Returned cheque fees

vitorf15 · 27th July 2006, 00:14

During the course of the last year i had 3 rent cheques bounce, what i am wondering is if the land lord is on the right side of the law by charging me a 40 pound fee for each and every single cheque? To my knowledge i thought that under the Unfair terms act you could only claim your costs back!Can someone shed some light on the matter, it would be much appreciated.

demon_x_slash · 27th July 2006, 08:55

Depends on whether the loss of your money at a particular time caused him to be out of pocket - say, if your cheque goes in for a certain date to pay a certain bill for him a few days later, no money from you, bill doesn't get paid, his bank charges him for unpaid DD/overdraft...ask!

meagain · 27th July 2006, 19:36

The answer is probably no.

If they get hit with charges, tell the landlord that you appreciate his situation, but the amount the bank is charging them is criminally excessive, and it's really not your place to be compensating him for the bank's behaviour. If he disputes this, say "No, they really are unlawful" and point him our way.

vitorf15 · 3rd August 2006, 17:42

I have wrote to my ex landlord and told him the situation and suggested that i pay him 10pounds for each cheque bounced (a quite generous offer i think!) and asked him to prove his costs he he thinks my offer was insufficient. He has written back suggesting "that all charges are written in my contract and are lawful" and pretty much refuses to cooperate. What can i do?Do you think i should pull the big guns out and go for him with the unfair terms in consumer contracts act 1999?

blacksheep1979 · 3rd August 2006, 18:07

Go for it - landlords are quite often just out to see what extra they can get, treat it as a bit of sport and wind him up

Just follow same route as for banks

vitorf15 · 4th August 2006, 02:09

thanks im gonna try, if it applies to banks why not landlords!!??

meagain · 4th August 2006, 15:39

Quote:

Originally Posted by vitorf15

He has written back suggesting "that all charges are written in my contract and are lawful" and pretty much refuses to cooperate. What can i do?Do you think i should pull the big guns out and go for him with the unfair terms in consumer contracts act 1999?

You will need two highlighter pens. Print a copy of UTCCR (SI 1999:2083 - the more elaborate looking the citation, the more likely it is to have an impact), in one colour, highlight Regs 5(1) and 5(5), then Para 1(e) in Sch. 2. In the other, Regs 5(4) and 8(1). In the letter, point out that the first set make it clear that what he says isn't the case, and the second set say he has to prove the contract is reasonable before he can charge you. I find that it's handy when someone tells you what the law allwos them to do to actually wave the law in their face to prove them wrong

vitorf15 · 17th August 2006, 02:31

The landlord has recently contacted and stated that while i delay payment iam incurring a 10 pound a week late fee!!!????Cheeky sod!Does anyone reckon that is legal?

meagain · 17th August 2006, 17:06

Quote:

Originally Posted by vitorf15

The landlord has recently contacted and stated that while i delay payment iam incurring a 10 pound a week late fee!!!????Cheeky sod!Does anyone reckon that is legal?

Only your landlord. They can't take you to court for not paying it, due to UTCCR, and they can't evict you for it, since when it comes to a court hearing for posession, you turn up and say that because of UTCCR you technically aren't in arrears. IIRC landlords need to give a valid reason for eviction - I would imagine the court would not grant a posession order without one.

dollies01 · 17th August 2006, 17:15

I live in a council house, I get charged £15 for a returned cheque.
This doesn't happen often, but just occasionally, they seem to put speedy clearance on my cheques ie: I hand it in Friday, it attempts to clear the following Tuesday. (not a good day in terms of bank balances! lol )

They also issue notice to seek letters if you pay your current rent fortnight 45 minutes after the 12pm deadline.

I've often wondered if this is done, purely to catch you out just so they can charge more!

Really must do summat about this paranoia lol

meagain · 17th August 2006, 17:30

Quote:

Originally Posted by dollies01, with ugly font and colours removed

I live in a council house, I get charged £15 for a returned cheque.

Same applies. You're entitled to ask for it back, and the council isn't entitled to boot you out if they're forced to fork it over.

dollies01 · 17th August 2006, 17:53

"quote.........with ugly font and colours removed??"

wtf?

how chuffin anal is that?!!!

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