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Reclaim Unfair Bank Charges article discussion Part II

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  • Hopeful1
    Hopeful1 Posts: 2,076 Forumite
    My bank account (Natwest) has been frozen and passed to a debt collection agency.

    Basically, I am disabled and had to give up work so I have ended up surviving off minimal benefits. I'm not complaining but I was completely unable to keep up with bank charges of £38 for a returned S/O then £26 on top of that "maintenance fee" which took me overdrawn so add an extra £28 plus interest............etc etc etc

    Over the past 3 years I managed to bounce back and forth between being overdrawn on my overdraft and living just inside the limit. Then it all went haywire somehow and I ended up with £500 of charges on a £1000 overdraft and because I couldn't pay them the £100 per month they wanted (I offered £20 which would have left me pretty destitute but they refused), it all got passed over to collections.

    So, can I put in a claim for bank charges even if the account is no longer technically mine or active?

    I'm planning on filing for bankruptcy on the advice of debt counsellors but that has to wait until I can save up for the legal fees.

    They really are ruthless aren't they? I would say you are likely to qualify to reclaim via the hardship rules. As i always advise contact FOS, as they can guide you in the right direction. If you have a look on this site, somewhere there will be info about the hardship rules. I also suggest that you sign up to the consumer action group forum as they have lots of info. I remember reading something that forum about banks not being able to charges out of benefits.
    One step at a time ;)
  • Hopeful1
    Hopeful1 Posts: 2,076 Forumite
    Useful links, just click on them to be taken to the website:

    National debtline - free, reputable service

    Consumer Credit Counselling Service - free, reputable service

    Citizens Advice Bureau

    Financial Ombudsman Service
    One step at a time ;)
  • rob3002 wrote: »
    If everyone managed their accounts properly in the first place you wouldn't get charged, I have never incurred a bank charge in my life! No wonder the banks are in trouble, everyone is taking advantage.

    Well said Rob3002 - don't you think you are being just a little bit smug here?
    If the banks managed their affairs responsibly in the first place they would not have needed bailing out by us. I think they ought to keep in mind, as Gordon Brown said recently, that they are the 'servants' and we are the customers. Of course, everyone would like to stay in credit all the time, but you have been LUCKY or were rich enough to never need the Banks' so-called services. I bet you'd be among the first to cry foul and complain if you were ever charged. So in fact, you are taking advantage of the poor Banks by not ever being charged and allowing them to take your money without permission. However, since these charges are proven to be illegal and unfair, you have taken sides with the thieves. Do you work for a Bank, I wonder? If not, then you should apply now as there is always room for another sycophant.

    'There but for fortune go you or I'
  • nova
    nova Posts: 351 Forumite
    Written to Lloyds TSB asking for six years statements using form letter template 19/02/2009. Also after HSBC, CapitalOne, credit cards and others to follow. Will keep you all updated how things pan out. Confident that I will win and prepared to go the full distance. Absolutely fed up with the arrogance and patronising attitude displayed by these proven thieves. For example, got a letter from HSBC after missing a payment, enclosing a leaflet entitled "Putting your finances in order and managing financial difficulties" Hahahahhah. I returned the leaflet explaining that I thought it would benefit them more than me as I have not lost £billions by mismanagment of my finances. In fact, my financial problems are entirely due to being robbed blind by them. So look out banks, we are on your case now.

