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Non Diving Posts: Discuss I have trounced the bank! in the Non-Diving Related Forums forums: Just had to share this - I took the bank to court over the bank charges and my case was ...

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  #11 (permalink)  
Old 26-07-07, 04:47 PM
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Quote:
Originally Posted by Frog
Just had to share this - I took the bank to court over the bank charges and my case was heard at 12:00hrs today. They didn't turn up, depsite lodging a 1½ page defence, the sheriff was not pleased and she announed a decree and expenses to me! One happy happy Frog, and I go on holiday tomorrow. Champagne tonight, I have stuffed the bank, la la la la la.
Just be careful they don't come back and get the decision reversed. They only need to get a couple of big cases reversed and theyll be back.
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  #12 (permalink)  
Old 26-07-07, 04:53 PM
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Quote:
Originally Posted by Scuttler
The initial claims are usually low. You can claim back as far as 6 years. My claim was initially for about £400 (less than £80 a year) but because Abbey didn't pay and I went to court they got hit by 8% statutory interest dating back to when the charge was incurred plus my court costs.
Even £80 seems high to me, I can't recall any charges last year! What sorts of things are they charging you for, if you don't mind mea asking?

Cheers/Nic
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  #13 (permalink)  
Old 26-07-07, 04:54 PM
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Talking Charges

Well, as previously explained the amounts go back 6 years. Then there is 8% interest added on. Then loss of earnings (if applicable) and travel expenses (if applicable) - both are applicable in my case.

Gary C - it didn't occur to me about having the decision reversed - hope it doesn't happen.

Hmmmm, champagne is chilling nicely at home, and I need some Jaffa cakes to go with it. They really are a cake - McVities baked a HUGE one to take into court to prove it was a cake and not a biscuit.
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  #14 (permalink)  
Old 26-07-07, 04:58 PM
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Quote:
Originally Posted by wilbo
Frog,

You do realise that your bank is perfectly within their rights to close all of your accounts and demand any monies oweing from you.

I guess you knew that though (and probably moved bank already) - otherwise you wouldn't have done it.


there has been a couple of cases were this occurred but subsequently the ombudsman hammered the banks concerned and forced them to reinstate the accounts and stop being so petty and vindictive.
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Old 26-07-07, 05:15 PM
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Quote:
Originally Posted by tootricky
Even £80 seems high to me, I can't recall any charges last year! What sorts of things are they charging you for, if you don't mind mea asking?

Cheers/Nic
Easy, I'll give you my example.

A while ago I was moving jobs (commission only is a bitch! especially when the bastards don't pay you what they owe you) and one month I ran out of cash and overdraft limit about 10 days before my new payday, but the majority of my direct debits were still due. I asked Abbey for a temporary extension to my overdraft and they refused

Abbey then bounced all the direct debits one by one, for the pleasure of doing this, they charged £35 PER DIRECT DEBIT or cheque, my mechanic knew it was a mistake when my cheque was refused, so he asked it to be re-presented, when it bounced again, he did it again. That cheque which was for £80 cost me £105 in bank charges on top of all the other direct debits and cheques that month which made it upto £315 + £12 for going over the overdraft limit + interest.

They took all the charges about 6 weeks later and put me overdrawn again, I had actually asked them to delay the collection of the fees for 1 week to allow for a rather large payment to land in my account and to prevent this happening and they refused. I then had about 7 small direct debits bounce again, which cost me another £245 + £12 for going over my overdraft limit + interest.

So I paid £550 in bounced payment fees alone, for what would have been 10 days overdrawn by an extra £250. To add insult to injury, some of these bounced payments were for small credit and store cards and they charged me similar fees too. One was a £10 direct debit payment to a credit card company and I paid Abbey £35 AND the card firm another £35 in fees for a tenner

I think all in all, that 2 month period cost me approaching £800 in fees and seriously I only needed £250 in my account (or on my overdraft) to prevent it, I think the biggest payment I had that month was £40 or so to $ky TV. Now I don't mind paying fees when I go over my overdraft and £12 is not too unreasonable + interest, but £35 for each poxy automatically computer generated letter, they can foxtrot oscar.

