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.
Whilst trying to claim back recent charges I have delved into reading up on contract law on the internet. One thing I found interesting was that if you are a minor (ie under 18 then you cannot be held responsible at contract law and held to terms of conditions of a contract.
Funnily enough when i put this is my letter to the Nationwide a few months back I was promptly returned my £300 of charges that going £5 overdrawn had spiraled me into.
However I do not know the actual law on this. Can I get out of these terms and conditions on this ground, as well as the gorunds the are misrepresenative charges? I know for example that some banks do not actually impose penalty charges for those under 18. Perhaps this is coincidence, or maybe its because they realise this is unlawful to charge someone who is not 18 and cannot be held legally binding to terms and conditions of a contract.
My argument to the Nationwide was this:
You claim that these penalty charges are due to costs incurred by yourselves due to the mismanagement of my account.
ie I have £20 in my account, and then a £30 direct debit comes out putting me in an overdraft of £-10.
However since I am not 18 I legally cannot have an overdraft, and so therefore what happens to a customer aged under the age of 18 is the following:
I have £20 in my account, and then a £30 direct debit comes out putting me in an overdraft of £-10, and then automatically there is a 'Bank Correction' and the £30 is recredited to my account and the direct debit fails.
Now, since I have only theoretically exceeded my overdraft limit, what actual costs have been incurred by the Nationwide? I am not in debt to them, and have borrowed no money. So there is actually no way they can get close to justifing a £30 charge.
The above scenario was what was repeatidly happening to me time and time again. Funny thing is though that when I had £20 in my account and a £30 BANK CHARGE came out, guess what happened?
That's right.
The Nationwide had no problem whatsoever with me staying in the red despite my age.
Under 18: Does this make a difference?
a few months back I was promptly returned my £300 of charges that going £5 overdrawn had spiraled me into.
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