WikiWirral Share a Little Learn a Lot about your Wirral
Forum Stats
12182 Members
65 Forums
72596 Topics
978283 Posts
116 posts in the last 24hrs
Max Online: 7831 @ 8th Apr 2013 4:18pm
Who's Online - Click Me
88 registered (assassin, 18 invisible), 1625 Guests and 194 Spiders online.
Key: Admin, Global Mod, Mod
Social Media : Follow Us


(Views 7days)This Weeks Most Read
Secretive mega shake-up of NHS could cost £15 mil 417
Need help 376
Wirral High Tides? 356
Found a mobile phone 14/01/2017 WALLASEY 340
Sometimes You Could Strangle Someone 334
Asbestos shed removal 320
Paypal help 307
Best Price for Scarpping my car 257
RAC ,AA v Breakdown Recovery 256
Lost Mobile Phone 254
New General Forums
The Scouse Accent
by palemoon
Yesterday at 07:49 PM
birthday wishes
by sunnyside
Yesterday at 12:48 PM
The Green Eyed Girl
by granny
17th Jan 2017 10:33pm
Breastfeeding Dads Want to Be A Breastfeeding Hero
by fish5133
16th Jan 2017 1:24pm
New Wirral History
753 Sea Horse, Unit 9, Wallasey Waterfront
by Norton
Yesterday at 09:07 PM
What was County Hall, Abbey Street, Birkenhead?
by yoller
15th Jan 2017 1:28pm
752 The Old Manor Club, Withens Lane, Liscard
by Norton
13th Jan 2017 2:20pm
751 Plough Inn, Mount Pleasant Rd, New Brighton
by Norton
13th Jan 2017 1:38pm
351 Prince Alfred 30 Tunnel Road 30 30 to 32
by yoller
8th Jan 2017 7:18pm
Forum Tips
Photo Gallery Forums
fireworks on the Mersey last night
Hadlow train station
Topic Replies
New Car tax Rates For New Cars
by fish5133
Today at 01:42 AM
When we live to be a 100 yrs old
by venice
Today at 12:03 AM
Musicals
by snowshoes
Yesterday at 11:47 PM
The Green Eyed Girl
by granny
Yesterday at 10:02 PM
Wanted freezer kit
by dodie
Yesterday at 09:58 PM
2pioneer speakers Free
by dodie
Yesterday at 09:54 PM
Secretive mega shake-up of NHS could cost £15 mil
by venice
Yesterday at 09:48 PM
753 Sea Horse, Unit 9, Wallasey Waterfront
by Norton
Yesterday at 09:07 PM
Taylors Villas 1874 any info?
by locomotive
Yesterday at 09:00 PM
January
M Tu W Th F Sa Su
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
Recent Posts : What's On ?
Indian/Jazz fusion music Liverpool
by buddy
17th Jan 2017 9:46am
Chinese New Year Liverpool
by paxvobiscum
15th Jan 2017 11:08am
Topic Options
Rate This Topic
#276240 - 15th Dec 2008 5:46pm bank charges
vw_kyle Offline
Forum Addict

Registered: 27th Dec 2006
Posts: 1966
Loc: wirral
does any one have any idea if you can still claim for bank charges the last thing i heard it was going to court can anyone help

Top
Law & Order : Advertising
Click me for more Information......

WikiWirral Numbers : Between 150 and 200 New Members Every Month. With Over 3,500 unique visits and 35,000 Page Views each day. Average +500 Search Engines Daily and over 1,000,000 Million Page views a Month. Advertising from £20 . Click Me
#276246 - 15th Dec 2008 6:21pm Re: bank charges [Re: vw_kyle]
Pete_Robbo Offline

Keep It Real !!
Wiki Guide

Registered: 11th Aug 2008
Posts: 6640
Loc: Wirral
i have put a claim my self its still in court has been for a year

there's is a stop on them for a while


Google bank charge letter
_________________________







Top
#276313 - 15th Dec 2008 11:51pm Re: bank charges [Re: Pete_Robbo]
_jase_
Unregistered


hears some info on it. happy

click hear---> http://www.moneysavingexpert.com/reclaim/bank-charges

Top
#276362 - 16th Dec 2008 12:34pm Re: bank charges [Re: ]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15985
Loc: New Brighton
dont go overdrawn omg

_________________________


http://www.youtube.com/user/stetopop

Top
#276403 - 16th Dec 2008 5:07pm Re: bank charges [Re: _Ste_]
_jase_
Unregistered


The law behind this

The core argument is that banks should only impose charges which are in proportion to their costs. This is because under the Unfair Terms in Consumer Contract Regulations the charge should not exceed the cost to the provider.

