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
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“The Law is the true embodiment
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It has no kind of fault or flaw,
And I, my Lords, embody the Law.”
—Sir William Schwenck Gilbert (1836–1911)
“Those who dare to interpret God’s will must never claim Him as an asset for one nation or group rather than another. War springs from the love and loyalty which should be offered to God being applied to some God substitute, one of the most dangerous being nationalism.”
—Robert Runcie (b. 1921)
“It was like passing a boundary to dive
Into the sun-filled water, brightly leafed
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That’s how the stars shine during the day.”
—Wallace Stevens (1879–1955)
“The most threatened group in human societies as in animal societies is the unmated male: the unmated male is more likely to wind up in prison or in an asylum or dead than his mated counterpart. He is less likely to be promoted at work and he is considered a poor credit risk.”
—Germaine Greer (b. 1939)
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—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
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—Ovid (Publius Ovidius Naso)