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Jamespalmer999

Can I Claim £10 charges

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I am helping my brother out with reclaiming some of hs bank charges over the past 3 years.

 

I have had disputes of my own with banks and have won every case that was taken to court. So i know the roughly what i am doing. However my brother has had 14 x £10, 3 x £15, 2 x £25, 15 x £30, and 1 x £35 and from going though the all the information in the past when i claimed i am aware that a £12 charge for late payment on credit cards is accaptable. does this apply to bank accounts

 

what charges should he try to reclaim?

 

Many thanks in advance to everyone how will help!

 

James Palmer

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The £10 charge may be an account fee eg an Additions a/c. If so, it's not claimable

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IMHO

 

Whether it's disguised as a service or is a blatant penalty charge, it must still be reasonable:

 

OFT Report:

“ ... default charge provisions are open to challenge on grounds of unfairness if they have the object of raising more in revenue than is reasonably expected to be necessary ..."

 

“ ... a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract.”

 

“ … a default charge should not exceed a reasonable pre-estimate of the administrative costs”

 

“We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”

 

The scenario where the banks are offering everything above £12 back is the most disgraceful attitude from a financial institution - it's a cynical and deliberate (mis-)reading of the OFT report.

 

Don't let them get away with it. Ask for them all back, even the £10 ones - they are still penalties.

 

T.


"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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You can't claim additions fees. They are clearly a fee for a service you asked for.

 

IMHO

 

Whether it's disguised as a service or is a blatant penalty charge, it must still be reasonable:

 

OFT Report:

“ ... default charge provisions are open to challenge on grounds of unfairness if they have the object of raising more in revenue than is reasonably expected to be necessary ..."

 

“ ... a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract.”

 

“ … a default charge should not exceed a reasonable pre-estimate of the administrative costs”

 

“We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”

 

The scenario where the banks are offering everything above £12 back is the most disgraceful attitude from a financial institution - it's a cynical and deliberate (mis-)reading of the OFT report.

 

Don't let them get away with it. Ask for them all back, even the £10 ones - they are still penalties.

 

T.


JKop Vs Barclays SETTLED

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Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

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Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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The only ones you can claim are the ones for £25 and above.

Depending on how far your claim goes back, look out for these charges.

 

UNPAIDS OUT

UNAUTH O/D FEE

PAID REFERRAL FEE

 

Dont get silly and try it on by being greedy, only claim back what you are entitled to, or you may find yourself pying THEM!


.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks very much to every ones post so far!

 

I should point out that they where all UNPAIDS OUT or PAID REFERRAL FEE

 

I have not included his ADDITIONS ACCOUNT FEES , although he only had some of those ADDITIONS ACCOUNT FEES earlier on but then his account was changed to a student account these ADDITIONS ACCOUNT FEES where then WAVERED for the duration.

 

The £10 and £15 pound charges probably all occured during this time while hiss account was a student account? then the larger charges £25 to £35 have happened after he left uni, has anyone else experenced this?

 

And if this is the case are Barclays saying that it cost them less to process a students for going overdrawn!?! LOL

 

Once again thank you everyone so far and thanks to all that help that i am going to receive!

 

James Palmer

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