Yeh Nice One Martin .......... Not

I'mcomingbackasaman

This thread just shows "you can't please all of the people all of the time"

road2nowhere

It;'s our money the bank is taking it illegally
so we have the right to claim OUR money

:money:

Need_More_Money_2

road2nowhere wrote:

It;'s our money the bank is taking it illegally
so we have the right to claim OUR money

:money:

That is true and I certainly dont support the excessive penalty charges imposed by the banks. However, doesn't the same apply if you go overdrawn without prior authorisation? You are taking the bank's money illegally and they have a right to apply some kind of penalty.

Twinkly

Need_More_Money wrote:

You are taking the bank's money illegally

You are not taking the banks money illegally. To be so there would need to be a law of the land covering this issue and there isnt. It is against the terms and conditions but an offence in law ? I dont think so.

That is the basic premise that reclaiming charges is about. The charges are unlawful regardless of the banks terms and conditions and there is ruling to enforce your claim or no one would be able to do it and we wouldnt be here. Therein lies the difference.

If anyone can quote where someone was arrested and prosecuted under a written law because they went overdrawn and committed theft I would be very interested to read the source. Its not something I've heard of, perhaps others have ?

krisskross

Twinkly wrote:

You are not taking the banks money illegally. To be so there would need to be a law of the land covering this issue and there isnt. It is against the terms and conditions but an offence in law ? I dont think so.

That is the basic premise that reclaiming charges is about. The charges are unlawful regardless of the banks terms and conditions and there is ruling to enforce your claim or no one would be able to do it and we wouldnt be here. Therein lies the difference.

If anyone can quote where someone was arrested and prosecuted under a written law because they went overdrawn and committed theft I would be very interested to read the source. Its not something I've heard of, perhaps others have ?

This is a bit of a have your cake and eat it scenario.

You want to be allowed to take the banks money without permission or penalty but they are not allowed to take yours.

Twinkly

krisskross

Personally I dont want to take anyones money I have my own thank you

But in answer to your post I base my discussion on the fact it is not illegal to go overdrawn but it is unlawful to charge the penalty for doing so and nothing else.

Need_More_Money_2

Twinkly wrote:

You are not taking the banks money illegally. To be so there would need to be a law of the land covering this issue and there isnt. It is against the terms and conditions but an offence in law ? I dont think so.

That is the basic premise that reclaiming charges is about. The charges are unlawful regardless of the banks terms and conditions and there is ruling to enforce your claim or no one would be able to do it and we wouldnt be here. Therein lies the difference.

If anyone can quote where someone was arrested and prosecuted under a written law because they went overdrawn and committed theft I would be very interested to read the source. Its not something I've heard of, perhaps others have ?

Ok, so I used the word illegal because that was the word used in the post I quoted. Perhaps unlawful would be better?
The point remains though, if we are complaining about the banks taking our money then they have just as much right to complain if we take theirs without permission.

Twinkly

Need_More_Money wrote:

The point remains though, if we are complaining about the banks taking our money then they have just as much right to complain if we take theirs without permission.

Of course they do I totally agree on that. At present they dont have the right to severely financially penalise the customer and perhaps they will come up with a better means of dealing with persistent breaches of their contracts in a manner that is both fair and lawful.

ollyk

Twinkly wrote:

You are not taking the banks money illegally. To be so there would need to be a law of the land covering this issue and there isnt. It is against the terms and conditions but an offence in law ? I dont think so.

I couldn't help notice you were quick to point out the errors of need_more_money but not those of road2nowhere... under the circumstances should you not have corrected their post as well?

You know what I really think is a shame here is that banks can't scrutinise the statements of individuals and take them to court based on their spending habits. Therefore, people who have been charged 'ridiculous' amounts for living far beyond their means would have the charges upheld and would not be allegiable to refunds, or even be made to pay the full reclaimed charges back!
In the circumstances of people who could not help getting overdrawn, and who could show some attempt at account management should of course be treated fairly, although I suspect many, many people have been treated this way by their banks when in trouble, we are just never going to hear about them.

nickmack

ollyk wrote:

You know what I really think is a shame here is that banks can't scrutinise the statements of individuals and take them to court based on their spending habits. Therefore, people who have been charged 'ridiculous' amounts for living far beyond their means would have the charges upheld and would not be allegiable to refunds, or even be made to pay the full reclaimed charges back!
In the circumstances of people who could not help getting overdrawn, and who could show some attempt at account management should of course be treated fairly, although I suspect many, many people have been treated this way by their banks when in trouble, we are just never going to hear about them.

Some people do need to manage their money better and this site has plenty of ways to help do that.

As this whole issue is based on the unlawfulness of the charges, you can't distinguish between those who have perhaps overspent and those who are have genuine money problems.

The banks are imposing what amounts to a fine with the charges, which is bad enough, but to then ask them to label customers according to whether they think their living is excessive is not a role they should play.