Re: Banks lose overdraft charges case


"John Anderton" <john1_anderton@xxxxxxxxxxx> wrote in message news:d83b39ba-b7f2-4262-a1a7-b48892ca5fe1@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On 26 Apr, 10:28, "tims next home" <tims_new_h...@xxxxxxxxxxx> wrote:
"John Anderton" <john1_ander...@xxxxxxxxxxx> wrote in message

>AIUI this result just means that OFT can ask a court to determine if
>the contract between the customer and the bank is unfair. Even if a
>court does decide that in future(and that's not certain), I'm not sure
>that means customers can reclaim charges they have already paid.

If the decision is that the clause are unfair, then they are retrospectively
void.

Do you have a cite for that ? I know unfair contract terms are
unenforcable but this is not about enforcing a current contract if the
customer has paid the charges.

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A disadvantaged customer is always going to have to pay the charges before he complains. Why should he lose his right to a refund because he complains after 6 months instead of 6 hours? (As I said, he does lose this right after 6 years)

Or perhaps you think that he should be expected to initiate court action to remove the unfair tems before he signs up (because in MegaBank v LittleMan, he has absolutely zero chance of having them removed by negotiation)?

(Hint, the reason that we have UTCCA 1999, is so that he doesn't have to try!)

tim

.

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