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Unauthorised overdraft bank charges - court case
15 Answers
Hi there,
I have been trying to no avail to find information whereby I can track the progress of the court case involving several of Britains top banks relating to their absurb overcharging of customers. I applied within my legal right to be refunded the money taken from me over a period of 3 years (850 quid from '94-'97) and was furious that the bank not only awcknowledged that they stole nearly a grand of hard earned cash from me but also to be told this claim was being put on 'hold' while the legality of the charges was disputed. Imagine me walking into Barclays and taking a handful of 50's but not having to give them back until the bank proved they were theirs even when I agreed they were... the fact this case could take many years is the icing on the cake. When can we expect to see this case resolved and justice be done for millions of British bankers? Is there a legal obligation for the details of the case progress to be made public? Will we EVER see our money again?!?!
Cheers guys, HeD
I have been trying to no avail to find information whereby I can track the progress of the court case involving several of Britains top banks relating to their absurb overcharging of customers. I applied within my legal right to be refunded the money taken from me over a period of 3 years (850 quid from '94-'97) and was furious that the bank not only awcknowledged that they stole nearly a grand of hard earned cash from me but also to be told this claim was being put on 'hold' while the legality of the charges was disputed. Imagine me walking into Barclays and taking a handful of 50's but not having to give them back until the bank proved they were theirs even when I agreed they were... the fact this case could take many years is the icing on the cake. When can we expect to see this case resolved and justice be done for millions of British bankers? Is there a legal obligation for the details of the case progress to be made public? Will we EVER see our money again?!?!
Cheers guys, HeD
Answers
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You are not able to claim as it is too late in your case.
You were obviously spending money that wasn't yours and the bank were charging you in accordance with the terms and conditions that YOU agreed to.
The case is to be heard early next year and will be very well publicised. There is no question that the banks were entitled to make these charges - the point of law to be discussed is the amount of the charge.
Perhaps it is time to follow the laws in the USA and many other countries, where it is a criminal offence to go overdrawn and /or issue cheques without having sufficient funds in the bank account.
You were obviously spending money that wasn't yours and the bank were charging you in accordance with the terms and conditions that YOU agreed to.
The case is to be heard early next year and will be very well publicised. There is no question that the banks were entitled to make these charges - the point of law to be discussed is the amount of the charge.
Perhaps it is time to follow the laws in the USA and many other countries, where it is a criminal offence to go overdrawn and /or issue cheques without having sufficient funds in the bank account.
if you believe that your bank 'stole the money' then how come it took you 10 years to take it to court and why did you allow them to continue 'stealing' for 3 years.
I can only assume that you agreed to the costs at the time and are now trying to claim back anything that may have been seen as an unfair overcharge. In which case, dont get so wound up about it and wait. After all, youd said goodbye to that money 10 years ago.
I can only assume that you agreed to the costs at the time and are now trying to claim back anything that may have been seen as an unfair overcharge. In which case, dont get so wound up about it and wait. After all, youd said goodbye to that money 10 years ago.
No need to get rattled just because you got truthful and correct answers, rather than what you wanted to hear.
You know very well that the bank would have given you a copy of the terms and conditions when you opened the account and regular updates,which showed the charges they levy for incorrect use of your account. It is up to you to read them and find another account if you didn't agree with it.
As already stated the court case is because of the amount of the charges.
But in any case, you are out of time and will not be able to claim.
You know very well that the bank would have given you a copy of the terms and conditions when you opened the account and regular updates,which showed the charges they levy for incorrect use of your account. It is up to you to read them and find another account if you didn't agree with it.
As already stated the court case is because of the amount of the charges.
But in any case, you are out of time and will not be able to claim.
If you go to Moneysavingexpert.com (which is an excellent financial website), you will find various articles and threads on the issue of bank charges. There is also a facility on the site to sign up and receive a free weekly e-mail update of financial matters which I am sure will, in due course, give an update on the outcome of the Court case in question.
However, on the issue of bank charges generally, the only way to avoid them is to keep your account in credit, and to ensure that funds are always available to meet any cheques or debit card withdrawals.
However, on the issue of bank charges generally, the only way to avoid them is to keep your account in credit, and to ensure that funds are always available to meet any cheques or debit card withdrawals.
