Reclaim Your Bank Charges

Discuss, complain, praise banks and building societies
Rate this topic
Post Reply
User avatar
LadyAngel
Posts: 329
Joined: Sun Aug 14, 2005 11:21 am
Mood:
Has thanked: 4 times
Been thanked: 1 time
Gender:
Arcade super highscore: 10
Arcade highscore: 10
Contact:
Reclaim Your Bank Charges

Post by LadyAngel » Wed Apr 25, 2007 6:30 am

If you have been one of the countless poor people that have been stung for overpriced bank charges, you can claim up to 6 years of charges back, plus interest. Follow the advice here



User avatar
LadyAngel
Posts: 329
Joined: Sun Aug 14, 2005 11:21 am
Mood:
Has thanked: 4 times
Been thanked: 1 time
Gender:
Arcade super highscore: 10
Arcade highscore: 10
Contact:

Post by LadyAngel » Thu May 17, 2007 2:35 pm

Here's another good site with some excellent advice

User avatar
LadyAngel
Posts: 329
Joined: Sun Aug 14, 2005 11:21 am
Mood:
Has thanked: 4 times
Been thanked: 1 time
Gender:
Arcade super highscore: 10
Arcade highscore: 10
Contact:
More charges from Halifax

Post by LadyAngel » Fri Jan 18, 2008 12:58 pm

We have just received 3 more charges from the Halifax bank, all charged on the same day! They were for 3 overdrawn payments of just £5 for one, and two for £2.50. The charges are £35 for EACH ONE! That's over £100 for going just £10 overdrawn!

We found a sample letter to send to them, as follows:



Dear Sir/Madam

Penalty & unfair charges – request for refund for (our names here).
Sort code: **-**-** Bank account no: ********

Transactions:
****** - Amount £5.00 - Charge type: Failed Item - Charge Amount £35
****** - Amount £2.50 - Charge type: Failed item - Charge Amount £35
****** - Amount £2.50 - Charge type: Failed item - Charge Amount £35

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 – online here: http://www.oft.gov.uk/News/Press+releas ... /68-06.htm).

The OFT stated that a charge is not fair simply because it is below this sum, and I believe that a reasonable charge would be 50 pence for the reasons set out below. Please refund my charges as a matter of urgency.

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

Separately, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into a transaction(s) without sufficient funds in my account. However, payment was declined by you, and therefore, actual loss is the cost of automatically sending me a computer generated letter. I would respectfully submit that is valued at no more than 50 pence.

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 – online here: http://www.parliament.the-stationery-of ... /27405.htm).

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. No-one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

Please refund all charges applied to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

I would also like a comprehensive list of all default charges I have incurred in the past six years while in an unauthorised overdraft and for payments, standing orders and direct debits. Under the Data Protection Act 1998, I am entitled to this data and should receive a reply from you within 40 days. You should charge me no more than £10 for this information.

If you cannot provide this information, I will accept copies of my statements dating back six years as an alternative, but since I am not requesting this I still expect to be charged only the maximum £10 under the Data Protection Act.

Yours faithfully


We are going to send this off to them today and will let you all know the results of our complaint.

Also see this site about complaining about bank charges.

User avatar
Jamjar
Professional Shopper
Posts: 741
Joined: Thu Aug 11, 2005 8:17 pm
Location: Durham, Durham, United Kingdom
Has thanked: 1 time
Been thanked: 2 times
Gender:
Arcade super highscore: 20
Arcade highscore: 20

Post by Jamjar » Tue Jan 22, 2008 5:17 pm

....and the actual cost of this "admin charge" = 50p....the cost of the letter: print, paper, envelope and 2nd class postage! :gr:
:shifty: Want to learn how you can earn £50 just by clicking here? :yes:

User avatar
Jamjar
Professional Shopper
Posts: 741
Joined: Thu Aug 11, 2005 8:17 pm
Location: Durham, Durham, United Kingdom
Has thanked: 1 time
Been thanked: 2 times
Gender:
Arcade super highscore: 20
Arcade highscore: 20

Post by Jamjar » Wed Jan 30, 2008 1:56 pm

Oh and yet...... another £35 bank charge for a bounced cheque! :gr:

£140 in bank charges in the space of two weeks! :rolleyes:

All this because yet another gov. dept. has stopped our money....for three weeks!!!!

Well, I've just been informed from Income Support that we may be able to claim back these charges from them if we can prove that the cause of these bank charges were through them!

So we'll see how that goes!

We've just had to apply for another Social Fund loan to tie us over again! :rolleyes:

Looks like I won't be able to pay for the vBulletin® forum license this year...we may have to go with a "free" forum one instead! :frown: :weeping:
:shifty: Want to learn how you can earn £50 just by clicking here? :yes:

geespcs
Has thanked: 0
Been thanked: 0

Post by geespcs » Thu Jan 31, 2008 6:09 pm

dont get me started on bank charges, i cancelled a direct debit but it went thru £9.99 and then another the same went thru £9.99 same company 2 direct debits same amount same people bank have charged me £76 i told em it had been cancelled and some mistake 2 identicle amounts for same people mmmm something wrong here, i got a letter today saying it was a fair charge, and to wait till the court thingy goes thru keep all documentation, yeah right dont think so, so i name and shame NAT WEST, been with em for donkeys years regular money every week going in time to move on i think :gr:

geespcs
Has thanked: 0
Been thanked: 0

Post by geespcs » Thu Jan 31, 2008 6:16 pm

QUOTE
All this because yet another gov. dept. has stopped our money....for three weeks!!!!
UNQUOTE

We're on working tax credits no income coming in at mom as pc business is dying cant afford to go back onto jobseekers as it'll be six weeks without no money, the worlds gone mad :angry:

Rate this topic

Post Reply