ChatterBank27 mins ago
are bank charges legal
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are bak charges legal
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no see this site for details
http://www.consumeractiongroup.co.uk/forum/
it tells you al you need to know
today i issued a county claim against the Halifax for bank charges over the last 6 years a few thousand! then it will be natwest, and then the credit cards!!!!
http://www.consumeractiongroup.co.uk/forum/
it tells you al you need to know
today i issued a county claim against the Halifax for bank charges over the last 6 years a few thousand! then it will be natwest, and then the credit cards!!!!
Penalty charges are illegal. Banks can only impose charges which are in proportion to their costs. Many (me included) believe there's no way a �30ish charge, when someone exceeds their overdraft limit or bounces a cheque, is proportionate.
If it isn't proportionate then it's illegal, and thus you've a right to your money back. Bank charges are not legally enforceable. Penalty clauses in contracts in English (and Scottish) law for breach of contract aren�t legal if the penalty exceeds the actual cost of the breach of either party.
Under the 1977 Unfair Terms (contracts) Act, the sheer fact that ALL banks make these charges makes this a breach of the act
This is also a breach of the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts - the OFT is already investigating the charges levied by Credit Card Companies) and possibly the Sale of Goods Act, and many others.
Go and get your money back
If it isn't proportionate then it's illegal, and thus you've a right to your money back. Bank charges are not legally enforceable. Penalty clauses in contracts in English (and Scottish) law for breach of contract aren�t legal if the penalty exceeds the actual cost of the breach of either party.
Under the 1977 Unfair Terms (contracts) Act, the sheer fact that ALL banks make these charges makes this a breach of the act
This is also a breach of the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts - the OFT is already investigating the charges levied by Credit Card Companies) and possibly the Sale of Goods Act, and many others.
Go and get your money back
I am sick to the back teeth of people putting the blame onto the financial institutions.
You signed to the terms and conditions of the account when it was opened which would have explained details of any charges payable should you breach them.
They are NOT arbitrary figures that are plucked from thin air, it is a true reflection of the costs to bank staff who have to service customer's accounts when the customer can not manage their own money themselves.
Natuarally, banks will consider any requests for refunds on an individual basis. However, if customers start to threaten the bank with legal action, my heels (personally) are dug even deeper.
This is no rant against you jackielover, it is against the less educated answers posted after your original question.
STAH
Senior Manager of one of the big 5 banks.
You signed to the terms and conditions of the account when it was opened which would have explained details of any charges payable should you breach them.
They are NOT arbitrary figures that are plucked from thin air, it is a true reflection of the costs to bank staff who have to service customer's accounts when the customer can not manage their own money themselves.
Natuarally, banks will consider any requests for refunds on an individual basis. However, if customers start to threaten the bank with legal action, my heels (personally) are dug even deeper.
This is no rant against you jackielover, it is against the less educated answers posted after your original question.
STAH
Senior Manager of one of the big 5 banks.
STAH
Thank you for your response to my question and I do understand your "everyone jumping on the bandwagon" type of response but the fact is that in 12months I have lost my sister, my husband, both my children have been in hospital and 4 months ago I broke my arim in 3 places. All this has contributed to my earnings falling rapidly but my outgoings are the same and if therefore there is some way to boost my income then I am going to take it over my bank charges being refunded. I hope that you dont think I am a money grabber because I amfar from that and if you can give me any "inside" tips I would be grateful for your help.
Jackie
Thank you for your response to my question and I do understand your "everyone jumping on the bandwagon" type of response but the fact is that in 12months I have lost my sister, my husband, both my children have been in hospital and 4 months ago I broke my arim in 3 places. All this has contributed to my earnings falling rapidly but my outgoings are the same and if therefore there is some way to boost my income then I am going to take it over my bank charges being refunded. I hope that you dont think I am a money grabber because I amfar from that and if you can give me any "inside" tips I would be grateful for your help.
Jackie
Jackie,
Thanks for your response. Indeed, it does seem that you have had an awful year, and I am sorry to hear of your losses and unadulterated bad luck. This is one of the very few cases that merits individual investigation.
Firstly, I would go to your branch and ask for a one to one interview with a manager or senior clerk. This has a couple of benefits that spring to my immediate attention. Primarily, you will have their undivided attention. Secondly, you will be in a separate interview room (hoepfully) where you will be able to have some privacy.
