What next for Bank Charges

wendycook

Does anybody have any idea as to how we are moving forward the unfair bank charges?

I have a claim in which has now been passed over to a debt collection agency. I was told today that the debt is now longer a concern for the bank and I have to now deal with the debt collection agency regarding this.

Are we now going to see all Banks passing on these debts?

I have a list of all my charges and I am tempted to offer them £5.00 for every charge that they have levied and then ask them to justify the difference between the £5.00 I have offered and the £35.00 they have charged.

Any advice as to how we move forward as I am adamant I am not going to give up without a fight?

Premier_2

wendycook wrote: »

Does anybody have any idea as to how we are moving forward the unfair bank charges?...

Its over, forget it.

Or the official view of MSE, "its very important to assume you won't get a payout"

...[the new Supreme Court] decided that 'fairness rules' didn't apply (see Shock Bank Charges Loss news archive). Yet it wasn't 100% clear cut, as the court prominently stated the ruling didn't stop the OFT assessing fairness on other grounds.

However, in late December 2009, the OFT decided it wasn't willing to fight on; it had looked at the law and didn't think there was much chance of success...

wendycook wrote: »

...I am adamant I am not going to give up without a fight

Best of luck - hope you've got deep pockets, you'll be needing them if you are intent on taking this on personally.

orc_2

Premier

Please stop giving people only half the story.


Wendy, new legal arguments are being developed following the Supreme Court result. Your argument re cost of charges will not work now I am afraid, the fairness issue is over.

Please keep in regular contact for updates and guidance on how to proceed with claims using the new particulars of claim. It is expected that these will be ready towards the end of January. Why not register for the weekly MSE newsletter to keep you posted?

natweststaffmember

wendycook wrote: »

Does anybody have any idea as to how we are moving forward the unfair bank charges?

I have a claim in which has now been passed over to a debt collection agency. I was told today that the debt is now longer a concern for the bank and I have to now deal with the debt collection agency regarding this.
When did they pass the account on to debt collection? Was your bank charges claim in court or with the bank?
Are we now going to see all Banks passing on these debts?

I have a list of all my charges and I am tempted to offer them £5.00 for every charge that they have levied and then ask them to justify the difference between the £5.00 I have offered and the £35.00 they have charged.

Any advice as to how we move forward as I am adamant I am not going to give up without a fight?

At the moment, more advice is coming in the middle of January but what was your argument to the bank over bank charges ie what law did you quote?

Dr.Shoe_2

Delinquency is a breach of contract and that they can only reclaim out of pocket expenses. They are not allowed to profit or penalise for breach of contract.

Alpine_Star

Dr.Shoe wrote: »

Delinquency is a breach of contract and that they can only reclaim out of pocket expenses. They are not allowed to profit or penalise for breach of contract.

Bank charges aren't penalties because the High Court ruled that no breach of contract occurrs.

pingchris

it seems to me that banks have decided to re invent the wheel,common knowledge knows that wheels are round,however banks would have us believe they are round but have little square bits attached,the more i see of the rulings and the laws governing bank charges ,the more i laugh.


so,bank charges arent penalties,banks state they are "part of a package of services banks provide",but the customer must run the service,ie the customer must administer there account accordingly as the banks lay down in there rules within this package of services,the banks have used this term "package of services"however a service is.......
work done by one person or group that benefits another.
an act of help or assistance

if a customer does not run the service the bank provides,then the customer is charged up to £39.00 a time for each individual failure to run the service,in fact banks should be paying us to run the service they provide,as we are then part of a sub contract,and i for one have not signed any paperwork that defines me as a sub contractor,ok this is probably a flawed argument so its out there for anyone to knock down,if it is knocked down so be it ,ill delve deeper the next time and maybe come up with a better way of tackling this bank charges fraud dealt out by banks

natweststaffmember

pingchris wrote: »

it seems to me that banks have decided to re invent the wheel,common knowledge knows that wheels are round,however banks would have us believe they are round but have little square bits attached,the more i see of the rulings and the laws governing bank charges ,the more i laugh.


so,bank charges arent penalties,banks state they are "part of a package of services banks provide",but the customer must run the service,ie the customer must administer there account accordingly as the banks lay down in there rules within this package of services,the banks have used this term "package of services"however a service is.......
work done by one person or group that benefits another.
an act of help or assistance

if a customer does not run the service the bank provides,then the customer is charged up to £39.00 a time for each individual failure to run the service,in fact banks should be paying us to run the service they provide,as we are then part of a sub contract,and i for one have not signed any paperwork that defines me as a sub contractor,ok this is probably a flawed argument so its out there for anyone to knock down,if it is knocked down so be it ,ill delve deeper the next time and maybe come up with a better way of tackling this bank charges fraud dealt out by banks

The service is "consideration" to pay or not pay based on the transaction requested and the funds available.

pingchris

natweststaffmember wrote: »

The service is "consideration" to pay or not pay based on the transaction requested and the funds available.

why is it that every ball that is thrown at the banks,they always seem to be able to catch it and throw it back,time for tea.

natweststaffmember

pingchris wrote: »

why is it that every ball that is thrown at the banks,they always seem to be able to catch it and throw it back,time for tea.

I've told you the consideration bit before so you need to get a tea tray, preferably metal, and hit yourself over the head. Eventually, it will knock some common sense into you.
http://www.moneysavingexpert.com/reclaim/bank-charges#legal
Please read the link here and then use google and read the law it relates to slowly and ask questions about it.

orc_2

natweststaffmember wrote: »

I've told you the consideration bit before so you need to get a tea tray, preferably metal, and hit yourself over the head. Eventually, it will knock some common sense into you.
http://www.moneysavingexpert.com/reclaim/bank-charges#legal
Please read the link here and then use google and read the law it relates to slowly and ask questions about it.

You two seem to be hitting it off again!

Enjoy your weekend guys!!:D