Bank Charges Reclaiming Guide discussion

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  • dunstonh
    dunstonh Posts: 116,548 Forumite
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    You mention there's nothing relevant in referencing the other payouts but also suggest the same payouts influence the hardship argument.

    But they have already had refunds. Unless they have a direct relationship then they are not linked. It is possible in some cases but its hard to show as most PPI or account charges are small amounts each month. e..g if the PPI or account charge was £20 that month but she was over limit by £200 then she was still going to suffer the charges with or without those.

    The bank is meant to consider the impact of redress against charges to see if any should be refunded as part of the PPI redress. If you feel they havent done this then you could raise that point.
    They all fall under the same remit here don't they

    No. Each of those is independent of each other.
    I find it hard to accept that because of help from family or by obtaining more credit you are considered no longer in hardship.
    But that is how it is.
    Also, why is "current" relevant? If the complaint can go back 6 years that's not current. the worst of it was 3-4 years ago and has only improved by the fact the bank admitted wrongdoing in other aspects of their behaviour.

    There is no 6 year rule here. Also, it is not a complaint. Bank charges are considered legal and fair and a contractual event. Financial hardship is a goodwill gesture from the bank towards people that are suffering currently. It also does not have to include any refund. Frequent options offered to those in current hardship is suspension of interest and charges for the next 6 months or putting the person onto a debt repayment plan. Refund of recent charges (which tend to be 3-12 months worth when it does happen) is just one of the options.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • -taff
    -taff Posts: 14,561 Forumite
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    She can still make a complaint if she is in current hardship with her overdraft and a sprial of worsening debt.
    However, she should have no extras on her DD's for sky or similar.
    Shampoo? No thanks, I'll have real poo...
  • toobs1981
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    for years I have had a simple checking account with halifax. for a lot ofor this time I 2 as receiving benefits. if I had a failed direct debit I would be charged £10 by the bank, this charge would take me overdrawn and as I did not have an overdraft agreement (checking acc) I would also be charged for an unauthorised overdraft and charged additional weekly charges for every week I was overdrawn. the full totAl was then taken from my benefits.and this would happen every month or so.....can I get any of these money's reimbursed? I am no longer on benefits or in hardship but do still have the same account. what should my first steps be?......any help would be appreciated...thanks
  • toobs1981
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    for years I have had a simple checking account with halifax. for a lot ofor this time I 2 as receiving benefits. if I had a failed direct debit I would be charged £10 by the bank, this charge would take me overdrawn and as I did not have an overdraft agreement (checking acc) I would also be charged for an unauthorised overdraft and charged additional weekly charges for every week I was overdrawn. the full totAl was then taken from my benefits.and this would happen every month or so.....can I get any of these money's reimbursed? I am no longer on benefits or in hardship but do still have the same account. what should my first steps be?......any help would be appreciated...thanks
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    toobs1981 wrote: »
    can I get any of these money's reimbursed? I am no longer on benefits or in hardship
    No. They would only help if you were in current hardship.
  • christied26
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    After reading your article on mis-sold Barclays account bank charges we filled in the online application to get money back for my partners account. He had been wrongly paying since the age of joining with Barclays (16) and never wanted/used the package benefits that were forced upon him when he signed up. Just had £1400 back from them as an apology and we did nothing other than fill in the online claim form. A MASSIVE THANK YOU MSE
  • Simon_123_
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    Who can go to the Ombudsman?

    The Ombudsman has said it will only look at cases based on ‘fairness' criteria – in other words, if you have been harshly or unfairly treated. It's specifically noted three different situations where it may take up cases.

    They can either apply to your situation now, or at some point in the past. Importantly, if you're no longer in hardship, the Ombudsman will look at how your bank treated you at the time and whether you're still struggling. To help your case, you should have contacted your bank for help when you had the difficulties.

    Sounds like you could still claim even if you are now financially stable. I hope so because I'm trying to claim back nearly £3000 over a 3 year period 12-15. I'll let you know how I get on.
  • matti128
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    Hi,

    I appealed to my bank a few years ago re a mis-sold bank account (NatWest). I then forgot about it as I didn't get a reply. I tried to this again last year and was told to appeal to the Financial Ombudsman. However, as I had already complained the year earlier, I was told that my time to appeal had gone and I was unable to make the appeal to the ombudsman and couldn't open a new case as it had already been looked at by the bank who rejected the initial case.

    How can I open a new case (for the same account) so I can make my appeal to the ombudsman where I am sue, based on others stories, I have a very good chance of winning?

    Thanks in advance for any suggestions.
  • dunstonh
    dunstonh Posts: 116,548 Forumite
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    Sounds like you could still claim even if you are now financially stable. I hope so because I'm trying to claim back nearly £3000 over a 3 year period 12-15. I'll let you know how I get on.

    If you are not in current financial hardship then you will not meet the current financial hardship criteria.

    If you are in current financial hardship, the bank will consider a range of solutions. One of these is refunding some charges but it is not the only solution available. They can include suspension of charges for the next x months or putting you on a debt management plan.

    When a refund of charges is offered by the bank, it tends to the last 6-12 months worth. They have been known to go back further but it depends on the severity of the current financial hardship.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dunstonh
    dunstonh Posts: 116,548 Forumite
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    matti128 wrote: »
    Hi,

    I appealed to my bank a few years ago re a mis-sold bank account (NatWest). I then forgot about it as I didn't get a reply. I tried to this again last year and was told to appeal to the Financial Ombudsman. However, as I had already complained the year earlier, I was told that my time to appeal had gone and I was unable to make the appeal to the ombudsman and couldn't open a new case as it had already been looked at by the bank who rejected the initial case.

    How can I open a new case (for the same account) so I can make my appeal to the ombudsman where I am sue, based on others stories, I have a very good chance of winning?

    Thanks in advance for any suggestions.

    This thread is not about packaged bank accounts.

    However, in answer to your question, you do not get to open a new case. Its game over.

    Also, you do not have a strong chance at the ombudsman. They reject most packaged bank account complaints. Indeed, the uphold rate is running at around just 16%.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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