This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

There is a good case to be made that you are having your account terminated as you are enfocing your legal rights and the bank are breeching the contract be not allowing to keep an account when you refuse to pay there unlawful charges. The best way forward would be a complaint to the banking ombudsman who can award compensation. I'd be happy to help with this.

My appologies. I try hard but but have dyslexia and now and again it rushes to the surface to ruin my grammer! It because I've jsut got up, it gets better by lunch time but tends to drift off at night again when I get tired.

I have heard of banks asking people to sign documents saying that they will not pursue an future claim, but this is useless! You can not get someone to waive there legal rights,espcially if the waiver is less favourable. Full and final settlement means that the offer being made is the full amount to be paid in final settlement of all part of the claim and that once it is accepted the claim will be over. The full and final settlement should be qualified. Always send a letter of acceptance back stating that 'I accept the banks offer to pay £XXXX.XX in full and final settlement of all any claims arising within the claim that is claima number XXXXXXX in the XXXXXXX county court against XXXXXXXX bank.' That completely preserves your right to pursue any future claims. Unfortunatly yes, you potentially have to follow the process each time. As for adding conditions to the acceptance letter I'm doing an article for the news letter of how to avoid being 'done over again' by the bank when accepting settlement, so you can read that later! As for your small claim argument I agree with you, but it won't happen for a while. Firstly, the small claim court or indeed the civil proceedures as a whole are design to be the last resort. If you make a claim of against X banks and before trail X banks offer to settle all of your claimand you refuse electing to go to trial and get judgment, upon you winning X bank will produce a copy of there offer and the judge will strike out the judgment as you 'acted unreasonable in litigation' and may well award costs AGAINST you. What is really needed a a declaration from the high court. Now, recently, I had a case on behalf of someone for £1500. I could have issued proceedings in the high court with a claim for a delcaration. Immediatly the bank would have settled the money claim and then they would have instructed a barrister to pursue the declaration. The barrister would have immediately applied to the court for an indication of costs which means, if we loose and have to pay there costs we 'back this up' by paying money into court. They would have asked of got an application for anything up to £60-70,000. So we can't pay £70,000 so the bank applies to the court to have the claim struck out and win. The case would drag on for over a year at least costing tens of thousand and there would be NO certainty we would win. The bottom line is banks settle because they won't take the risk they will lose!

At the end of May the Bank have to report back to the OFT with regards to the OFT guidance that such penalty charges are excessive.

Thats not entirely accurate. Usually in criminal cases it is a case that the accusing party (the crown) must prove the case against the accused. However, in civil cases, there is a principle that 'he who accuses must prove'. In the case of bank charges you have to prove 1) the charges are penalties as appose to a genuine pre-estimate of loss, 2) they are unawful in some way but statute, regulation or case law and 3) by proving 1 and 2 you have suffered loss so have a right to be compensated. If you simply went to a Judge and said 'the charges are unlawful' he wouldn't ask the bank to prove they weren't, he'd expect you to prove they were.

Hmmmm....I think thats what I said???