Bank Charges - illegal?

dchurch24

So the section that Mandi needs to bring to their attention is:

Provided the information in question can be linked to an identifiable individual the
following are also examples of personal data:
• information about the medical history of an individual;
• an individual’s salary details;
• information concerning an individual’s tax liabilities;
• information comprising an individual’s bank statements; and
• information about individuals’ spending preferences.

antoniosteve

Hi - I'm new to the site, and I've only managed to skim-read through this thread (it being 60 pages long, and me being at work)...

I bank with Lloyds TSB, and over the past year or so, I've been hit for around £400 worth of charges, predominantly because they charged me once, for £30, and promptly failed to, as they say they will in their T&C document, send me a letter giving me 14 days notice of the charge. Do I have grounds to try and claim these back?

dchurch24

Everyone has grounds for claiming these back - see the FAQ on https://www.bankactiongroup.com - most of the questions you may have will be answered in there.

exil

If a "punitive" charge is illegal, what about

- library fines
- penalty fares
- charges for releasing clamped cars

???????

dchurch24

as discussed in this thread prior to this:

Govt. institutions, agencies or general govt. bodies are not bound by the same law - only private companies with contracts with individuals - hence it's called the Consumer Credit Act, and not the Govt. Credit Act. Also, the law as covered by the 1977 Unfair Terms Act is aimed at contracts - I didn't sign a contract with the clampers.

Libraries are Govt. agencies if they receive public funds - which they do.

Car clamping is a different matter, as if it is a private firm and has been contracted in by another private firm for clamping on private property, then they are in breach of the 1968 Theft Act, in which they are preventing you access to your private property. Next time a private clamping firm clamps you on private land (not yours obviously) - let them know that - and you might find yourself quite suprised at the speed at which they release the clamp!

gothicf0rm

to andy s on the previous page -
the same thing happened with me last week basically. they called up and asked me what the problem was and what they could do, as if they hadnt read their letters. i told them they were out of time, their charges were unlawful, i was suing them because of this and they should know this because theyd already acknowleged the complaint and were going to file a defence. "why would i say id take you to court and then not take you to court" i said to an incredulous customer services robot. incidentally they called 7 weeks after the initial complaint and im still waiting for their call back that was promised last week the same night.
dont take crap from them, make a deadline and stick with it. the penny will drop with the bank youre totally serious sooner or later, afterall they simply take money from you without as much as a by your leave so why not treat them with the same complete lack of respect and tolerance.

tempest42

Corrr did this one have me thinking
I would say EXIL is actually right ! Untill the last bit about Clamping.
Its all about fairness, like when parking tickets where £6 (seemed a lot at the time but it did pay a guy's wage and for the paper), a parking charge now is excessive.

Dont mind paying library fines - the kids do .... live and learn (fairly & early)

Penalty fines - suppose this means motoring fines - cloudy on this as the motorist is the target of the goverment now, how else are they going to get all the money they are going to lose through tobacco and alcohol revenue

Clamping - Thanks for the advice (once again) DCHURCH24 , Clamping is disgusting and I struggle to understand how they can clamp a taxed car, a reasonable penalty maybe but to clamp !

Suppose Im trying to say , your both right and there has to be some reasonable ground in the middle, guess thats why we have courts.

---

If a "punitive" charge is illegal, what about

- library fines
- penalty fares
- charges for releasing clamped cars

dchurch24

Library fines are not excessive though - this is what legally makes a charge a penalty.

The charge for not bringing a book back on time isn't even the cost of the book - which, they could stand to lose forever, thus incurring a loss. For a breach of contract a party is allowed to recover costs incurred by that breach - in the case of a book going missing forever- the cost of a replacement book.

traceya89

Can i ask are catalogues within their right to add £15 admin charge when your cheque somehow mysteriously disappears and your payment therefore is late???? I sometimes wonder whether they are told to hold back cheques so that they can add a late payment fee

tempest42

tracey89,
Sounds like its time to get the statments out and write the a nice letter saying you their charges are punative and give them say 10 days to refund them , then its shell out £30 on moneyclaim online and go for your moneyback. Thats the last 6 years of these charges.