Quote:
Yet go beyond your overdraft limit or have a cheque or direct debit payment bounce and the banks charge up to £39 a time – even if you’re only £1 over the limit . Yet all it has to do is send a computer-generated automatic letter with a franked stamp. A report by a Professor of Banking estimated this costed only between £2.50 and £4.50. And this was being generous.

All in all, this means, I and many others believe, bank charges are unlawful, or so as the banks had no right to grab your cash, but still did it, you’re entitled to get it back.

The banks’ primary argument has been that ‘unfair contract’ terms don’t apply to bank charges, but the Office of Fair Trading (OFT) disagreed so started the High Court test case to find out. Yet that was blown out of the water by the judge, who in in Apr 08 decided that bank charges are governmed by these rules. A great step forward for reclaimers.

The next stage is for the OFT to assess whether it thinks bank charges are actually unfair, and we are expecting to hear more on this on in the next few months.
Isn’t it in the terms and conditions though?
Of course, if you had read the terms & conditions when you got your back account, this was in there. Yet that’s irrelevant: a contract must be written within the law, and they can’t enforce a contract with legally unfair terms. Ultimately, if it isn't proportionate then it's unlawful, and thus you've a right to your money back. Let me use my favourite analogy for this:




If someone told you they were about to punch you before smacking you; it doesn’t make it legal. The same’s true with bank charges.






No one’s saying there shouldn’t be bank charges, just that they are set massively too high; a few pounds would be more appropriate. Yet it’s important to remember, the banks have designed the charges to make them serious cash


Edited by _jase_ (16th Dec 2008 5:13pm)

Top
#276464 - 16th Dec 2008 8:49pm Re: bank charges [Re: ]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15985
Loc: New Brighton
BULLSHIT, YOU SHOULDN`T TAKE MONEY WITHOUT ASKING, SO YEAH, BRING ON WITH THE BANK CHARGES :NO:

Don`t go over the limit, you don`t get charged, simple. snob
_________________________


http://www.youtube.com/user/stetopop

Top
#276468 - 16th Dec 2008 8:59pm Re: bank charges [Re: _Ste_]
_jase_
Unregistered


thinkdid you not get CHARGED by your bank. for takeing money with out asking. smile


(first call????)


Edited by _jase_ (16th Dec 2008 8:59pm)

Top
#276473 - 16th Dec 2008 9:08pm Re: bank charges [Re: ]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15985
Loc: New Brighton
nope, that was TESCO insurance, i cancelled, they still tried to take dough! Returned direct debit pissed my bank off laugh
_________________________


http://www.youtube.com/user/stetopop

Top
#277603 - 22nd Dec 2008 10:24pm Re: bank charges [Re: _Ste_]
Wheels Offline
Wiki Veteran

Registered: 4th Jan 2005
Posts: 8795
Loc: Tranmere
Here you go, just re do it with your names



[YOUR NAME]
[YOUR ADDRESS]
[DATE]
[BANK NAME]
[BANK ADDRESS]

Dear Sir/Madam

Penalty & unfair charges – request for refund for [Your name, sort code and account number].

[Details of charges]

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 – online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

The OFT stated that a charge is not fair simply because it is below this sum, and I believe that a reasonable charge would be 50 pence for the reasons set out below. Please refund my charges as a matter of urgency.

I would respectfully submit that if your organization does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit license under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

Separately, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tire Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into a transaction(s) without sufficient funds in my account. However, payment was declined by you, and therefore, actual loss is the cost of automatically sending me a computer generated letter. I would respectfully submit that is valued at no more than 50 pence.

