Bank Charges - illegal?

Tabs_2

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

The 40 day time limit in which companies have to respond to a Data Subject Access Request starts "ticking" upon receipt of the fee. This is as recommended by the Information Commissioner.

In my work role, we don't cash the cheque until the papers have been gathered and posted to the customer, so technically, they aren't paying in advance. Sorry if this issue has been raised as a result of my use of the words "up front"!

The Yorkshire Bank and MBNA haven't asked for a fee in advance, I just took the decision to send it with my written request to prevent any further delays.

ladydriva

hiyas ive looked through all the pages on here.. took ages!!! still cant seem to find a standardised letter to 1st sent to a bank to inform them that the charges on my partners account over the last few years were illegal.. help anyone pls,, ive got confused by all the info on here!!!

many thanx x

Alanb

dchurch24, thanks very much for your help I'm in and on my way, I'll keep everyone posted if I have any luck (just under £1000 in charges). While I'm on can you claim for charges on closed accounts. I had one with the Nationwide which incurred masses of charges but was closed about 3 years ago. Thanks for all your help
Alan

dchurch24

You most certainly can claim on closed accounts - they have to hold the information regarding your account for 7 years. I have done this with Smile.

carlih1

Hi

i am about to write to capital one for the repayment of overlimit fees and late payments fees. This card is on a default at the moment because i am over the limit, but i am applying for £418.00 of bank charges which would take it much below the limit.

Does anyone have any suggested wording to add to the letter requesting bank charges, to say that if i hadn't been charged then i wouldn't have gone over the limit therefore finding it hard to pay because of the fees ect, can i have my card reinstated????

Thanks for your help

Carli

ladydriva

just a bump about my posting about a letter template to send the bank as a 1st letter of communication pls..

thanx

Switch

I know I have seen it somewhere, but can I find it now. A sample letter to the bank requesting all details held on file including but not limited to account statements as per DPA.

Any directions to this sample would be very much appreciated.

Switch

dchurch24

https://www.bankactiongroup.com - in the Library section.

tempest42

Here's one for the pot !
Know its not directly linked to bank charges but goes hand in hand with creating the situation that gets a lot of people the darn charges in the first place.
If you cancel your mobile contract, and they still take the money and you claim it back through the courts.
I always cancel the contract and stop the DD now but then they just list you as owing them equifax and experian.

seanparkin

dchurch24, thanks for all the help and advice in this thread - I've just heard back from HSBC after writing them a very lengthy and wordy letter detailing the things you've mentioned.

Result, they've refunded all of my bank charges as a 'gesture of goodwill' though they don't usually refund 'correctly applied charges' haha

Thanks again!