Bank Charges - illegal?

digp

Pere_Ubu wrote:

I requested statements from MBNA they wrote back asking for £10 to supply info. Sent this but still waiting for info.

They have 40 days to respond.
After which complain to the information commissioner.

digp

dchurch24 wrote:

Although technically, this is a breach of the Sale of Goods Act (1979) - requesting that the 'goods' (in the occassion of financial 'products') be paid for before a consumer receives them.

It's nothing to do with the SOGA.

It is governed by the Data Protection Act 1998.

dchurch24

The information requested is governed by the DPA - that much is correct.

However, the information is still regarded as 'goods' - and in particular financial 'goods' - thus, the product must be either in a contract or agreed to be paid upon completion of a financial service.

To ask for payment 'up-front' is a breach.

Therefore it has much to do with the SOGA.

FYI:
https://www.john.antell.name/SOGA1979.htm

Alanb

I'm very sorry for this post but I've read and clicked on links but still can't find a template or an idea of the wording to send to my bank to start the process off. Can someone point me in the right direction please?

Cheers

CODEBREAKER

the other month i went over my overdaft by £3, i was charged in total £56 for this £3 as the banks month starts from around the 5th of each month, i was charged £28 for being over for 2 days and then another £28 of another 3 days, the total cost for going over was £11.20p per day.

i rang the bank asking why the month did not start from the 1st as i have been charged twice in a month? the reply i got was ''read the terms and conditions you will find it all in there'' so much for NATWEST customer services.

i have since moved my income to a different bank, just getting the family allowance paid into natwest, they are now getting shirty with me telling me ''they will be forced to close my account if i do not use it for my main sorce of income, will this wipe my overdraft if they close it''??

dchurch24

Alanb - check the library in the https://www.bankactiongroup.com forum - there is a pro-forma letter in there that you can adapt to your needs.

CODEBREAKER: how much is your overdraft for? If you move your overdraft to another bank and leave the amount that they have charged for - you will most likely find that those 'charges' will be wiped due to 'goodwill' as they know that they could not possibly legally enforce them.

digp

dchurch24 wrote:

The information requested is governed by the DPA - that much is correct.

However, the information is still regarded as 'goods' - and in particular financial 'goods' - thus, the product must be either in a contract or agreed to be paid upon completion of a financial service.

To ask for payment 'up-front' is a breach.

Therefore it has much to do with the SOGA.

FYI:
https://www.john.antell.name/SOGA1979.htm

i'm afraid you are barking up the wrong tree. SOGA has nothign to do with it.

dchurch24

digp wrote:

i'm afraid you are barking up the wrong tree. SOGA has nothign to do with it.

No offence meant, but did you actually read the attached link?

You will find that it is bound by the provision of financial goods.

Alanb

Thanks but I'm having problems registering. I get a red cross for the confirmation code and the admin emails are being bounced back. I'll try again tomorrow.
Thanks for your help
Alan

dchurch24

The confirmation code is case sensitive - not sure if this is the problem or not.

I've just re-registered with a different name and the email came through fine - try later maybe.