Not informed of changes to banks T&Cs

malefic

Apologies if this is not the best place to put this but I couldn't find the right spot in the CA forum for it!

The bank I am using changed its T&C for bank accounts that I have with them. The notification of the T&C was supposedly sent out in a bulk mail shot to customers.

The letter never found its way to me but as my account is 'online' I don't get a lot from them anyway. They can find my address fine and send letters about taking out more loans and getting 'great deals' on credit cards (which are instantly made into firelighters) and for the first time this week they have started sending messages via email.

In this case they sent a message saying my 'charges' would be taken out this month, charges I was not aware of due to the letter they sent not being received.

As my accounts are all online I don't tend to routinely go through statements every month meaning I don't log in a lot. I know I should but I have a spreadsheet that has my ins and outs listed to the penny so I know what I should have at any one time. If that ties up to what the ATM says I tend to be okay about it. If its out by a couple of quid I take that as me treating the kids here and there. Yes, I am now checking like a hawk.

My question, after a rather lengthy run in, is: are banks allowed to change T&C to a product and then send you a message via a medium I have said in my online banking preferences I don't want and then just presume that you have read and agreed to them?

My preferred contact method from them is email, the first of I received a couple of days ago saying they are taking money from me so I know it works!

Over two days of arguing with the bank in question, the fees that I have told them they have stolen from me have been refunded as a 'goodwill gesture', along with a £25 compensation fee and a £10 to compensate me for my telephone charges (the £25 and £10 were not requested but they offered them - doubling the actual money they have taken!).

It just doesn't sit right with me that they cannot guarantee that I receive any changes via mail, although they did try telling me to reclaim the money from Royal Mail for not delivering the letter, and just take it as no contact from me means I am happy.

After 25 years of putting up with this bank I am now looking to move my accounts elsewhere so be prepared for questions about how easy is that to do with DD & SO!

Thanks and apologies for the length of this post!

pmduk

I'm certain that their posting details of the changes to you and notifying you online would be considered adequate notification legally. It's your choice not to log in and read your statement.

malefic

The only notification they have given is a letter via Royal Mail, nothing online - thats what I am getting at. They haven't used my preferred method of communications, email and as its not been delivered but they take it as I have read it.

masonic

malefic wrote: »

My question, after a rather lengthy run in, is: are banks allowed to change T&C to a product and then send you a message via a medium I have said in my online banking preferences I don't want and then just presume that you have read and agreed to them?

My preferred contact method from them is email, the first of I received a couple of days ago saying they are taking money from me so I know it works!

<snip>

It just doesn't sit right with me that they cannot guarantee that I receive any changes via mail, although they did try telling me to reclaim the money from Royal Mail for not delivering the letter, and just take it as no contact from me means I am happy.

The original T&Cs you agreed to when you opened the account will specify what the bank needs to do in order to make changes to the T&Cs and whether or not changes to the terms require your affirmative consent or if the bank may assume you accept the new terms if you don't notify them otherwise.

So, what do your original T&Cs say about changes to the agreement?

On the matter of how a bank may notify you of changes, as pmduk says, sending you a letter to your registered address constitutes personal notification and the bank is legally permitted to assume such a postal notification will be received by you. Setting your contact preferences to paperless does not stop all paper correspondence - some notifications are legally required to be sent by post.

In answer to your other question, it is very easy to switch bank accounts, so you should go ahead and do so if you want to stop paying the monthly charge. Perhaps the bank will agree to waive your first set of charges if you explain your situation politely and switch to another account with them.

YorkshireBoy

malefic wrote: »

The only notification they have given is a letter via Royal Mail, nothing online - thats what I am getting at. They haven't used my preferred method of communications, email and as its not been delivered but they take it as I have read it.

There may be some notifications that they MUST send by snail mail (eg for regulatory and legal reasons), which will override your communication preferences.

I believe letters are "deemed to be served" 2 working days after posting, so as long as they can prove they sent them they've done nothing wrong.

Just out of interest, what's the bank and specific account type/name? And what were the charges for?

System

The old T&Cs will say how you and the bank can notify each other about the account

pmduk

OP, given that many people freely admit on here that they never open bank letters surely it follows that posting should be sufficient. You will often find that placing adverts in the press can be construed as fair notice.

PeacefulWaters

They've refunded your charges to get rid of your invalid complaint.

Be grateful.

By law, banks have to give two months' written notice of any detrimental change to your terms and conditions. They will be able to prove they dispatched the notice to your registered address.

As such, any complaint to FOS will fail.

Anthorn

Maybe I'm having one of my brainless days but I don't understand the purpose and goal of the OP. You have received a full refund and compensation so what is there to complain about? Is it that you don't accept the new T&Cs and want to be treated differently just because you say you didn't receive the new T&Cs.


I'd say that if you read the T&Cs whether old or new you will discover that new T&Cs are compulsory: Basically if you don't like it close your account and go somewhere else.

ERICS_MUM

Changes to T@Cs should be kept with the original account opening paperwork as it defines the contract between account holder and bank.

le_loup

malefic wrote: »

Over two days of arguing with the bank in question, the fees that I have told them they have stolen from me have been refunded as a 'goodwill gesture', along with a £25 compensation fee and a £10 to compensate me for my telephone charges (the £25 and £10 were not requested but they offered them - doubling the actual money they have taken!).

Says it all really.
I suspect the "bank" will be pleased to get shot of you.