    Hi Thanx,
    Welcome to our forum. Well said, l could'nt have put it better myself. Actually l was thinking this morning that if the court case goes in our favour, purely hypothetically, do you think we could sue the banks for gaining money by deception or theft after all if it proves that the charges are unlawful, then for all this time they've been fraudulantly been taking money fom our accounts, or does that sound stupid am l just having a blonde moment?!!!!
    What do you think?
    Nova X
  • Hi this is my first time so sorry if im doing it all wrong. Just need some advice on my situation. Made a bad business venture and ended up in the creek without a helping paddle ie very close to bankruptcy. So situation is, a lot of debt and untold charges to several accounts i have. Contacted Churchwood Financial to consolidate my debts in March 08, all of which total to apprx £40k for which i am paying £240pm. I have a overdraft, a personal loan, and a credit card debt with Halifax. RBS are not too happy with either as i have cc, loan, and two od accounts with them. All of these debts are with the Churchwood scheme. What i'd like to know is am i in a position to claim back the charges the two banks have imposed on all these accounts over the past five years or am i just dreaming? Any response to my problem would be very appreciated.
  • Hopeful1
    Hopeful1 Posts: 2,076 Forumite
    vic4 wrote: »
    Hi this is my first time so sorry if im doing it all wrong. Just need some advice on my situation. Made a bad business venture and ended up in the creek without a helping paddle ie very close to bankruptcy. So situation is, a lot of debt and untold charges to several accounts i have. Contacted Churchwood Financial to consolidate my debts in March 08, all of which total to apprx £40k for which i am paying £240pm. I have a overdraft, a personal loan, and a credit card debt with Halifax. RBS are not too happy with either as i have cc, loan, and two od accounts with them. All of these debts are with the Churchwood scheme. What i'd like to know is am i in a position to claim back the charges the two banks have imposed on all these accounts over the past five years or am i just dreaming? Any response to my problem would be very appreciated.

    I can't remember if you can claim on business accounts? I suspect the answer is not. However, have a look around this site or as i always say, ring FOS! You can but ask. I've posted a link for FOS a few posts up.
    One step at a time ;)
  • Well said Rob3002 - don't you think you are being just a little bit smug here?
    If the banks managed their affairs responsibly in the first place they would not have needed bailing out by us. I think they ought to keep in mind, as Gordon Brown said recently, that they are the 'servants' and we are the customers. Of course, everyone would like to stay in credit all the time, but you have been LUCKY or were rich enough to never need the Banks' so-called services. I bet you'd be among the first to cry foul and complain if you were ever charged. So in fact, you are taking advantage of the poor Banks by not ever being charged and allowing them to take your money without permission. However, since these charges are proven to be illegal and unfair, you have taken sides with the thieves. Do you work for a Bank, I wonder? If not, then you should apply now as there is always room for another sycophant.

    'There but for fortune go you or I'

    Couldn't have put it better myself!
  • jennyo wrote: »
    Bank Natwest
    Amount reclaimed £3496
    Amount paid £2652

    I had all the statements going back six years, as it is a business account.
    Sent a template letter on 22.01.09,
    Received letter 5.2.09, to say they were looking into it and would take 6-7 weeks.
    Received a letter 6.2.09 (the next day) with an offer of £2652, after considering it overnight, sent the acceptance form back the next day.
    13.2.09 - checked my balance this evening and the money is in my account.
    Big thanks to Martin and all on this website, reading others success stories made me reclaim, but I didn't expect a result so quickly, I didn't even realise until after sending in the claim business accounts are not covered by the court case.
    Good Luck to you all

    Hi

    can you let me know if you claimed 'financial hardship' as i'm currently claiming and they've fobbed me of with the court case delay tactics?

    Thanks
  • Numpty_Monkey
    Numpty_Monkey Posts: 14,196 Forumite
    10,000 Posts Combo Breaker
    spammer cheapnike reported
    PROUD TO BE DEALING WITH MY DEBT NERD #869
    Numpty,Not sure why but I'm crying :o . Of all the peeps on this board you're the kindest & most supportive of all & I'm :mad: & :( for you all at the same time . Wish I was there to give you a big :grouphug: & emergency hobnobs
    xx
    DFD 5/1/16
  • jennyo
    jennyo Posts: 422 Forumite
    clanger69 wrote: »
    Hi

    can you let me know if you claimed 'financial hardship' as i'm currently claiming and they've fobbed me of with the court case delay tactics?

    Thanks

    No I didn't, but it is a business account, which is not covered by the court case, something i didn't realise until after I had sent off my first letter.
    Good luck with your claim
    Debt Free Dec 2009
    non-smoker 19th Nov 2010
    Trying to lose weight 40lb/42lb

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