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.
Yes - the penalty charges are unlawful, so in that respect HSBC score a point for being truthful.
As for QCT taking powers away, this is garbage. However, it is likely that somewhere down the line your claim and queries will be passed to this department, so all she was really doing was displaying the first delaying tactic that you will encounter.
Whatever happens, you will get your money back - good luck.
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Some employees (like me) know the score, others make ignorant commetns without first looking up the facts.
With Nationwide I know we can't refund ANY charges at branch level unless the charge was our fault (ie we made a mistake and the customer should never have been charged). I believe this is similar in other banks and building socites.
It is supposed to be more efficient but what it actually means is that, when a customer complains, they get a standard template letter whiche usually addresses none of thier concens.
penalty charges are unlawful under the Unfair Terms in Consumer Contracts Regulations 1999. This is law and cannot be ignored by banks. Use these terms when claiming back bank charges.
post office
WON 12/11/06
abbey
LBA sent 30/10/06
MCOL claim submitted 8/11/06
allocation questionnaire sent 16/12/06
schedule of charges sent 16/12/06
WON
Are they unlawful? I thought the two big cases went in the Banks favour?
When did the court say the charges were unlwful? Can someone send me the thgink please.
There have been a few cases is which the defendant (the bank) has actually turned up and the charges have been found to be unlawful. One was in N.I. if I recall.
The two 'big' cases to which you refer (I think) are the two times when ltsb didn't turn up and the claimants case was thrown out for 'embarrased PoCs' - not a victory, simply the claimant wasn't prepared and the case was thrown out - i.e. NOT heard.
Not a win for either side legally.
Penalty charges ARE unlawful - that has been so since 1896 in English contract law.
The difficulty is getting a bank to disclose the information about how they arrive a their figure to see if the charges are a fair reflection of their costs of a customer's breach of contract.
I think it's obvious that it doesn't cost 39 quid to NOT pay a direct debit - but until the court orders disclosure (which has happened, and of course was followed quite quickly in every instance of this, with thebank paying up in full and thus not case to hear), it has not been proven - despite having a few cases won in a 'lower' court ,in the eyes of the law as no precident has been set.
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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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I had a meeting with my Lloyds business bank manager a few months ago and put to him that the charges were unfair and I'd be reclaiming them. He also agreed!
Well, they don't make the law, sadly the government do. Judges judge that the law has been abided by, and if he were to look at penalty clauses v liquidated damages, he would see that charges are not lawful as they don't truly reflect the damage caused by a customers breach of contract.
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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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I spoke to a judge. He said they make the law, not Bank Managers. and that charges in ARE lawful.
Not quite true!!!
The house of lords formulate the law, which is then passed through legislature, House of parliment, voted on, then passed as law through the state. Unless a state of emergency exists. Not plausable for bank charge's is it, Really!!!
Bank Manager agrees (charges are unlawful)
bank manager.
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Originally Posted by ThisVeryMoment
I am not working in the banking sector!