Bank Charges - illegal?

davilown

carlih1 wrote:

Erm perhaps if the Inland revenue sorted their lives out and didn't stop paying me when i had split with my partner and had two children to look after i might have been able to do that, perfect credit score before then.

Also why post on here if you are just going to put people down, i would hate to think what you would do if you were put in that situation.

Are you aware that terms and conditions are things that are imposed into your contract, and a contract isn't necessarily legal.

As posted on here many times before if they are so legal then why don't the banks challenge anyone in court, why do credit card companies give in straight away and why are the OFT investigating.

Enough said i think!

Well said!!!!

beer monster

djohn2002uk

M_Thomson wrote:

Erm perhaps you wouldn't have incurred the charges that took you over the limit if you had kept to the terms and conditions of your account and not got charged.

Another holier than though no brainer. Why do they keep posting silly posts on this thread?

dchurch24

M_Thomson wrote:

Erm perhaps you wouldn't have incurred the charges that took you over the limit if you had kept to the terms and conditions of your account and not got charged.

Love it!! It always tickles me.

tempest42

carlih1 wrote:

Erm perhaps if the Inland revenue sorted their lives out and didn't stop paying me when i had split with my partner and had two children to look after i might have been able to do that, perfect credit score before then.

QUOTE]

I was also left with 2 children, a girl of 5 at the time and a boy of 7 months.

Get this the mother ran of with the insurance man to London.

Hard times and never a bank charge despide 25K in credit bill I knew nothing of, my own fault I know but I wasnt at home to intercept the bills, had the work thing to do.

Still 6 years later I get charges from the hALIFAX for Paying in CASH on the friday that doesnt go into the account till the next Wednesday and causes over a hundred pounds worth of charges to hALIAX/BOS.

Rather unfair, and I agree with you about the bloke who says you should manage your accounts better is in for one rough ride at some point......

dchurch24

My partner, who has just successfully recovered all her charges from Abbey - has just incurred ANOTHER £100 worth, simply because the cheque that they paid the last lot of charges took 6 days to clear - An Abbey check took 6 days to clear into an Abbey account, despite her being told it would clear on the Tuesday, didn't 'clear' until the Thursday.

Oh well, it looks like another claim going in against them - will they EVER learn?

If they won't learn their lesson about penalties in contracts in English law - you'd think at least that they would learn to have their staff tell the truth about when funds from one internal account would be available in another Abbey account.

It would be laughable if it wasn't so tragic and such an obviously pathetic attempt to extract money from people.

Their day will come.

Russe11

msaquib wrote:

Any suggestions what to do next.

The credit limit was £200.00 and the balance owing now is £545. £345 are the charges. Do I have to pay the charges??

S11

You've mentioned you'd like me to refund all the fees we've added to your account in the last year. I'm afraid I'm unable to do this, because we've added them correctly and in line with your credit agreement. However, as a goodwill gesture I've refunded £40 of fees to help reduce your balance, your outstanding balance is now £505.79. I've also included copies of your statements as you've asked.



seems thats there policy at the moment, refund the 2 last charges on the account of each type. They then say this is the best they can do.

as soon as you get the letter states that they are not going to move on their desicisons, submit your claim.

Turning_into_scrooge

tempest42 wrote:

QUOTE]


Rather unfair, and I agree with you about the bloke who says you should manage your accounts better is in for one rough ride at some point......

Maybe he/she works in a bank..............

One thing to remember, at some point there are going to be posts made on whichever forum from bank staff giving negative responses to areas such as this, more than likely because they are commited to their employer and also not forgetting possibly to save their jobs, they even may of been told to....

Having said that i am still going 100% of the way with LLoydsTsb..........then Natwest...........then Halifax credit card.....etc etc etc

Turning_into_scrooge

How do i word the letter that states that I have been a customer of xxx bank for xx no. of years when i cannot remember how long i held the account for? This is regarding an account i held at the Halifax i know definitely between 2001 - 2002 as i have found those statement, thing is most of them have a £25 charge on them. I am happy just o claim back from the statements that i hve with the Halifax as i know its not a huge amount unlike Lloyds which is the one i really am chomping at the bit with. So to claim the amount i have statements for how would i word the letter considering i have no idea how long i actually held the account for. I know to allot of readers this is a simple answere but please just indulge me i was in a bad car accident a few years ago and had a bang on the head lol which interfeers with my concentration and thinking on logical issues at times and i cannot bring family in on this to help me as they would then know im on a DMP which would worry them and i dont want them to know, sorry for rabbiting on, any help would be really apreaciated.

gothicf0rm

M Thompson could remember that banks need to learn basic professional behaviour. As an example I'm currently taking action against the bbc for something work related, they sent me a letter of reply within three days saying they would send their initial response within 14 days which they have done since with an out of court offer as their initial negotiating position. This is why I'm not suing them in court.
On the otherhand the bank just decided to completely ignore everything and not take the letters they got seriously. In business it is good practise to take every legal threat seriously and negotiate BEFORE someone gets fed up and files a claim against you. Ignoring annoyed customers, breaking your own contract with the customers in the process of both charging them and ignoring them, ignoring a letter from their solicitors, and so on is hardly the sort of practise anyone would expect from any business no matter how spurious the claim. Even Private Eye replied promptly in Arkell vs Pressdram. They eventually find out you are suing them despite them having acknowleged the claim only when they call up on the phone some 5 weeks after you gave them a deadline and proceed to tell you that they can't make you an offer now as you're taking them to court.
My bank have totally failed in their contractual obligations to me - for example the banking code says they have to debit fees from your account in 14 days and it could be argued this is part of the contract if the bank specifically mentions it in the terms and conditions as mine does. My bank manages to debit money from my account within 7 days.
Whereas my breach of contract with them costs them a matter of pence their breach of contract with me costs me 39 pounds whilst English law only allows damages that are directly related to the cost!
Now you tell me who is being the responsible one, the bank who decide to lose cheques forcing me to go overdrawn and then break their own contract and the law by charging me a punitive penalty or me who has done nothing wrong but should pay for it anyway. Of course if THEY managed my money more responsibly it would never happen.

ali82

I started off by making a friendly phone call enquiring about my account when I asked for the date that my account was opened then sent them a letter than began like this:


To xxx

Re xxxx

I have held the above current account with your bank since {Date}. During this time I have incurred charges for exceeding my overdraft limit due to cheques being cleared with insufficient funds in the account at unfortunate times, unauthorized overdraft fees, direct debits being dishonoured (and in some cases honoured) due to insufficient funds.


It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

It is my intention to pursue my claim with the Financial Ombudsman Services and the Financial Services Authority.


As a signatory to the Data Protection Act, you will be aware that I can make an application at any time for any and all records held by your organisation which refer to {Your Name} held on computer for the past 6 years.





But with the relevant info on your account