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 law, applied, bank, credit, card and/or charges:
“All gentle cant and philosophizing to the contrary notwithstanding, no people in this world ever did achieve their freedom by goody-goody talk and moral suasion: it being immutable law that all revolutions that will succeed, must begin in blood.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“The axioms of physics translate the laws of ethics. Thus, “the whole is greater than its part;” “reaction is equal to action;” “the smallest weight may be made to lift the greatest, the difference of weight being compensated by time;” and many the like propositions, which have an ethical as well as physical sense. These propositions have a much more extensive and universal sense when applied to human life, than when confined to technical use.”
—Ralph Waldo Emerson (1803–1882)
“People get a bad impression of it by continually trying to treat it as if it was a bank clerk, who ought to be on time on Tuesday next, instead of philosophically seeing it as a painter, who may do anything so long as you don’t try to predict what.”
—Katharine Whitehorn (b. 1926)
“If you love those who love you, what credit is that to you? For even sinners love those who love them.”
—Bible: New Testament, Luke 6:32.
“There is undoubtedly something religious about it: everyone believes that they are special, that they are chosen, that they have a special relation with fate. Here is the test: you turn over card after card to see in which way that is true. If you can defy the odds, you may be saved. And when you are cleaned out, the last penny gone, you are enlightened at last, free perhaps, exhilarated like an ascetic by the falling away of the material world.”
—Andrei Codrescu (b. 1947)
“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)