Times article: "Student wins claim over bank charges"

THE_ROCK84

dchurch24 wrote:

tinalives; I think you are absolutely right. Everyone should challenge these charges, it would make their worst abuses unworkable - they simply couldn't defend themselves against everyone.
Because of their charges - and they were indeed not created by any fault of my own and I notified my bank of this before the 'offences' took place, although that is irrelevent - my family and I had a terrible year. I had taken a lower paid job in an attempt to further my career, and I had the support of my family for this. My new employer underpaid me for 3 consecutive months (they no longer exist) and there was sometimes a gap of 6 weeks between paydays. At this time we were already living at the edge - we knew (hoped) it would be a temporary situation and that once my career moved on again we would be ok. To incur £1400 of charges over this time made living impossible. I couldn't afford to get to work and my daughter had to wear shoes that were too small for her feet and this ended up with her getting painful blisters.
Incidently, at this time I was also fined £520 by the DVLA for not informing them of a change of vehicle. This has since been withdrawn as the fine was wrongly imposed, but it goes to show that if you don't challenge things, they get away with them.
The last straw came when I had paid everything up and had obtained a new, better paying job, that I received a letter stating that I still had £120 of charges to pay.
I phoned to see about getting these dropped and the Abbey stuck their heels in.
I told them that one way or another I would be getting that money back, and that's when I started investigating the law.
I have now generated a lot of media interest in the outcome of this case and so I should imagine that there will be a lot more people getting a lot more angry about these unfair charges.

Also, I think that everyone should write to their MP regarding these charges and urge them to ask the OFT to investigate these unfair practices.

https://www.writetothem.com, will allow you to fax or email them through their service for free.

From here!! Im doubtful that ill ever be in your postion. Instead of wasting your time here! Why dont you go back to work? Do you have a job dont you?

pin

dchurch24 wrote:

Sorry, it's just too easy to get sucked in.

Three people have asked this not to turn into a personal slanging match BEFORE you and the Rock got into a personal slanging match. However I'm going to leave it at that.

I've been following this thread with interest, without really posting. My own personal view is that these bank "charges" are far too high. The banks are in effect getting away with near blackmail. The OFT has also agreed and has taken the matter to court. HOWEVER I still feel people need to look after their own finances, and not be spoon fed. These charges are listed in the banks terms and conditions. Whether they fall foul of UCTA is another matter (they may or may not, I don't think this has been tested in a court of law).

At present, as the law stands, these "charges" are legal, but this is being challanged.

dchurch24

Bu**er. I meant to press Quote, not Thanks.

Oh well. Maybe we can get back to discussing the original topic.

Incidentily, there has been a movement with the case that this thread started with and it is good news. Not sure if I should say what it is in a public forum as it is not my particular case, but I should keep my ears open for the next few months.

dchurch24

pin wrote:

Three people have asked this not to turn into a personal slanging match BEFORE you and the Rock got into a personal slanging match. However I'm going to leave it at that.

I was one of them.

FYI: The OFT have not agreed with the fact that the bank charges are too high. They have agreed that the charges credit card companies make for late-payments are a breach of the UTCA, and 2 of the card companies are contesting this, so far.

At present, as the law stands, these "charges" are legal, but this is being challanged.

It is not being challenged, as yet, no-one has successfully got a bank into court over these charges.

I say bank, because there are many other institutions that have been taken to court over punitive charges and all have lost - due in no small part to the Lord Dunedin ruling in 1915.
So, punitive charges are not enforcable in contract law. They are not legal.

pin

Yep, you are right. Seems I've got my wires crossed. Correct me if I'm wrong here, which I may be, but the OFT wrote to credit card providers back in Oct 2004 asking them about their charges and how they calculate the fees.

dchurch24

I believe that to be the case. Now though they (the OFT) believe these charges to be illegal and have brought cases against 8 credit card companies, whom it declined to name.
Which! has called for the OFT to investigate the charges banks levy under the same remit, and I have written to my MP supporting this motion, as I urge everyone else who is fed up with this sort of banking to do.

I have no qualms with banks making a profit and recovering legitimate costs, I do however object to profits being made through what I believe to be a deception (saying that their charges are for admin costs) at the expense of their most financialy troubled customers.

lestat1977uk

Been looking over this post for the last half hour now and have to say i completely agree that these charges are ridiculous. I myself had a real bad time last year when i crashed my motorbike and lost my job, my bills went out of control and was hit hard by bank charges, some of which i still owe and am paying, these posts lead me to question whether i should?

In addition to this my Capital One credit card also suffered and through non payment charges and late charges i must have been charged over £500 , i have now paid off this balance (due to a loan from a family member) but should i have? can i by law reclaim this?

I would appriciate any advice, but if nothing else i wanted to agree with this post and lets hope that these charges dissapear or at least become more reasonable in the future.

dchurch24

Write to both and explain that you feel that the charges a punitive in nature and that they would not be enforced in court. Then politely ask for them back. If worked with HFC bank for me.
Abbey sent 3 letters from 3 different people saying "no you can't"- you'd have thought they could spell by now ;-)
So I am taking them to court for recovery: see https://www.bankchargeshell.co.uk for advice/legalese.

digp

lestat1977uk wrote:

Been looking over this post for the last half hour now and have to say i completely agree that these charges are ridiculous. I myself had a real bad time last year when i crashed my motorbike and lost my job, my bills went out of control and was hit hard by bank charges, some of which i still owe and am paying, these posts lead me to question whether i should?

In addition to this my Capital One credit card also suffered and through non payment charges and late charges i must have been charged over £500 , i have now paid off this balance (due to a loan from a family member) but should i have? can i by law reclaim this?

I would appriciate any advice, but if nothing else i wanted to agree with this post and lets hope that these charges dissapear or at least become more reasonable in the future.

In my opinion, you can reclaim all of the charges! As to the charges you are paying, you should stop paying them, with a letter explaining why.

lestat1977uk

So you all reckon i have a chance of reclaiming these charges, i must admit although i don't agree with the charges i am hesitent to get into a battle with the bank and card company, i really can't afford a long court battle, is there much of a risk?