Bank Charges:(

[northwind]

Clydesdale! Marvellous. So I was right when I said not a proper high street bank

[timwilky]

OK, Ed. I talked with the daughter tonight re your two cases. As her LLM has a large section on unfair contracts we had a little discussion .

As I understand it, the Clydebank Engneering case was on 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 Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

This being your second cited case.

Ok the two case I understand. however what I fail to understand is the relationship between Scottish and English law, and where precedence may lie. But I am the engineer, it is the lass who is the bar student and she can't explain it beyond a similar principle of jurisprudence may be accepted in an affiliated court. Interesting that I find the above precedence cited all over the pink world. ( ok you young pups. My school atlas used pink to shows those countries that were part of the British Empire, something to be proud of, not make excuses for.)

Sorry, the above makes sense to a pished me. but may not to others

So, it is unfair to impose a penalty for breach of contract. and it is therefore only fair to impose a charge that reflects the costs that where accrued as a result of said breach.

Wilky, you get a gold star!!! Entirely correct. And Scots law on breach of contract is the same as in England. So it's very persuasive, so much so that it's accepted as good law here.

A client has referred another scam to me today. She lives in a leasehold property, and had the audacity to query the service charge. The managing agent simply referred her to a debt collection agency which sent her an automated letter and is trying to screw her for their costs of £125 + VAT - that's £146.88. And they reported her to the mortgagee, a well known high street lender, which then wrote to her to say pay up or we'll pay it for you and we'll charge you £75 admin fee too.

Beggars belief

Reply arrived today in the post!!!

Out of good will they are refunding half of the charges!! Question here is IF you are sooo on the right why do you refund me????

Letter is below for your perusal all

Not bad for the cost of a stamp

Not bad at all I should say

Should I go for the rest through another snotty letter for the cost of a stamp?

Or should I just accept it?

Hassle vs Getting ripped off....

In all the websites, they mention that the bank always offers halfway. If you still want it all, apparently they give it all just before any court action. Not sure that it is worth it for £20. I must say, I had £60 charges in January and because of your thread I also wrote to the bank. I have not heard back yet.

And this is quite confusing!!!

If you are soooo right then why go half way - end of the day you are losing money from your business and in my case they don't even gain any interest as it's 0% plan!

Very much tempted though to clear the balance and tell them to sod off

or should I write to them again?......hm

Just dug this up again cos I had more responses. To my first letter I got a "write to the customer complaints department, we ain't giving you anything". I then got another £28 worth of charges taken away for the same original offence! I wrote another letter to the customer services department and just got a reply saying for a full A4 page reasons why they don't agree with me and why its all transparent and legal, and then on the next page, as a gesture of goodwill they are giving me all £88 back! Total victory; I mean £88 cos I went over my overdraft limit once cos a standing order took 3 days to hit my account? Ridiculous amount.