Kiwibank responds to exception fees law suit arguing customers failed to take steps to prevent the fees and it has a 'right of set off' from loss or damage

Kiwibank responds to exception fees law suit arguing customers failed to take steps to prevent the fees and it has a 'right of set off' from loss or damage

By Gareth Vaughan

Kiwibank says customers claiming money through Fair Play on Fees' representative legal action over so-called exception fees effectively acquiesced to the fees by failing to take steps to prevent their occurrence and/or recurrence.

In a statement of defence similar to ANZ's, Kiwibank also argues it has a "right of set off" from loss or damage it suffered through the events that caused it to charge the fees.

This is an abridged version of this article. The full version was published in our email for paying subscribers. See here for more details and how to subscribe.

We welcome your help to improve our coverage of this issue. Any examples or experiences to relate? Any links to other news, data or research to shed more light on this? Any insight or views on what might happen next or what should happen next? Any errors to correct?

We welcome your comments below. If you are not already registered, please register to comment.

Remember we welcome robust, respectful and insightful debate. We don't welcome abusive or defamatory comments and will de-register those repeatedly making such comments. Our current comment policy is here.