Bank Charges Reclaiming Guide discussion

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  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
    fudgecreep wrote: »
    Hello everybody, my son has a bit of a problem, he had a natwest account and used it to pay his mobile phone bill, one month a payment went into an unauthorised overdraft for one day because of a problem with his wages, he phoned up but had no luck getting the fee waived so he decided to not use the account any more and changed his mobile phone bill to come out of another account, somehow he became £4.55 overdrawn again but because he had decided not to use the account anymore he knew nothing about it till the other day when someone came round to 'ask' for the money, not a bailiff but someone from the bank, we then discovered he has been charged £270 in fees so we phoned up the bank to see what could be done, again no help but we said we would write to them asking for the fees to be waived and had no intention of paying and would go to the ombudsman etc excessive fees and all that, a letter then arrived dated after the phone call stating everything we had already discussed on the phone and asking for a response within 28 days and charging another £30 for the letter. Is he likely to get anywhere with this with the ombudsman or the bank???

    Has your son explained why exactly the bank refused to refund the charge when he asked? They usually do for a 'first offence' ;)

    Has your son explained how the account somehow became overdrawn again by £4.55? If he says he doesn't know, get him to enquire from his bank.

    Has you son explained what happened to all the usual statements and other correspondence that a bank normally regularly sends where he would have been advised of the charges mounting?
    It would not be normal for the bank to spend a small fortune in sending a personal caller to the last known address unless all other attempts (typically via mail, phone and sometimes email) have already failed.

    The ombudsman will not order any refund, but may at best ask the bank to reconsider their stance. Expect it to take months and months, during which time more charges will accrue and you son's credit rating ruined (if not already). As the bank have already refused any refund, I doubt they will change their stance unless your son can provide a valid reason for them to do so.

    Unless your son gets to grips with the reality of the situation, this could adversely affect him for many, many years to come. I suggest you try talking to him ... but I realise it's not always easy with teenagers.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • I hold a business and a current account at my local branch, over the past 5 years I have been charged many many times from my current account for going slightly over my overdraft, each time I have had the funds available in my business account but due to this being a ltd company account I can never transfer money from one account to the other via the phone. (I often work in remote places for a week at a time that are no where near any banks).
    I have asked and asked many many times if there is a facility that allows me to be able to transfer and cover any DD's that are coming out but the only option I have been given is Internet banking, this is not always something I have access to. I have today been told there is a facility called signal numbers that I can set up and this would allow me to transfer via the phone. This is the first time I have been made aware about this and if I would have known I could have covered the DD's every time and saved myself being charged over the past 5 years!!
    Can anyone advise me if I would be able to claim my charges back?
    I can prove I have had funds available every time in my business account but just not a facility to transfer.
    I find it unfair that I should be charged when its the bank who are letting me down by not making me aware of there facility's.
    I have also had 5 different bank managers over the time Ive been with them, and now find out there will be no business manager at my branch but one from another branch comes in once a week. I'm starting to wonder what I pay the business fees for.
  • nat21luv
    nat21luv Posts: 3,434 Forumite
    First Anniversary Name Dropper First Post Cashback Cashier
    TDL_Ltd wrote: »
    I hold a business and a current account at my local branch, over the past 5 years I have been charged many many times from my current account for going slightly over my overdraft, each time I have had the funds available in my business account but due to this being a ltd company account I can never transfer money from one account to the other via the phone. (I often work in remote places for a week at a time that are no where near any banks).
    I have asked and asked many many times if there is a facility that allows me to be able to transfer and cover any DD's that are coming out but the only option I have been given is Internet banking, this is not always something I have access to. I have today been told there is a facility called signal numbers that I can set up and this would allow me to transfer via the phone. This is the first time I have been made aware about this and if I would have known I could have covered the DD's every time and saved myself being charged over the past 5 years!!
    Can anyone advise me if I would be able to claim my charges back?
    I can prove I have had funds available every time in my business account but just not a facility to transfer.
    I find it unfair that I should be charged when its the bank who are letting me down by not making me aware of there facility's.
    I have also had 5 different bank managers over the time Ive been with them, and now find out there will be no business manager at my branch but one from another branch comes in once a week. I'm starting to wonder what I pay the business fees for.

    I doubt it, a few years ago you could of but now you have to prove financial hardship. Im sure someone will be along soon to explain it properly! Have a read of Martins 'Claiming Charges Guide'-you'll find it under the 'Reclaim £1000's' tab at the top of the page. Hope this helps!
    £20k in 2023 = £2718 £2023 in 2023 = £196.41 Grocery challenge £250= £195.80 **MONEY MAKES ME HAPPY**
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
    TDL_Ltd wrote: »
    ...due to this being a ltd company account I can never transfer money from one account to the other via the phone.
    Why not? :huh:

    As long as you have telephone banking set up (most banks allow this) and you have the required access passwords etc, then you can transfer money out of the account to any other account you want

    TDL_Ltd wrote: »
    ...I have asked and asked many many times if there is a facility that allows me to be able to transfer and cover any DD's that are coming out but the only option I have been given is Internet banking, this is not always something I have access to.