I must sort my claim out, in fact I'm going home now to get my statements out

They can close my account if they like, I moved the lot, the minute I had money back in my account

Arfie
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Old 26-07-07, 05:51 PM
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Quote:
Originally Posted by tootricky
Even £80 seems high to me, I can't recall any charges last year! What sorts of things are they charging you for, if you don't mind mea asking?

Cheers/Nic
They will charge you for going over your overdraft, for bouncing a cheque or direct debit AND for paying a direct debit or cheque when you are over your overdraft.

The charges vary from £20 to £40 depending on the bank.

One could argue that you shouldn't go over an agreed overdraft (or go overdrawn if you don't have an overdraft) but the law states that any breach of contract penalty cannot exceed the cost to the offended party. That is the fundamental basis for the claims.
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  #17 (permalink)  
Old 26-07-07, 06:20 PM
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This may sort things out a little either way.
BBC NEWS | Business | Banks agree to charges test case
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Old 26-07-07, 07:22 PM
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Well done!!!

I done it a few months back, I got £2018 from £2425 requested.

I spent the money on dive gear for both the missus and I. It was her
birthday and she was proper happy
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  #19 (permalink)  
Old 26-07-07, 08:02 PM
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Quote:
Originally Posted by Arfie
Easy, I'll give you my example.

A while ago I was moving jobs (commission only is a bitch! especially when the bastards don't pay you what they owe you) and one month I ran out of cash and overdraft limit about 10 days before my new payday, but the majority of my direct debits were still due. I asked Abbey for a temporary extension to my overdraft and they refused

Abbey then bounced all the direct debits one by one, for the pleasure of doing this, they charged £35 PER DIRECT DEBIT or cheque, my mechanic knew it was a mistake when my cheque was refused, so he asked it to be re-presented, when it bounced again, he did it again. That cheque which was for £80 cost me £105 in bank charges on top of all the other direct debits and cheques that month which made it upto £315 + £12 for going over the overdraft limit + interest.

They took all the charges about 6 weeks later and put me overdrawn again, I had actually asked them to delay the collection of the fees for 1 week to allow for a rather large payment to land in my account and to prevent this happening and they refused. I then had about 7 small direct debits bounce again, which cost me another £245 + £12 for going over my overdraft limit + interest.

So I paid £550 in bounced payment fees alone, for what would have been 10 days overdrawn by an extra £250. To add insult to injury, some of these bounced payments were for small credit and store cards and they charged me similar fees too. One was a £10 direct debit payment to a credit card company and I paid Abbey £35 AND the card firm another £35 in fees for a tenner

I think all in all, that 2 month period cost me approaching £800 in fees and seriously I only needed £250 in my account (or on my overdraft) to prevent it, I think the biggest payment I had that month was £40 or so to $ky TV. Now I don't mind paying fees when I go over my overdraft and £12 is not too unreasonable + interest, but £35 for each poxy automatically computer generated letter, they can foxtrot oscar.

I must sort my claim out, in fact I'm going home now to get my statements out

They can close my account if they like, I moved the lot, the minute I had money back in my account

Arfie
Quote:
Originally Posted by Scuttler
They will charge you for going over your overdraft, for bouncing a cheque or direct debit AND for paying a direct debit or cheque when you are over your overdraft.

The charges vary from £20 to £40 depending on the bank.

One could argue that you shouldn't go over an agreed overdraft (or go overdrawn if you don't have an overdraft) but the law states that any breach of contract penalty cannot exceed the cost to the offended party. That is the fundamental basis for the claims.
Thanks for the info. I guess I have been very lucky with respect to money and getting paid.

Cheers/Nic
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Quote:
Originally Posted by Digger
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  #20 (permalink)  
Old 26-07-07, 08:54 PM
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Not so simple....

As a couple of posts say, the bank is entirely within it's rights now to close your account and demand, and recieve, immediate payment of all debts, and refuse you future services.

Now that may sound alright, stuff em you say, wouldnt bank with them now anyway you say....

But then you go to open a new account at another bank, or try to get a mortgage, or try to get a loan for a new car, or try to open a mobile phone contract, and there'll be a very big question on the form... "Have you ever been refused banking services?".....

Sorry, but its just not as simple as it sounds guys....


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