THE WHOLE POINT OF THIS GOING TO COURTS IS BECAUSE THE CHARGES ARE ***ILLEGAL**
Actually, the whole point is to see if the charges are illegal by being disproportionally high. There is nothing wrong with charging you for their administration charges - the question is is �35.00 is too much.
But still, on the basis that you can't understand a contract (
banks give you these when you start a bank account and it will state the charges), I doubt that you will be able to understand any of the advice on here.
I suggest that you do go to somewhere like moneysavingexpert where there are like minded people who can't see what is wrong with breaking contracts (unless of course it is broken in their favour).
Actually, the whole point is to see if the charges are illegal by being disproportionally high. There is nothing wrong with charging you for their administration charges - the question is is �35.00 is too much.
But still, on the basis that you can't understand a contract (
banks give you these when you start a bank account and it will state the charges), I doubt that you will be able to understand any of the advice on here.
I suggest that you do go to somewhere like moneysavingexpert where there are like minded people who can't see what is wrong with breaking contracts (unless of course it is broken in their favour).
i think someone has money issues if it takes that long to moan about it!!!!! its 10 years ago and i think its funny that they took that much, OMG u must hjave been overdrawan and up to no good for them to takr that much from u!!!! i hope they keep it all to teach cretins a lesson!!!!
i`ve been charged twice in my life and realised my errors!! dont spend wot u aint got is my motto and now i`m living in my means, no credit cards, no loans, just cheap and cheerful fr me, even my cats eat cheap and dont get luxuries....
calm down and seek anger management classes kinetic b4 u explode!
i`ve been charged twice in my life and realised my errors!! dont spend wot u aint got is my motto and now i`m living in my means, no credit cards, no loans, just cheap and cheerful fr me, even my cats eat cheap and dont get luxuries....
calm down and seek anger management classes kinetic b4 u explode!
Kinetic-
*You're out of time
*You can't claim
*You've jumped on the bandwagon
*Are these charges less fair now than when they were imposed?
*Why didn't you challenge them at the time?
*Will you be seeking the whole amount or will you return to the bank the amount that you see as "fair"?
*Do you think you can go overdrawn/draw cheques with no funds, etc any time you like with no redress to youself?
*Do you think that people who conduct their bank account properly should subsidise people who can't be bothered?
Take a look in the mirror.
*You're out of time
*You can't claim
*You've jumped on the bandwagon
*Are these charges less fair now than when they were imposed?
*Why didn't you challenge them at the time?
*Will you be seeking the whole amount or will you return to the bank the amount that you see as "fair"?
*Do you think you can go overdrawn/draw cheques with no funds, etc any time you like with no redress to youself?
*Do you think that people who conduct their bank account properly should subsidise people who can't be bothered?
Take a look in the mirror.
I'm surprised how many self righteous people have subscribed to this session.
Of course if the banks have taken money from individuals when they have no proven right in law to do so then we should get them back, I have approahced several banks over the last year or so and have recovered in excess of �600 in charges -not one of them put up any fight for fear of being exposed in court and opening up a can of worms. What is ultaimately in dispute ifs what the charge really covers - it is legal to charge an admin related fee proportionate to costsl but not to charge a 'fee' which effectively subsidizes bad losses elsewhere in the bank. Of course it could be argued that I shouldn't have gone overdrawn but in many cases i believe the bank welcomed it as an opportuinty to levy antoher fee. Well they have got their come uppance and I for one welcome it. Make sure you go for the principle sum plus interest at 8%.
Of course if the banks have taken money from individuals when they have no proven right in law to do so then we should get them back, I have approahced several banks over the last year or so and have recovered in excess of �600 in charges -not one of them put up any fight for fear of being exposed in court and opening up a can of worms. What is ultaimately in dispute ifs what the charge really covers - it is legal to charge an admin related fee proportionate to costsl but not to charge a 'fee' which effectively subsidizes bad losses elsewhere in the bank. Of course it could be argued that I shouldn't have gone overdrawn but in many cases i believe the bank welcomed it as an opportuinty to levy antoher fee. Well they have got their come uppance and I for one welcome it. Make sure you go for the principle sum plus interest at 8%.
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