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 – online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. No-one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and out with, the UK).

Please refund all charges applied to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

Yours faithfully





Top
#277618 - 22nd Dec 2008 11:05pm Re: bank charges [Re: Wheels]
mikeyfreedom Offline
Newbeee

Registered: 31st Aug 2008
Posts: 24
Loc: prenton
bank charges are on hold but i think you can still claim credit card charges. http://www.moneysavingexpert.com/reclaim/credit-card-charges

Top
#277657 - 23rd Dec 2008 9:29am Re: bank charges [Re: mikeyfreedom]
CustomIce Offline
The IceMan commeth
Wise One

Registered: 3rd Dec 2006
Posts: 847
Loc: Wirral
Yup, currently a test case going through the courts, so you can't currently put a claim in for bank account charges.
But as Mikeyfreedom says credit card charges are still dispute-able.

Top

Moderator:  Mod 
Random Wirral Images

Click to View Topic.
Newest Topics
New Car tax Rates For New Cars
by fish5133
Today at 01:42 AM
753 Sea Horse, Unit 9, Wallasey Waterfront
by Norton
Yesterday at 09:07 PM
Car Value Sites Parkers Auto Trader
by fish5133
Yesterday at 06:05 PM
Spectacles found.
by Beethoven
Yesterday at 01:02 PM
The Green Eyed Girl
by granny
17th Jan 2017 10:33pm
For Sale & Free
Wanted freezer kit
by dodie
Yesterday at 09:58 PM
2pioneer speakers Free
by dodie
Yesterday at 09:54 PM
Looking to swap an xbox one for a ps4
by surykata
Yesterday at 08:10 PM
Wanted old cars spares or repairs
by vw_kyle
17th Jan 2017 1:08pm
Astra 1.9 diesel 06
by lansyp
16th Jan 2017 8:47pm
Featured Member
Registered: 3rd Jun 2012
Posts: 6493
Newest Members
Collette63, shellylou, sgjrob, pjmeaneydog, jennynoonan
12182 Registered Users
Today's Birthdays
No Birthdays
New Wirral Info
Paypal help
by venice
17th Jan 2017 8:59pm
Brown Bin Collections Restarting Today 17th Jan
by fish5133
17th Jan 2017 9:04am
Indian/Jazz fusion music Liverpool
by paxvobiscum
15th Jan 2017 11:19am
Chinese New Year Liverpool
by paxvobiscum
15th Jan 2017 11:08am
Asbestos shed removal
by TRFCKrisTRFC
13th Jan 2017 10:51pm
News : New Topics
Spectacles found.
by Beethoven
Yesterday at 01:02 PM
When we live to be a 100 yrs old
by granny
Yesterday at 11:46 AM
Secretive mega shake-up of NHS could cost £15 mil
by RUDEBOX
16th Jan 2017 5:58pm
Lost Mobile Phone
by spinner1
15th Jan 2017 6:56pm
Found a mobile phone 14/01/2017 WALLASEY
by GaryFromWirral
15th Jan 2017 11:28am
New Enthusiast Forums
New Car tax Rates For New Cars
by fish5133
Today at 01:42 AM
Car Value Sites Parkers Auto Trader
by fish5133
Yesterday at 06:05 PM
A Little Girl Gets A Kitten
by Uffda
17th Jan 2017 3:45pm
Best Price for Scarpping my car
by Mike72
17th Jan 2017 1:02pm
Diagnosis Route
by fish5133
17th Jan 2017 12:10am
(Views 24hrs)Trending Newest Topics
When we live to be a 100 yrs old 245
Car Value Sites Parkers Auto Trader 102
Spectacles found. 37
Looking to swap an xbox one for a ps4 34
Wanted freezer kit 32
753 Sea Horse, Unit 9, Wallasey Waterfront 32
The Scouse Accent 29
birthday wishes 15
New Car tax Rates For New Cars 0
Wirral Sunrise Sunset
Sunrise Thu 8:14am
Sunset Thu 4:31pm
Local Time Thu 3:37am
WikiWirral Can . . . .
Advertising Click me
To Advertise with
Wikiwirral Click Me