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Legal Statute advice needed...


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Firstly I'll explain my case so far, I wrote to Phil Beaumont at HSBC a couple of weeks a go to claim £1288 in charges and yesterday received the following reply -

 

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"The bank does not agree with your contention that the charges that have been imposed are unlawful and are therefore unenforcable. The contract between the bank and its customers is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section2. If you authorise a payment that would, if met by us, lead your account going overdrawn or over an agreed limit the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list and the circumstances in which these charges will apply are clearly set out in our terms and conditions which you will have been provided with a copy when you opened your account.

 

Whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the banks position. If you are not satisfied with the bank's response you should now refer your complaint to the Financial Ombudsman Service, as this represent our final response on this matter."

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I plan to reply to this letter quoting any passage I can find in a legal statute that refers to the legality of disproportionate charges and asking for proof that these charges are not disproportionate. Any advice on where exactly to find such a quote? I've had a brief look at the statue library on here but have been unable to find anything so far.

 

Thanks for any help you give me.

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To put it simply - it's not your job to prove them wrong - it's their job to prove themselves right. And that's what the Court process is there for.

 

I'd recommend you follow the process and letters in the FAQ, and if HSBC's intransigence is such that you have to issue proceedings against them, so be it.

 

You do not have to provide them with statutes - they have very expensive legal teams and know them already, I'd guess. They're stalling. Set your agenda and stick to it.

 

BC

Never knowingly underweight

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Te next step is to send the prelim letter. If you want more info on the legaility of it all read through the FAQs (a couple of times if you've the time) and it's all in there. Using the template letters is the best option. If you start to compose your own you risk mesing things up (unless you are solicitor in the banking field:)). The letters have been written to be effective and so far have proved to be.

 

Neil.

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To put it simply - it's not your job to prove them wrong - it's their job to prove themselves right. And that's what the Court process is there for.

 

I'd recommend you follow the process and letters in the FAQ, and if HSBC's intransigence is such that you have to issue proceedings against them, so be it.

 

You do not have to provide them with statutes - they have very expensive legal teams and know them already, I'd guess. They're stalling. Set your agenda and stick to it.

 

BC

 

Thats not entirely accurate. Usually in criminal cases it is a case that the accusing party (the crown) must prove the case against the accused. However, in civil cases, there is a principle that 'he who accuses must prove'. In the case of bank charges you have to prove 1) the charges are penalties as appose to a genuine pre-estimate of loss, 2) they are unawful in some way but statute, regulation or case law and 3) by proving 1 and 2 you have suffered loss so have a right to be compensated.

 

If you simply went to a Judge and said 'the charges are unlawful' he wouldn't ask the bank to prove they weren't, he'd expect you to prove they were.

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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  • 12 years later...

This topic was closed on 09 March 2019.

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