Bank Manager agrees (charges are unlawful)

[JOSH_IOU]

I recently had a face to face interview with my HSBC bank manager.

 

I said to her did she know that these were unlawful.

 

She said yes then looked at me as if to say what have i done

 

 

she told me i should right to the quality control team as they have taken the power off the branches to return charges.

 

Can any one confirm this/?

[Spiceskull]

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.

[JOSH_IOU]

There was no doubt in my mind the charges were unlawful.

 

I left Northern Rock because of this.

[indebtstudent]

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.

[ThisVeryMoment]

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.

[itsamomentintime]

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.

[dave]

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.

[Louisamc1]

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!

[ThisVeryMoment]

I spoke to a judge. He said they make the law, not Bank Managers. and that charges in ARE lawful.

[dave]

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.

[simonjohn]

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!!!

[Johan]

There was no doubt in my mind the charges were unlawful.

 

I left Northern Rock because of this.

 

Jamesrap look what happened to Northern Rock after you left!!

[simonjohn]

Jamesrap look what happened to Northern Rock after you left!!

 

Not very conducive ist really.

 

Never mind in about 6 months when the credit crunch really hits the UK, you might revise that statement, .... when youre out of a job!!!!!!!!!

[Johan]

Not very conducive ist really.

 

Never mind in about 6 months when the credit crunch really hits the UK, you might revise that statement, .... when youre out of a job!!!!!!!!!

 

I do not know why I should lose my job I am not working in the banking sector!