New Consumer Credit Act bank charges arguments

esmerellda

Well with the months notice you had enough time to cancel the DD's and make other arrangement to make the payments to the companies so yes I think it wipes out any specific unfairness.

The £11 (interest and £3 OD) didnt inflict the charges - the three bounced DD's did, probaly £35 a hit plus £20 for being in unauthorised ? so if anything your £3 OD cost you £20.

davidgmmafan

Have you acknowledged that they gave you a months notice? If you say they didn't they can't prove it was given.

Personally I can see, vaguely, how the service charges argument could hold for paid items, maybe even unpaid at a stretch, but how is the unauthorized OD fee a service of any kind?

ilesmark

It was 4, not 3 bounced D/Ds.

I haven't acknowledged that they gave me a month's notice but, as much as I would like to say they didn't, it is patent that they did from the letter/statements.

Re the question of whether the unauthorized OD fee is a service - good point, but I was under the impression one of the points in the test case judgement was that 'service' in this context consisted of them considering whether or not to allow the a/c to go overdrawn. But if ANYONE has anything to add to this, please do so - the more I can get the [EMAIL="b@stards"]b@stards[/EMAIL] on the better :T

davidgmmafan

I'm not the best person to advise on the intricacies of the test case, I lost interest when it was apparrent they were going to get away with it scott free which the OFT and the Government now seems to be supporting them in.

I understand service as consideration whether or not to pay but the unauth OD doesn't do any of the above. I'm sure they must've weaslled out of this point some way too.

As per comments above about it being hard to nail Nationwide Im would agree since they were the only one who didn't change thier T & C's and I believe the initial judge felt thier T & C's were pretty clear.