Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Maverick_Bowen Novitiate

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    Angry Nationwide: Money removed from savings account for charge incurred in current account

    Hi all,
    I have been a busy body in my home town this last year and I'm sitting very smug to finally see that the banks are on the back foot.
    After I was succesful in claiming back charges with the Nationwideicon I informed everyone I knew that should they have a problem just to give me a ring.

    The other day a someone gave me the following issue:
    She incurred a bank charge on her current account, and recieved a letter informing her that they would be taking £30 from her joint savings account which she shares with her grandad.

    Now I don't know how you feel, but to me this kind of behaviour is simply shocking. My question though is that is this kind of practice legal? The charge as we all know is not, and I have advised her to claim back it back. But taking money out of a seperate account due to a charge in a different one, especially when its a joint account and her grandad was given no notification....that just doesn't sound at all legal.
    Surely the two accounts are formed from two seperate contracts meaning they could not overlap?

    Furthermore she claims that they did not even give her 28 days notice.
    Isn't this breaking thier own terms and conditionsicon which they always seem to refer to?!


    Any thoughts or answers to this would be greatly appreciated.
    Many thanks

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  2. #2
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    mutzi Novitiate

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    Default Re: Nationwide: Money removed from savings account for charge incurred in current acc

    Unfortunately they can and will. All the banks tend to do this (that sounds familiar.)

    At any time we may, without notice, combine two or more accounts
    or set off any debit balance on one account against a credit balance
    on another account.
    They will likely close her current account when she makes a claim, so they can't do it again at any rate. To be honest I would just tell them where to shove all of their accounts

    As for the notice period, this is set out in the Banking Codeicon. The best I would imagine you would achieve by going down that route is simply a refund anyway.


  3. #3
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    Maverick_Bowen Novitiate

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    Default Re: Nationwide: Money removed from savings account for charge incurred in current acc

    Though it appears that they set it out in their terms and conditionsicon that they can do this, is it actually legal? I mean they state in their terms and conditionsicon that they can charge us 30 quid; and thats what all this is about. Banks just take advantage of grey areas of the law and hope us, the ocnsumer, don't challenge them.

    Like I said before, surely if the two accounts represent two seperate contractual agreements they can't be made into one lump sum as in implied by your quotation - especially not without the consent or atleast notification of the customer.

    Then again I am no lawyer. But anyone who is a lawyer...please comment!


  4. #4
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    Default Re: Nationwide: Money removed from savings account for charge incurred in current acc

    Hiya

    I've the exact same issue but my bank took £800 from our joint account and hear this - they took it assuming we're people we are not! Shocker!

    I have been advised just to sue the bank so that's what i'm doing!


  5. #5
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    indebtstudent Informative indebtstudent Informative

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    Default Re: Nationwide: Money removed from savings account for charge incurred in current acc

    Why not try the Ombudsmen first? It costs the bank money AND you can still go to court if they find in favour of the bank. Oh and it is free to you, from your post they look like they haven't got a leg to stand on.

    The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE