Bank charges

[emmakwall]

I sent a letter to my bank asking for my bank charges back, over a year ago.

In that time I also requested my old bank statements though I have not yet sent those off.

I didn't realise that after 14 days you had the right to write again and so did not do so. I have now however just received a letter from my bank (the first one so far) declining to pay back my charges. The letter states that since the court case dated 25th Nov 2009 they do not have to pay the charges back, but obviously they must have received my letter way before this date.

Is there anything I can do to move this forward or just a write off?

[squarebear]

Were you not aware of the cahrges before you opened the account? Why do you believe you can claim them back?

[chelle7272]

As far as I'm aware it doesn't matter now when you wrote, all claims were in abeyance whilst the banks went to court. the charges were found to be fair and the banks do not have to refund any chrarges from prior to the court case.

[emmakwall]

Yeah because £35 each time you're overdrawn by 5 pence or something is really fair isn't it. Cheers for the advice.


And if you weren't able to claim back bank charges why are the banks in court discussing it?

[Buenchico]

The court wisely ruled that the OFT can't produce a valid legal challenge to bank charges. So the banks are fully within their rights to refuse to repay them.

The UK is one of the few countries in Europe to offer free banking to personal customers. If the banks had been forced to reduce their charges we would all have had to pay for the privilege of having a bank account. (In most other Western European countries it costs around £25 per month simply to have a bank account, even if you never overdraw on the account).

If the courts haved ruled that the OFT can't challenge bank charges then the chances of you successfully doing so are effectively nil.

Chris

[squarebear]

They aren't in court. It was settled last November. The charges are fair and while they may seem steep, you agreed to them when you sign up for a new account.

[scotchollie]

The matter is still in debate - there may be a claim under the Unfair Terms in Consumner Contracts Act to come. In the meantime, if your bank failed to supply you with information, you can make life warm as they have failed to discharge their obligations under the Data Protection Act.

[squarebear]

Data Protection for what? Asking for her bank charges back?

[scotchollie]

All institutions that keep records are obliged to process and maintain data in a fair and timely manner. It is unlawful not to do so and, in some instances, can actually render a debt void. If a customer wishes to dispute or query charges and a bank fails to provide statements (a legal requirement) then arguably, they have hindered the customer and some, maybe all, of the charges can be disputed.

[scotchollie]

The law changed after March 2006, but before this, failure to provide data could be used as a means to have a debt renedered 'irrevocably irrecoverable.'

[squarebear]

"In that time I also requested my old bank statements though I have not yet sent those off. "

She got her bank statements. The bank has withheld NO data from her.

[scotchollie]

Thank you - misread the question - thought the bank had not send the statements off. Regrettably then, you are stuck with the situation unless the OFT succeed with the action under the Unfair Terms Act.

[emmakwall]

Thanks scotchollie your answers are very helpful.

squarebear you're just being unneccesarily mean.

[squarebear]

I'm sorry. I do not wish to appear that way but I genuinely can't understand why people thought they could claim these charges back. You signed an agreement. You can't now back out of it when it doesn't suit you.

[ummmm]

Lol....because squarebear said what you didn't want to hear?

You're gonna get ziltch....

[scotchollie]

Let us not forget that in as much as we do make mistakes and get in a pickle - banks and other institutions do so as well. In their case, we helped shore them up, but they're slow to learn from their mistakes!

[emmakwall]

"I'm sorry. I do not wish to appear that way but I genuinely can't understand why people thought they could claim these charges back. You signed an agreement. You can't now back out of it when it doesn't suit you."

the fact the bank get charged £4.50 yet they decide to charge us up to £35 a pop. and the reason why there getting away with it is because people dont question it and let them do it....

[ummmm]

It is your responsibility to stay in the black.

What about these loan company's that are charging 2,300 odd %??

[scotchollie]

2300% even..?

[chelle7272]

Emma get over it. You are informed of bank charges when you open the account. You can't spend money that you haven't got. If you don't want to pay £35 for borrowing £4.50 from the vank then get a friend to lend you a fiver next time!

[emmakwall]

think you missunderstand chelle7272, the banks have to pay a fee of about £4.50 so they charge me and you £35 for, which is why they were taken to cort and why i am trying to claim my money back. So if you have nothing constructive to say please do not bother...