago, i am not sure if you can do this with say an overdraft that is secured against property. im not a lawyer.

dchurch24

There is a train of thought that the statute of limitations can be circumnavigated in the effect of debts.

If you could get the court to agree that these charges are a debt to you, then I think there are ways around it.

It's tricky, but I think possible - I've been reading a fair bit about it, and as I am not a qualified solicitor some of the reading material gets a bit heavy - to say the least!

dchurch24

To Pink Fairy:

Write them a letter first explaining that their charges are illegal and if they do not return the money to you in full within 7 days then you will start legal proceedings for recovery.

I have a couple of useful web sites that may interest you, but as per the forum rules I'm not allowed to post them here.
PM me for the links. Unless someone here who isn't associated with the sites can post them for me ;-)

dchurch24

Just for information:

It is my belief that it is only the OFT that can bring about proceedings using the 1999 CCR's.
It is best to quote the existing case law regarding punitive charges vs. liquidated damages and use the 1999 and 1977 regs as backup (although the 1977 regs could be used by anyone).

digp

dchurch24 wrote:

There is a train of thought that the statute of limitations can be circumnavigated in the effect of debts.

If you could get the court to agree that these charges are a debt to you, then I think there are ways around it.

It's tricky, but I think possible - I've been reading a fair bit about it, and as I am not a qualified solicitor some of the reading material gets a bit heavy - to say the least!

Have you got a reference to this material?

You need to look at the Limitation Act 1980 to see if it is possible to get an extension. I'm not sure it is.