MSE News: Bank charges: banks win test case appeal

aidorl

Does anyone have any advice for me. I have been to-ing and fro-ing with my bank re charges amounting to £8250. We're in financial hardship so rather than going to the Ombudsman I went straight to the courts and have spent over £500 to get my case in front of a judge.

The court case is on Monday and I am in turmoil now as to what to do. Today's verdict has left me devastated. Does anyone have any advice as to what I should do.
Thanks

never-in-doubt

blind-as-a-bat wrote: »

probebly, have been watching this all day, thats enough to confuse anyone:o:p:rotfl:

sorry if i misread your reply:D

LOL, thought so - we chatted for a while about unenforceability No? lol

I'm raging at the do gooders - they are gloating but not for long, the consumer will win this - just give it time ;);)

nellyboy

blind-as-a-bat wrote: »

because they hide until something tasty comes along then jump out and gobble it up.:eek:


And no i am not reffering to the lapdancing posts:rolleyes::p:rotfl:

gotcha!!

hehehe...there's a cartoon floating around on the forum i think of such a beast!?! :rotfl::T

smothy

Premier wrote: »

(a) use the quote function then!
(b) so it's not just me who says Standing Orders still exist.

I did try that but it only quoted the confused icon.

"Well the only situation I can think of where a SO would not be acceptable is when I worked for the council and customers had received a summons for none payment of council tax."

Well my local council only accept DD too. And I'm up to date with all payments...again.

never-in-doubt

aidorl wrote: »

Does anyone have any advice for me. I have been to-ing and fro-ing with my bank re charges amounting to £8250. We're in financial hardship so rather than going to the Ombudsman I went straight to the courts and have spent over £500 to get my case in front of a judge.

The court case is on Monday and I am in turmoil now as to what to do. Today's verdict has left me devastated. Does anyone have any advice as to what I should do.
Thanks

Cancel the court date! And read this:

Full bank charges Q&A: how it affects you

Bank charges: the phoenix from the flames

Lets just hope Reg 5 has some stance

Edit:

nellyboy wrote: »

ooopps, stand by for round two!!!

from the CAG forum:

NEW ROUTE FOR CHARGES CLAIMS

After further consideration of today's judgement, we consider that the door is now open for claims to be made under sections 5 and 8 of the UTCCR 1999.

We believe that the Charges term within your bank contract will not be binding under Regulation 8 as Regulation 5 points to terms being unfair if they are not individually negotiated if the cause a significant imbalance in the rights and obligations of the parties to the detriment of the consumer. Once it is established that the term violates Regulation 5, then Regulation 8 negates that term and so the banks will be liable to return all charges.

Over the next couple of days new templates will be drawn up, but the most important thing is that claims are not allowed to be closed. If your bank notifies you that your claim has been closed please let us know.

Further details will be posted as things develop, including details of what to do next if your claim is already in the system.

nellyboy

Premier wrote: »

I'm sure LloydsTSB see Barclays as a huge competitor

Where is the competitive supermarkets when they all charge the same price? :rolleyes:

eeerr with asda out doing everone, where does that leave aldi and tesco....relying on the people who cant get to asda....'nuff said...

Harry_Powell

never-in-doubt wrote: »

LOL, thought so - we chatted for a while about unenforceability No? lol

I'm raging at the do gooders - they are gloating but not for long, the consumer will win this - just give it time ;);)

Am I right that you're classing those people who think it's a good thing that the banks won the case as "do gooders"?

Do you then class yourself as a "do badder"?

Very odd turn on phrase, very Freudian!

Stephenbw

nellyboy wrote: »

i rang lloyds a month or 2 ago to ask a couple of things....did you know that a DD is presented to the bank about 2-3 days before it is taken, if not longer? if this is the case and they know that you have "insufficent funds" do they not contact you?

Yes, I did know this.

Thousands of DDs are requested every day electronically. No-one at the bank is going to check every one of those requests to see if there is enough money in each individual account to cover them, that is the customer's own responsibility.

Even if they did check you may have sufficient funds when they check but not when the DD is paid, or conversely may have no funds when they check but pay in a wad of cash before the DD is paid.

PNPSUKNET

oh well, more to the point what are the reclaims companys going todo now.... sorry guys job seekers allowance will be open soon to them

never-in-doubt

Harry_Powell wrote: »

Am I right that you're classing those people who think it's a good thing that the banks won the case as "do gooders"?

Do you then class yourself as a "do badder"?

Very odd turn on phrase, very Freudian!

No, I class them as the 'holier-than-thou' brigade actually :D

I class myself as pro-unenforceability and anti-banks... amongst other things