The bank ought to handle your claim sensitively and sympathetically. Do you have any other creditors aside from your bank (credit cards, loans, HP agreements etc)? They may be able to temporarily suspend your payments which would mean that there would be less strain on your bank account whilst you get back onto your feet. If you do this BEFORE the interview, the bank will realise that you are taking this matter seriously and will invariably look upon your request more positively. I would urge you to be honest, open and let the bank know of your full situation. The more information us bankers have to hand, the more we are able to assist the customers. Help us to help you.
If you are able to place a forward plan to them which helps you and the bank alike, then they would be fools not to take you seriously. At the end of the day, they want any money owed to them paid back; and if that means giving a little leeway then so be it.
Communication is paramount. If you need assistance on contacting your creditors and suggesting a reduced repayment plan, then your local Citizen's Advice Bureau will be pleased to assist.
http://www.citizensadvice.org.uk/
Good luck, and I am sure that with some perseverance a positive ending will be in sight.
Thanks for your response. Indeed, it does seem that you have had an awful year, and I am sorry to hear of your losses and unadulterated bad luck. This is one of the very few cases that merits individual investigation.
Firstly, I would go to your branch and ask for a one to one interview with a manager or senior clerk. This has a couple of benefits that spring to my immediate attention. Primarily, you will have their undivided attention. Secondly, you will be in a separate interview room (hoepfully) where you will be able to have some privacy.
The bank ought to handle your claim sensitively and sympathetically. Do you have any other creditors aside from your bank (credit cards, loans, HP agreements etc)? They may be able to temporarily suspend your payments which would mean that there would be less strain on your bank account whilst you get back onto your feet. If you do this BEFORE the interview, the bank will realise that you are taking this matter seriously and will invariably look upon your request more positively. I would urge you to be honest, open and let the bank know of your full situation. The more information us bankers have to hand, the more we are able to assist the customers. Help us to help you.
If you are able to place a forward plan to them which helps you and the bank alike, then they would be fools not to take you seriously. At the end of the day, they want any money owed to them paid back; and if that means giving a little leeway then so be it.
Communication is paramount. If you need assistance on contacting your creditors and suggesting a reduced repayment plan, then your local Citizen's Advice Bureau will be pleased to assist.
http://www.citizensadvice.org.uk/
Good luck, and I am sure that with some perseverance a positive ending will be in sight.
It would be interesting to know of what web site that meltoadhall got her information from. (Or what newspaper or other resource of information). Sounds as though her answers have been regurgitated. (Regugiated means to repeat something - especially when it is not fully understood).
The 'not fully understood' carries the most emphasis here.
The 'not fully understood' carries the most emphasis here.
stah - if you read my previous posts then you will see the websites that i got my information from.
this information has been well published over the web and other media.
yes i freely admit that i cut and pasted from the site, purely because it was quicker. i resent the "not understood" dig. How dare you judge me! I am quite capable of understanding long words - what part did you not understand?
my bank were unable to give a breakdown of how it managed to charge �39 to send an email to me. Indeed, they refused to even discuss the matter.
Still, for every person who will not take on the banks there is another person who does and successfully reclaims their money.
you have a vested interest therefore you will not say anything against the banking system.
http://www.moneysavingexpert.com/cgi-bin/viewn ews.cgi?newsid1141050760,24632,
this should give you any further information
this information has been well published over the web and other media.
yes i freely admit that i cut and pasted from the site, purely because it was quicker. i resent the "not understood" dig. How dare you judge me! I am quite capable of understanding long words - what part did you not understand?
my bank were unable to give a breakdown of how it managed to charge �39 to send an email to me. Indeed, they refused to even discuss the matter.
Still, for every person who will not take on the banks there is another person who does and successfully reclaims their money.
you have a vested interest therefore you will not say anything against the banking system.
http://www.moneysavingexpert.com/cgi-bin/viewn ews.cgi?newsid1141050760,24632,
this should give you any further information
STAH and others that have given me advice.
I took your advice and met with my bank. They have listened to me and seemed sympathetic, I have a meeting on Tuesday at which time they will agree to refund my charges or not.
With regard to my credit cards, Capital One reduced my charges to �12 per "go" and refunded me �84.00 without me even asking and Citi Card are refunding me �285 so it is indeed good to talk.
A is the Abbey!
Take care all
Jackie
I took your advice and met with my bank. They have listened to me and seemed sympathetic, I have a meeting on Tuesday at which time they will agree to refund my charges or not.
With regard to my credit cards, Capital One reduced my charges to �12 per "go" and refunded me �84.00 without me even asking and Citi Card are refunding me �285 so it is indeed good to talk.
A is the Abbey!
Take care all
Jackie
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