From: Peter Saxton 
Newsgroups: uk.finance
Subject: Re: Unauthorised Overdraft Charges
Date: Sat, 21 Apr 2007 07:14:49 +0100

On Fri, 20 Apr 2007 23:44:32 +0100, "Matti Lamprhey"
 wrote:

>"Peter Saxton"  wrote...
>> "Matti Lamprhey"  wrote:
>>>"Peter Saxton"  wrote...
>>>>
>>>> If it was the case that the charges were declared at the outset and
>>>> therefore any such charges were part of the contract it would not be
>>>> possible to have penalty charges because they could not be 
>>>> enforced -
>>>> " I know we didn't say what our charges were but because you didn't
>>>> stay in credit we will be charging you £1,000"!
>>>>
>>>> To me this is evidence that because a charge is declared beforehand 
>>>> it
>>>> doen't mean it is not a penalty.
>>>
>>>What you've written seems a bit contradictory, so perhaps you could
>>>simplify it a bit.
>>>
>> Where is the contradiction?
>
>"If it was the case that the charges were declared at the outset..."
>-  "I know we didn't say what our charges were..."
>
That is the alternative. You either say what the charges are at the
beginning (does that therefore make them part of the contract and
therefore not a charge for breach of the contract?) or you don't say
what the charges are (which wouldn't make them part of the contract)
but you would then have difficulty claiming them for two reasons (1.
because there was no information on them at the start of the contract,
and 2. if they were penalty charges).

-- 
Peter Saxton from London
peter@petersaxton.co.uk