The Law Applied To Bank and Credit Card Charges
This law has recently been of great interest to UK bank and credit card customers who have been charged as much as £39 for a single transaction that took them over their credit limit. Consumers argued these charges were well beyond the cost of sending a computerised letter.
In 2007 the Office of Fair Trading investigated the excessively high charges being imposed on customers of credit card companies. In its report, the OFT confirmed these charges were unlawful under UK Law as they amounted to a penalty. It said it would be prepared to investigate any charge over £12, though this was not intended to indicate that £12 is a fair and acceptable charge. The OFT said it would be up to a court to determine such an amount based on the established legal precedent that the only recoverable cost would be actual costs incurred.
The credit card companies did not produce evidence of their actual costs to the OFT, instead insisting their charges are in line with clear policy and information provided to customers.
Following the ruling, many bank customers have made County Court claims against their banks and credit card companies for return of penalty charges for returned cheques, direct debits and unauthorized overdraft charges. To date no bank or credit card company, save NatWest on one occasion, has attended at Court for a Trial.
- OFT v Abbey
Read more about this topic: Liquidated Damages
Famous quotes containing the words the law, law, applied, bank, credit, card and/or charges:
“Always the laws of light are the same, but the modes and degrees of seeing vary.”
—Henry David Thoreau (1817–1862)
“Nature’s law says that the strong must prevent the weak from living, but only in a newspaper article or textbook can this be packaged into a comprehensible thought. In the soup of everyday life, in the mixture of minutia from which human relations are woven, it is not a law. It is a logical incongruity when both strong and weak fall victim to their mutual relations, unconsciously subservient to some unknown guiding power that stands outside of life, irrelevant to man.”
—Anton Pavlovich Chekhov (1860–1904)
“The insidiousness of science lies in its claim to be not a subject, but a method. You could ignore a subject; no subject is all-inclusive. But a method can plausibly be applied to anything within the field of consciousness.”
—Katharine Fullerton Gerould (1879–1944)
“... an adamantine island chained to the shifting bank of the Channel.”
—Christina Stead (1902–1983)
“Most of the money given by rich people in “charity” is made up of conscience money, “ransom,” political bribery, and bids for titles.... One buys moral credit by signing a cheque, which is easier than turning a prayer wheel.”
—George Bernard Shaw (1856–1950)
“In the game of “Whist for two,” usually called “Correspondence,” the lady plays what card she likes: the gentleman simply follows suit. If she leads with “Queen of Diamonds,” however, he may, if he likes, offer the “Ace of Hearts”: and, if she plays “Queen of Hearts,” and he happens to have no Heart left, he usually plays “Knave of Clubs.””
—Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)
“I have never injured anybody with a mordant poem; my
verse contains charges against nobody. Ingenuous, I have
shunned wit steeped in venom—not a letter of mine is dipped
in poisonous jest.”
—Ovid (Publius Ovidius Naso)