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Ben's trying to get HIS money back and here's a diary


BenScoobert
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Hi everyone.

 

I just signed up today. Some great info on here and MSE site.

 

Here's a little story about a guy who was pushed over the edge.

That guy is me.

I woke up this morning, 2 bank letters on my doormat. Hmmmm I thought, statements came a few days ago, either bad news or fire lighters.

It was bad news, on 1 joint account i have with my girlfriend I was charged £30 becasue a previous £28 charge took us over the overdraft, the other letter was a charge for £39 due to my account being a few pounds short of a £22 water bill direct debit.

 

I rang the bank, told them these charges are illegal, they didn't seem too interested, so while the fire was still in my belly I went and opened a new account with another Bank.

Tonight I printed off the request for a list of charges for the last 6 years. I guess it will be £1000-£1500 as I have had some hard times a few years ago which were not helped by bank charges.

Tomorrow I will post it recorded delivery, the 40 days they have to respond will give me time to devour all the info I can from this site.

 

I'll keep you posted.

 

Ben

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Penalty clauses in contracts in English (and Scottish) law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

 

Does this mean I can't claim for a charge of say £30 on a £50 breach?

The reason I ask is some of my charges were for failed mortgage payments.

 

I hope not I'm assuming the "cost of the breach" isn't the amount the breach was for but the cost of the bank sending me a letter.

 

Ben

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Hi, Ben,

 

Welcome to CAG.

 

Your second assumption is correct, it matters not one whit how much the breach is in relation to, it's how much it costs the institution to deal with it. ('pre-estimation of liquidated damages' is a phrase worth researching.)

 

One small point, these charges are 'unlawful', not to be confused with 'illegal', and that's not just dictionary definition, it determines how the law is applied to any particular circumstance. Civil breaches are deemed to be unlawful, criminal breaches are deemed to be illegal. (Whether or not these charges can be seen to be in breach of criminal legislation is yet to be decided.)

 

Lay on, MacDuff, or in chavspeak, 'bring it on, pal'.

 

Please keep us posted.

 

Regards,

 

PeteCC

NatWest, claimed £521.00, settled in full.

Data Protection Act to LTSB (sent 15th June) Received statements 10/7/2006. Claiming £570.50. Sent claim 17th July Reply received 21st July. (sent LBA 22nd July) Then the procrastination started. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/11169-peters-progress.html

Settled in full £905.18, confirmation faxed to the court the day before I appeared, which meant I didn't know 'til the Judge told me.

Letter requesting disclosure of account info from Thoburn's bailiffs. (sent) Data Protection Act to follow.

Ooh, the suspenders is killing me!

:D

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Penalty clauses in contracts in English (and Scottish) law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party.

 

Absolutely, but what are the actual costs? The banks refuse to divulge a true breakdown of costs and until they do you can claim back all their penalty charges. The banks would rather do that than reveal that their liqidated losses are only a fraction of their their charges.

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