Bank Charges - illegal?

dchurch24

Papa_Hodge wrote:

I have incurred "penalties" charged by Yorkshire Bank over a long period of time.
It is difficult for me to calculate how much to sue my bank for.
1) How far can I go back with my claim?
2) Will the bank provide me with details of charges going back e.g. 5 years?
3) Do I just submit inflated claim for say £5,000 & let bank provide evidence to court of actual value?

Also, the bank closed my account due to increasing overdraft as a result of such charges & I am still paying them back.
I am determined to get something back & will let you know how I get on.

Have a look at the FAQ on the https://www.bankactiongroup.com website.

All of these questions and some are answered there. You will like the answers.

dchurch24

philb120 wrote:

Yes I know I'm easily confused so can I ask- is it worth starting the process with HSBC and Natwest/ Marbles credit cards ? Or is it worth waiting until the current legal action plays out? Am I likely to still get a result or have I left it too late ? (only just become aware of all this )

You have nothing to lose - why would you have left it too late? The law hasn't changed.

Esmerelda

Hi, I've tried reading some of the posts but it's a rather long thread to go all the way through, so I was wondering if anyone could give me some advice. I have a student account with NatWest and I just got a letter from them saying they rejected a direct debit to my A&L online saver because it would have taken me over my agreed overdraft, and that they were charging me a £38 unpaid fee. I am horrified because I must have messed up on the A&L site because I was actually trying to move the money INTO the natwest account. Also £38 is a huge amount of money for a charge and it actually puts me over the agreed OD limit. I cant believe a silly mistake costs this much. My mother says its not worth asking the NatWest to refund the charge as an act of niceness but does anyone think I should try phoning or going into the bank and begging? £38 may not seem like much money to a lot of people but really it is more than I can afford to lose at the moment.

Tim_L

Yes it is worth asking them to refund the charge. They probably will for a first transgression. You don't need to beg, either - these charges are illegal.

Frugal_Fox

mx-3 wrote:

Hi,
Just got a letter back from the bank that gives you extra.

Basically saying, you have agreed to the terms & conditions for the charges.

...
So is my next step............wait for the report of the charges, then write to them again asking to be refunded within 7 days, If that fails take them to court.
``

Hi mx-3,

My letter to the Halifax went on Monday, least now I know what sort of letter I am likely to get in return!!

Good luck!
FF

homer_j_3

Can anybody tell me how long it normally takes the ICO to investigate a complaint. I know I am being impatient but if I had a timescale to work to, I would probably feel better.

I was thinking about another possible route for these charges rather than having to wait for ICO - so here goes, any comments welcome:

- Bank have clearly stated that we are not entltled to statements or list of charges
- ICO complaint logged

If I was to write a letter enclosing £10 cheque statng something along the lines of

- You have refused me access to my personal information under data subject access
- You have refused to provide a breakdown of my charges, including dates and amounts.
- On this basis I am making the offer of providing this information through the data subject access and enclose money for this.
- If you cannot accept my offer then I would want confirmation that all charges incurred throughout the last 6 years will be refunded as they are punitive and break the law
- This offer is open for the next 7 days otherwise I will have no option to take you to court for the maximum amount permissable of £5000 including the compounded interest at 8% on the basis that you have refused me this information and is impossible for me to accurately reflect these costs due to your refusal f access to this information.

I will just then wait for the next 7 days and wait to see what happens?

What do you think.

Pere_Ubu

homer_j wrote:

Can anybody tell me how long it normally takes the ICO to investigate a complaint. I know I am being impatient but if I had a timescale to work to, I would probably feel better.

I was thinking about another possible route for these charges rather than having to wait for ICO - so here goes, any comments welcome:

- Bank have clearly stated that we are not entltled to statements or list of charges
- ICO complaint logged

If I was to write a letter enclosing £10 cheque statng something along the lines of

- You have refused me access to my personal information under data subject access
- You have refused to provide a breakdown of my charges, including dates and amounts.
- On this basis I am making the offer of providing this information through the data subject access and enclose money for this.
- If you cannot accept my offer then I would want confirmation that all charges incurred throughout the last 6 years will be refunded as they are punitive and break the law
- This offer is open for the next 7 days otherwise I will have no option to take you to court for the maximum amount permissable of £5000 including the compounded interest at 8% on the basis that you have refused me this information and is impossible for me to accurately reflect these costs due to your refusal f access to this information.

I will just then wait for the next 7 days and wait to see what happens?

What do you think.

Homer, I was wondering about this too. MBNA asked for the £10 fee which duly sent and have heard nothing since. I know I can complain to ICO but like you am aware it will take an age. Was speaking to mt husband last night who is having the same problems with Abbey not proving him with info. We were thinking that as the 6 year rule is ticking away that means that the delay means that some charges are going to start to fall outside of the 6 year limit. Will read with interest as we were thinking of how to submit court papers without knowing the exact amount. I am going to call the court today to see if you can put in a max claim of 5k and see whre it goes. I guess as long as it is done in good faith there can be no harm?

homer_j_3

Thats very strange re MBNA. From submitting request for info with cheque 2 weeks ago, I have been paid out with them..

My problem is with Yorkshire Bank. I am going to have a go at writing a letter and will post when I am happy with it.

dchurch24

Keep it less than 5k - if the court allocation fees knock the overall claim over, then you will not protected from their legal costs should you lose (unlikely I know, but if it's for more than 5k they may well throw everything they have at it.)

It is certainly permissable to start a claim as such "I expect to recover no more than £5000."

homer_j_3

Here goes.. Attempt 1 - please let me know what you think.

WITHOUT PREJUDICE

Dear Sirs

Re: Account Number XXXXXXXX

Following your refusal to provide me with my personal data following my data subject access request, I can confirm that a complaint has been sent to the Information Commissioners Office (ICO).

To my understanding the ICO confirmed through the Durant vs FSA case that bank statements and spending habits were in fact pieces of personal information, a copy of which is attached.

It is also to my understanding from the ICO guide titled “ Data Protection Act, Subject Access – A guide for Data Subjects” that I can request my personal data through a data subject access.

On this basis, I believe that your refusal to provide this information is highly illegal and on this basis I look forward to the outcome of the ICO’s decision. .

Whilst this investigation is being carried out, I would like to notify you that it is my intent to reclaim all charges, in full, incurred for breach of contract including but not limited to:

• Late payment Fees
• Over the Limit Fees
• Exceeding Overdraft Fees
• Non Authorised Transactions

My reason for this claim is that I believe that these charges are punitive and unenforceable due to the OFT’s ruling in connection with the Consumer Credit Act 1999 and the Durant vs FSA case.

Further to the precedents set in the aforementioned legal case and many others, I believe that these charges are in direct breach of the Unfair Contracts Terms Act 1977.

I am therefore respectfully requesting that you refund all charges placed on all accounts held with you, including our sole and joint named personal current accounts and visa card account from the last 6 years.

If you fail to accept my offer within the next 7 days then I will have no option but to start proceedings for recovery through the County Courts as we believe that we are legally entitled to this money back.

Unless you provide me with a breakdown of all charges, I will assume that these are no more than £5000 inclusive of court cost liability and the 8% APR allowed by the County Courts Act 1984.

Please note that I have enclosed the fee of £10 for the data subject access request and respectfully request that you hold this until the ICO has made its decision or you provide the requested information.

Yours faithfully