How will reclaiming bank charges impact banking discussion

Stokey125

sinizterguy wrote: »

Your entire reply is based solely on your opinion that the charges are unfair. As there hasn't been a case that has gone to court and proven that it is unfair, I support the banks continuing to charge.

Can I respectfully disagree with you while you are correct that the case of Berwick v LloydsTSB went in favour of LloydsTSB. There was a subsequent case in St Albans County Court called Terry v LloydsTSB which went the other way so we have two first instance county court decisions going in diametrically opposite directions. Accordingly, we need an appellate decision to clarify thenposition which we are not going to get. Failing that the result of the Test Case might resolve some or all of the issues.

Stokey125

jesteruk1 wrote: »

Im currently seeking 2000 from Halifax and at the end of July i filed thru online courts. Now im expecting them to request a stay. Now the thing is they are taking action against me for 1200 after loosing my job and being unable to repay the overdraft. They are due to hit the courts with this in about 7 days time- so can i ask for a stay on there action against meon the grounds im awaiting the outcome of my action against them??

Many thanks guys

Good luck!!

If the two matters are between the same parties and in the same court then you can apply for the two actions to be consolidated and leave it to the bank to decide whether to apply for thenstay to be lifted.

DIRTY_CASH

sinizterguy wrote: »

Your entire reply is based solely on your opinion that the charges are unfair. As there hasn't been a case that has gone to court and proven that it is unfair, I support the banks continuing to charge.

What bit of "unfair" don't you get.

A bank processes a withdrawal over an overdraft (accidental or otherwise, so we don't get into some long drawn out debate on reckless, !!!!less individuals people managing their finaces better etc etc) This could be anything from £2.00 to whatever. It costs them between £2.50 - £4.50 MAXIMUM to processs AND NO MORE. The banks charge anything between £25 and £39 for the privelige. What part of gross profitering don't you understand.

No one is say charges are unfair but these extortionate penalties are.

Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. These huge charges are unfair and unlawful as they do not reflect the true cost of going into an unauthorised overdraft and are therefore punitive charges. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

lindilou39

DIRTY_CASH wrote: »

What bit of "unfair" don't you get.

A bank processes a withdrawal over an overdraft (accidental or otherwise, so we don't get into some long drawn out debate on reckless, !!!!less individuals people managing their finaces better etc etc) This could be anything from £2.00 to whatever. It costs them between £2.50 - £4.50 MAXIMUM to processs AND NO MORE. The banks charge anything between £25 and £39 for the privelige. What part of gross profitering don't you understand.

No one is say charges are unfair but these extortionate penalties are.

Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. These huge charges are unfair and unlawful as they do not reflect the true cost of going into an unauthorised overdraft and are therefore punitive charges. ffice:office" /><O:p></O:p>

we get used to pig headed uneducated people in consumer contracts Dirty Cash, most of us just laugh at them.

DIRTY_CASH

lindilou39 wrote: »

we get used to pig headed uneducated people in consumer contracts Dirty Cash, most of us just laugh at them.

:T :T :T
Sorry I just bite.

I love these thread hijackers who know absolutely nothing and just waltz in hoping to kick up a storm.

Thanks Lindi, Stocky, Deary, Tanz, Palerie and all the other sane people fighting our corner! Your help and advice has been so valuable.

lindilou39

DIRTY_CASH wrote: »

:T :T :T
Sorry I just bite.

I love these thread hijackers who know absolutely nothing and just waltz in hoping to kick up a storm.

Thanks Lindi, Stocky, Deary, Tanz, Palerie and all the other sane people fighting our corner! Your help and advice has been so valuable.

your most welcome Dirty Cash...I have to put your full nickname in or it sounds just wrong lol....well today my case is stayed till 6th sept for the solicitors to reach an agreement or settle with me, if no agreement or settlement is reached then the defendants have till 20th sept or there abouts to submit to the court a breakdown of their costs....keep your fingers crossed for me..

Lin

DIRTY_CASH

lindilou39 wrote: »

your most welcome Dirty Cash...I have to put your full nickname in or it sounds just wrong lol....well today my case is stayed till 6th sept for the solicitors to reach an agreement or settle with me, if no agreement or settlement is reached then the defendants have till 20th sept or there abouts to submit to the court a breakdown of their costs....keep your fingers crossed for me..

Lin

Will do Lindi!

Let hope we all get something to cheer about if this Stay gets lifted at the end of next month.:j

Good luck everyone.

TANZARELLI

They seem to think that our arguements are based on assumptions, however they forget we are backed up by legislation, caselaw and knowledge, which is something their pointless narrow minded, arguementative posts reflect.

I bet they wouldn't laugh if they got a charge which took their account overdrawn causing a snowballing effect as they get hit by a number of other charges. They would have to do some serious money saving to re-coup this.

Tanz

lindilou39

TANZARELLI wrote: »

They seem to think that our arguements are based on assumptions, however they forget we are backed up by legislation, caselaw and knowledge, which is something their pointless narrow minded, arguementative posts reflect.

I bet they wouldn't laugh if they got a charge which took their account overdrawn causing a snowballing effect as they get hit by a number of other charges. They would have to do some serious money saving to re-coup this.

Tanz

Absolutely Tanz, I for one got hit by the snowball, so now am chucking a few back lol

sinizterguy

DIRTY_CASH wrote: »

:T :T :T
Sorry I just bite.

I love these thread hijackers who know absolutely nothing and just waltz in hoping to kick up a storm.

Thanks Lindi, Stocky, Deary, Tanz, Palerie and all the other sane people fighting our corner! Your help and advice has been so valuable.

I am not just waltzing in to kick up a storm. I believe the charges are justified and I have said so in many other threads.

Just because I dont agree with you doesnt mean that I am stubborn, stupid or a troll.