Bank Charges Charter/Petition Discussion

locutus_2

This petition caught my eye aswell, and only 4 more days 'till deadline

http://petitions.pm.gov.uk/Penaltycharges/

Kinda a side note here, on the petitions website search for bank charges and it gets 756 hits. Most of these have only a few petitioners, but some have 100's or even 1000's of people signing. If everyone who thaught these charges are unfair got behind 1 idea it would be a much louder voice that reached the doors of no10!

Another side note but is this legal issue going to be discussed under the OFT test case?

Social Security Administration Act 1992
187.—(1) Subject to the provisions of this Act, every assignment of or charge on—
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

If not then could we take the banks to court using this as one of our legal arguments? as most of us are in reciept of some form of benefit?

TANZARELLI

locutus wrote: »

This petition caught my eye aswell, and only 4 more days 'till deadline

http://petitions.pm.gov.uk/Penaltycharges/

Kinda a side note here, on the petitions website search for bank charges and it gets 756 hits. Most of these have only a few petitioners, but some have 100's or even 1000's of people signing. If everyone who thaught these charges are unfair got behind 1 idea it would be a much louder voice that reached the doors of no10!

Another side note but is this legal issue going to be discussed under the OFT test case?

Social Security Administration Act 1992
187.—(1) Subject to the provisions of this Act, every assignment of or charge on—
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

If not then could we take the banks to court using this as one of our legal arguments? as most of us are in reciept of some form of benefit?

A lot of people who are applying to have stays removed are using this arguement as if they have had charge which has then taken away benefit money it is providing a good case using the above regs.

Shelleyb_3

Hi.

I have a NatWest account (Advantage Gold). Does anyone know if you can still reclaim the bank charges back?

I've also received this letter from Natwest today, not sure what it means exactly can anyone help?

With reference to your request concerning any manual intervention to the administrative charges debited, these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropriate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account?.......

locutus_2

Shelleyb wrote: »

Hi.

I have a NatWest account (Advantage Gold). Does anyone know if you can still reclaim the bank charges back?

I've also received this letter from Natwest today, not sure what it means exactly can anyone help?

With reference to your request concerning any manual intervention to the administrative charges debited, these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropriate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account?.......

Try following the guide on this website. NatWest is basically the trying to fob you off as the T&C are in breach of Unfair Contract Terms Act 1977 and Supply of Goods and Services Act 1982. Proceed as the guide describes, although actually taking the bank to court may prove difficult at the moment so make sure you do your research before taking that step!

TANZARELLI

locutus wrote: »

Try following the guide on this website. NatWest is basically the trying to fob you off as the T&C are in breach of Unfair Contract Terms Act 1977 and Supply of Goods and Services Act 1982. Proceed as the guide describes, although actually taking the bank to court may prove difficult at the moment so make sure you do your research before taking that step!

Not sure the UCTA 1977 really applies, there have been cases where this has been chucked out, however the Unfair Terms in Consumer Contracts Regulations 1999 do as well as SOGA 1982.

natweststaffmember

The Berwick case loss was not the end of the story though because that went back to Lloyds TSB and then through the Ombudsman so I would not simply read the papers but ask the person who lost because the horses mouth is usually better than the stuff that comes out of its posterior.

Tools

Newbold You'll like this:
http://news.bbc.co.uk/1/hi/business/6960358.stm

Yes Newbold I do like that very much but I feel I must reiterate the point made in my previous post

Tools wrote: »

I also feel that a stay on charges by the banks is a bad idea unless once the test case is over the banks are going to write these off . Imagine the test case , for example , drags on for a year . Throughout this time people are slowly but surely accumulating charges , when the test case is finally decided , what then?? Do the banks suddenly say `never mind we will let you off ` I very much doubt it . People will be forced into even more debt possibly taking out loans they cannot afford , which if secured , coud lose them their homes . BAD BAD IDEA.

Also locutus

Another side note but is this legal issue going to be discussed under the OFT test case?

Social Security Administration Act 1992
187.—(1) Subject to the provisions of this Act, every assignment of or charge on—
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

If not then could we take the banks to court using this as one of our legal arguments? as most of us are in reciept of some form of benefit?

I have already written one stay appeal for one of our members Tempty V Natwest post #298 also using the arguements found in the Tax Credit Act 2002 Part 2 Section 45 Inalienability which states

45 Inalienability
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.

I recommend that this arguement is used as well as the Social Security Administration Act 1992
187.—(1)

Hope this info is of use to everyone

agnes_2

CAN ANY ONE HELP.

I have signed the petition, and recieved the automated email asking me to click on the link to confirm. but it is not working? comes up with .the webpage cannot be found.??

TANZARELLI

Agnes wrote: »

CAN ANY ONE HELP.

I have signed the petition, and recieved the automated email asking me to click on the link to confirm. but it is not working? comes up with .the webpage cannot be found.??

Try signing it again, do you have an alternative email addy this may help.

locutus_2

Agnes 1st go to http://petitions.pm.gov.uk/BankCharter/?showall=1 Then press F3 to bring up a text search box.
Put in your name in the search box and if it comes up you've signed, if not try clicking the link in your inbox again.

BTW the link I posted will show all signatures (around 39,000) so will probably take a while!

May I just ask are you using AOL as it sometimes does not let you click links from your e-mail. If that is the case, copy the link in your inbox by highlighting it by holding left click on your mouse and dragging the highlight over it. press CTRL + C then go to your internet browser address bar, delete all the text in there and press CTRL + V. That will then confirm you and your signature will be added
:T