    You can't set up DDIs yourself; this is something the originator (the organisation collecting the money) does with your permission.

    Probably easier to ensure there are sufficient cleared funds in the account that is going to be debited than keep asking for DDIs to be changed.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • lucia85
    lucia85 Posts: 27 Forumite
    I applied to Lloyds over a year ago fregarding my charges, i had just lost my job was a single parent and was on income support, no matter what i gave them they still refused to pay anything back.
    I gave them one last chance again this year before going to the ombudsman with my complaint...i was on here the other day to find that some had recieved over £1000 pound from them this month after having a rant at them down the phone this bank is a joke! i stopped using them in March this year due to poor service and then had a letter in october saying i had charges so they were closing my account, when iv asked what the charges are for they cant answer as i told them i was not banking with them.
    Iv never known a bank to offer such poor customer service and hope that now my case is with the ombudsman something gets done as im willing to take this all the way now.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
    lucia85 wrote: »
    ... i stopped using them in March this year due to poor service and then had a letter in october saying i had charges so they were closing my account, when iv asked what the charges are for they cant answer as i told them i was not banking with them.
    Iv never known a bank to offer such poor customer service and hope that now my case is with the ombudsman something gets done as im willing to take this all the way now.

    Good luck! ... but I honestly don't think you'll need any.

    I feel confident the ombudsman will ensure the bank provides an explanation for the charges they have made :)

    Did you raise a formal complaint with the bank over this matter? If not, all the FOS will do at best at this time is pass your complaint to the bank. If you did, I am really surprised that the formal response was that they could not explain the recent charges on the account, yet didn't remove them either.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • I put a claim into court in April 2007 against Abbey National for bank charges going back to 2001. Total of charges was £ 6542.94 with an addition claim for £ 1337.16 interest. The case like many others was put on hold pending the outcome of the OFT test case.

    Of course since the result of that case Santander have triumphantly sent several letters informing me politely that I am !!!!!!ed and that on the basis of the test case there is no claim to answer.

    I refuse to give up on this - so what do I do next. Do I write to Santander under the hardship route, or do the same back at court or can I go via the complaints procedure with the FOS even though my original claim was via the County Claims Court??:undecided

    Tommo

    :mad: won't let the !!!!!!s get me down!
  • zppp
    zppp Posts: 2,476 Forumite
    I refuse to give up on this - so what do I do next. Do I write to Santander under the hardship route, or do the same back at court or can I go via the complaints procedure with the FOS even though my original claim was via the County Claims Court??:undecided

    Tommo

    :mad: won't let the !!!!!!s get me down!

    Hi there

    If you try and go down the financial hardship route, you may as well forget claiming in excess of £7k. Most banks that agree with financial hardship may look to do some kind of refund, but it only equates to approximately the last 6 months of charges.

    My understanding is that because you have gone to court, your case cannot be looked at by the FOS and is barred. Premier can you confirm?
    We will not usually handle a complaint which has already been considered by a court (or where court action is due to take place).

    Not only that, but courts don't consider financial hardship. I suggest that you have a look at the financial harship sticky on the top of this forum, as it gives some possible examples of hardship. If you do fall within, Sanatander may ask you to withdraw your court claim also.
    Best Regards

    zppp :)

  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
    zppp wrote: »
    ...Premier can you confirm? ...

    That is correct. The FOS will not consider claims that are, or have been, subject to a court based claim.

    Hoiwever, I not sure what the poster is now planning; I'm not sure the poster knows either.
    It sounds thought a new claim based on financial hardship is being suggested. If so, this sounds like they are hoping to use the financial hardship route as a loophole to have the case heard when it would otherwise be dismissed. That won't work either.

    If the poster was in financial hardship at the time the original claim was made to the court, then they could have prevented the case being stayed as there was a waiver in force at the time. Chances are they would probably have got paid out via an out of court settlement.

    If the poster is claiming financial hardship now rather than up to 10 years ago when these charges accrued, then as you say, they should forget it.

    I suppose, assuming the original court claim has not yet been struck out, the poster could always try and get the POC of the original court claim modified in line with the latest MSE guide to reclaiming via court and see how they get on :D
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • I really do hope so,yes i complained to them (lloyds) on more then one occasion but got the same reply from them and on times iv been in the bank questioning something i seen a message on my account saying i met the terms for Financial hardship but still no help so hope this works. will keep all updated.
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