So if its illegal why can they still do it..!!!

  [email protected] 15:53 06 Jun 2007

tell me i went overdrawn for my broadband 4 days ago & my bank has charged me £35 so why are they still doing it if its illegal,shouldnt someone from the goverment stop this...


  GANDALF <|:-)> 15:57 06 Jun 2007

It is not illegal as there has not been a ruling on it and they do make their charges fairly clear. You are supposed to bank with them, not the other way round. I'm sure that you were aware of the banking conditions when you opened your account.


  dagbladet 15:58 06 Jun 2007

I don't think they're breaking the law. As I understand it, many of these charges have been refunded by the banks after a court case found them (the charges) unreasonable, not unlawful.

  lisa02 15:58 06 Jun 2007

Rather than shouting on here.

Calmly complain and see if they'll refund, mine did.

Once you do that take measures to ensure it doesn't happen again, as I did last month.

Separate accounts and I canceled some Direct Debits in favour of other payment methods.

It's not quite Illegal, the water is still murky.

One case found in favour of the Bank in a previous thread.

  lisa02 16:16 06 Jun 2007

After my debacle, which was detailed in another thread. My bank has explained that they only issue a charge (£28) if the account goes minus -£28 or more so I'm safe if I go up to -£27.99 (not that I will).

  [email protected] 16:20 06 Jun 2007

lisa02 ive called them & they said that the company that wanted to take money out of my account did so on the wrong day (hense why there wasnt sufficent ££'s)normaly it comes out on the 14th but the company concerned tried on the 1st,my bank wont budge on this......which is unfair as i am innocent....if anyones got any good advice i would be very greatfull

also its the amount they charge thats supposed to be illegal as there profiteering from us

  jack 17:04 06 Jun 2007

It is not illegal
It is illegal to go overdrawn with out permission or to exceed an agreed limit
If I put my hand in your wallet and extracted a fiver here and there you too would be quite rightly miffed,it is theft- there is no other word to explain it.

To move the argument side ways slightly
Some years ago after I retired I worked part time for a national Car rental company as a driver/cleaner.

The rule on renting out cars- they leave the site with a full tank- the hirer must return it the same that is written into the hire document which is signed by the hirer.
Very often the cars were returned with a less than full tank.
This meant time had be taken by a driver to take it to a filling station.
That station may 15 minutes drive away- the traffic could be heavy, there may be queues st the petrol site.
It is time and it costs, it delays the onward hire of that vehicle
Consequently the company charged the miscreants fuel cost plus 50%- when fuel was 80p litre the charge was £1.20.
It is a penalty for breaking the agreement.
So it is with banking - break the rules pay the price.

  Aargh 17:13 06 Jun 2007

It is legal

You have a contract to stay within the overdraft. If not, they have published fees they will charge you. Some County Courts have ruled that these charges were excessive, and many have used this to claim back fees. In many cases banks have relented because A) it is time consuming to defend each claim and B)They can afford to pay you back!

If they were to put their foot down, you would see you are in breach of contract. However consumer pressure MAY cause some banks to reduce fees - the response will be banking will no linger be free.

  dth 17:20 06 Jun 2007

if the firm trying to debit your account is at fault - why don't you wait until you get your bank statement (covering the period) and write to them explaining that the date change has caused you to go overdrawn with your bank (with a copy of your bank statement) and ask them to reimburse you

  Input Overload 17:21 06 Jun 2007

I have a small personal account I use for buying Pc bits Hi-Fi, ink, (Boys toys) motherboards on etc & I overdrew accidentally & Nat West charged me £40 or so as it spanned 2 months by 2 days. A short but assertive & reasonable phone conversation with a lady at Nat West sorted the problem& gave me a small overdraft facility.

  wee eddie 18:18 06 Jun 2007

If the demand was incorrectly made, then you have a case against them for breaking their agreement with you.

It is not up to the Bank to query such arrangements which you have made with your supplier.

Take it up with your ISP and, if you want results, I would advise you to control your language. While they may not slam the phone down if you are rude, they can leave you listening to an awful lot of music.

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