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MSE News: Bank charges: banks win test case appeal

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  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Only just had a chance to post after this mornings ruling.

    Just for the record, I haven't incurred any charges for a number of years now, so I have no current claims or personal gain from the decision. But I do believe the charges are 'unfair' from a consumer point of view.

    I've got to admit I'm pretty suprised. I think even the banks didn't expect to win the appeal. Some have already changed their terms regarding charging to make them 'fairer'.

    Unsuprisingly, the decision has been met with a fair amount of hysteria. I've seen some misinformed and rude comments from both sides of the argument on here already.

    Accusations of corruption are pretty wide of the mark. The appeals process allows a different set of judges to review the evidence and rule at each stage and there's always a chance a different decision will be made. Although it's not unusual to go against the previous courts decision, I've yet to read the judgement in detail on exactly why the previous appeals have been overturned.

    Equally, I respectfully suggest those whose only response is 'Don't go overdrawn' go back to the beginning of the Bank Charges process and read up on what is being challenged and why. It's goes without saying some customers should manage their money better, hopefully this site helps them to do this, but from a legal challenge, this narrow view misses the point.

    The challenge for 'fairness' is not necessarily over and it looks like the OFT are considering their next move and will announce this next month. As far as I can see, the OFT can't continue their action on the basis the terms are unfair, but there are other avenues. It could be that claims can still be made under other sections of the UTCCR or other legislation may apply. Indeed, the lifting of the waiver puts claimants in a situation similar to that before it was introduced.

    Whichever view you take, keep it civil!
  • Charlie94 wrote: »
    Apart from your experience of working with people in this situation do you actually have any hard evidence for your views on people with debt? Are there any studies that can back this viewpoint up?

    I certainly have n't seen any.

    sorry Charlie, I don't quite understand your question. Was it meant for me? As far as I can remember, my contributions today have been about the conduct of the banks, not views about people in debt. There have been some very strong comments about people in debt on here, but not from me!

    as for studies to back up, seeing as this is a public forum for ordinary punters, I think most people will be talking from personal experience and expressing a personal opinion. So the majority of us will be unable to quote any studies. Doesn't make people's views less worthwhile, though...
  • river
    river Posts: 50 Forumite
    HOW CAN SOMETHING BE EXEMPT FROM FAIRNESS?
    Part 2

    So...it seems that the citizens of this nation cannot expect to be treated fairly any more. The banking institutions have already lost what little credibility they had to begin with...the government doesn’t have much either but now it seems that the judicial system has lost its credibility too. It has now given free reign to the banks to exercise any charges it wants as that aspect of their business cannot apparently be questioned under rules of fairness. THE BANKS HAVE NOW BEEN GIVEN A LEGAL LICENSE TO BE UNFAIR in other words. LEGALLY BLESSED CRIMINAL BEHAVIOUR...legal criminals...that is an interesting thought.

    What are we to do? I have a small suggestion...but as always, it needs people to realise that they do indeed have the power to make a change. We are the ones who ultimately grant power to these overgrown and obese organisations who are feeding upon our blood to fatten their own flesh and we can change things around...apparently not completely through legal means as the judicial system seems to have abandoned us. But there are always ways...short of a revolution, we may be able to show our power through one act. LET’S BOYCOTT ONE BANK. Let’s agree on boycotting one bank and everyone who is a member of that bank, abandons it for another. Granted, it will just give more business to the other banks but...if we all abandon one of them, EFFECTIVELY PUTTING IT OUT OF BUSINESS...the rest of them will know that we can do it to them too.

    Is this a viable idea? I know that it could work...and I would simply recommend it to be one of the banks that took part in this court case...
  • mramra
    mramra Posts: 618 Forumite
    Part of the Furniture 500 Posts
    Llogan1988 wrote: »
    This is where all our charger are goin big back hander but i bet theres personal interest, funny how its been agreed by 2 other court systems, i think we should all quite banks while they get their xmas bonuses we get a rubbish year again, theifs, rediculus well im not giving up, even the pm was behind us, RETRIAL Our contry is so corupt man. Bull, now i bet they expect us to b ok with this lol no chance, draw!!!

    What does that mean?
  • LATWTTB wrote: »
    Actually you will find my comment more than you think. I am not rubbing anything in but I am allowed an opinion. But thanks for copying my comment again for me. Then you small minded idiots might get the message.

    In this world you have to pay for things and amazingly you pay far more than what it cost. Just bought a case to protect my phone. It is a srelatively small piece of plastic yet it still cost me £16.99! Might take them to court, no the Supreme court for ripping me off!!!

    yea in this world you have to pay for things... except for a bank account because the less well off a struggling folk pay for that.

    But please dont mind me im just a small minded idiot!
  • ouija
    ouija Posts: 31 Forumite
    edited 25 November 2009 at 4:04PM
    No what happens is they take the £16.99 from you and when that charge is completed, they charge you £16.99 for making a payment. For which you are charged.... etc etc etc

    I can't fathom how people can side with the banks. They make literally BILLIONS from the financial suffering others. Siding with massive profit machines? You're nothing but a sheep. This country is going down the drain and people are sitting back and letting it happen. As long as your television pumps out hundreds of channels daily and you can have your shopping delivered to your door, just bend over and take it right up the a$$.
  • I would just like to say I think the banks knew the outcome of today.

    99.99%. The parties in a case get a written copy of the judgment in advance (often about a week) but it's embargoed until it's handed down.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • LATWTTB
    LATWTTB Posts: 10 Forumite
    mramra wrote: »
    Outrageous! What, you mean that they told you in advance that it would cost you £16.99 for the piece of plastic, then had the cheek to charge you £16.99 when you said "I'll take it"?! :rotfl:


    It happened at the pub the other day aswell-got me and the wife a nice bottle of wine and they charged us £13! Now I know Tescos do the same bottle for £6-!!!!!!?!?
  • Drunkstar wrote: »


    And then you have to pay more for paying by cash/debit card. Either way the poorer people are being screwed.

    No, you're paying the normal price. You're just not receiving the discount that companies offer you for using direct debit. You need to decide what is more important to you (and more cost effective), receiving a small discount for allowing a corporation to access your bank account (and take whatever amount they like) but run the risk of bank charges if they fail or not to receive a discount and have more control of your own money.

    Someone else on here, many posts ago, was railing about the injustice that a mobile phone company took too much out of his account, sending him overdrawn and causing fines. They refunded the money but not what he incurred in charges. This would not have happened if he hadn't given them full control of his bank account, allowing them to take as much as they like.

    So the question is, "are the discounts and convenience of direct debits worth the loss of control of your own bank account?"

    Answers on a postcard... :)
    "I can hear you whisperin', children, so I know you're down there. I can feel myself gettin' awful mad. I'm out of patience, children. I'm coming to find you now." - Harry Powell, Night of the Hunter, 1955.
  • MrLeeLee
    MrLeeLee Posts: 163 Forumite
    Just heard Martins thoughts on the main page, and now any hope I had that their might be another route to reclaim bank charges has gone. It really does feel like the end to me, after all this time, all the court cases that have been won in our favour, it's all gone out the window.
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