Bank Charges Reclaiming Guide discussion

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  • hernebaylooby
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    hi, im in need of some help. I wish to claim back my bank charges but im not sure how to get started. A few months ago i went over the over draft and was charged 3 x £35 (charge for paying the direct debit) and 3 x £25 ( for going over the over draft) so a total of £180 i was not notified of this until my statement arrived 3 weeks later and they took the money out a week later after that i got stuck in the trap of recieving these bank charges every month to the point im now struggling to npay the bills infact 1 hasnt been paid for 3 months i have no idea how im going to pay. I phoned santander today when my bank statement came in and i phoned them saying i wanted to claim back my charges and all they offered was to settle my charges that were due to come out. But to be honnest im not happy with that they have had over £700 in 5 months in charges. Does anyone have any links to the form on here as i cant find it or any advise? thanks x
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
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    hi, im in need of some help. I wish to claim back my bank charges but im not sure how to get started. A few months ago i went over the over draft and was charged 3 x £35 (charge for paying the direct debit) and 3 x £25 ( for going over the over draft) so a total of £180 i was not notified of this until my statement arrived 3 weeks later and they took the money out a week later after that i got stuck in the trap of recieving these bank charges every month to the point im now struggling to npay the bills infact 1 hasnt been paid for 3 months i have no idea how im going to pay. I phoned santander today when my bank statement came in and i phoned them saying i wanted to claim back my charges and all they offered was to settle my charges that were due to come out. But to be honnest im not happy with that they have had over £700 in 5 months in charges. Does anyone have any links to the form on here as i cant find it or any advise? thanks x
    There's a link in the OP explaining how to attempt to reclaim bank charges, including advice/suggestions on how to compose your letters/claims. ;)

    Have a read of it and let us know if you need any specific help from there :)
    "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
  • Dada_2
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    I made claim on 4 Dec 2010. On 15 Jan 2011, I called the Halifax Head Office if they have recieve my letter, they told me no. And they advised me to go my nearest haifax branch with an ID. I am yet to go there. Any advise on what I should be asking for when I go there.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
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    Dada wrote: »
    I made claim on 4 Dec 2010. On 15 Jan 2011, I called the Halifax Head Office if they have recieve my letter, they told me no. And they advised me to go my nearest haifax branch with an ID. I am yet to go there. Any advise on what I should be asking for when I go there.

    Did you not send your claim by recorded delivery?
    How about Proof of postage?

    If you used either of these, make a claim for lost, stolen or otherwise non-delivered post to Royal Mail.

    Also send another copy to Halifax, this time by recorded delivery.

    Don't bother wasting time going into a branch to claim for a refund of bank charges.
    "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
  • Well, I'm up to my overdraft limit and unemployed so I thought I may aswell give this a go and have requested a list of all transctions on the account. I did this by phone and the nice lady was most helpful but was keen to suggest that I was asking for statements and that there would be a charge of 10 pounds.
    However, I do have a large outstanding credit card balance from the same bank that has not been serviced for some time. How would this affect things?
    I see from a reply above that it could well go against me.
  • zppp
    zppp Posts: 2,476 Forumite
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    Well, I'm up to my overdraft limit and unemployed so I thought I may aswell give this a go and have requested a list of all transctions on the account. I did this by phone and the nice lady was most helpful but was keen to suggest that I was asking for statements and that there would be a charge of 10 pounds.
    However, I do have a large outstanding credit card balance from the same bank that has not been serviced for some time. How would this affect things?
    I see from a reply above that it could well go against me.

    In terms of your current account, banks are only really looking at hardship at the moment. Re your credit card, if you reclaim, it is very likely to go towards the balance of the card if you are successful, as banks have the right to offset.
    Best Regards

    zppp :)

  • Archaeopteryx
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    millynmile wrote: »
    hi can anyone help. i have just received a letter from santander that they have recently wrote to the court to request that it considers making a unless order in respect of my claim. they wrote to the court on 17th dec sent out the letter 24th dec was date stamped 29th dec and i received it on the 31st dec they are giving me 6wks from the the court request to respond. has anyone else had one of these letters and if so can you understand it

    I've also just received this letter, and I'm afraid I don't understand it either, was hoping to find some advice on here about what to do next, it says 'It is ordered that: 1. Unless the Claimant files at Court and serves on the Defendant his amended Particulars of claim with a properly verified Statement of truth, which disclose reasonable grounds for continuing with the Claim, within six weeks from the date of this Order, then the claim will be struck out without further notice. 2. This Order has been made without a hearing under the Court's case management powers contained in the Civil Procedure Rules, Part 3. You may within 7 days of the service of this Order apply to the Court to set it aside or to vary the Order pursuant to Rule 3.3(5) of the Civil Procedure Rules. If you do so, you must file with the Court and serve on the other parties an application that sets out your reason for objection. Please can anybody help, what does all this mean? Mine is also dated 17th December, and I received it in the post last Friday, i.e. 19th January!!
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
    edited 23 January 2011 at 10:46PM
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    ... Please can anybody help, what does all this mean? ...

    The poster you quote has a thead of their own that has posts you may find useful here:
    http://forums.moneysavingexpert.com/showthread.php?t=2986008

    Your claim is about to be struck out (cancelled) unless you file a new PoC. The MSE guide to reclaiming bank charges via court explains how you may wish to do this ... but read the article carefully including the risks. Be aware no one has yet reported any success in court following the suggested alternative PoC.
    "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
  • Mizzy_2
    Mizzy_2 Posts: 24 Forumite
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    Hi,

    I just requested all my bank statements since 2004 when I first opened my current account. I've received loads of charges but majority of the last year charges have been excused by the bank as due I simply can't afford it (being a student). Can I reclaim charges back since 2004? Does the financial ombudsman charges or who are they and their contact details? I also £600 overdraft which I still havent able to pay after a year :O Can you get help with that too?
    Many thanks in advance.
    X
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    Combo Breaker First Post
    edited 26 January 2011 at 8:13PM
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    Mizzy wrote: »
    Hi,

    I just requested all my bank statements since 2004 when I first opened my current account. I've received loads of charges but majority of the last year charges have been excused by the bank as due I simply can't afford it (being a student). Can I reclaim charges back since 2004? Does the financial ombudsman charges or who are they and their contact details? I also £600 overdraft which I still havent able to pay after a year :O Can you get help with that too?
    Many thanks in advance.
    X

    I would suggest you read and digest the article in the OP.
    (as I think I've suggested to you before ;))

    It explains mainly how to reclaim charges based on financial hardship (what it refers to as the human argument).
    There's a stickt thread about financial hardship online resources that you should also read to fully understand what financial hardship is really all about.

    Claims based on financial hardship, even if accepted by the bank, do not place any liability on the bank to refund any of the charges incurred. The FOS cannot order that either, but can only assess whether or not the bank has acted positively & sympathetically towards those customers who have genuine financial hardship claims. Where the FOS considers the bank not to have acted in this way, they would ask the bank to reassess the claim more appropriately.

    Reports from other MSE'ers who have recently been succesful in reclaiming bank charges based on genuine financial hardship indicate banks are only usually willing to consider at most refunding charges from the last 6 months (but don't let that stop you from claiming for the last 6 years)

    There is no charge to the consumer to use the FOS. If you google them, you will find their website with details about them and how to contact them.

    If you don't qualify under financial hardship, then there is a link in the article to a further MSE article on reclaiming banks charges in court. The FOS will not consider the arguments contained in that article, so when the bank refuse (and they will is using those arguments) your only option would be to attend court. You should note the risks contained in this later article in attempting to pursue such claim and note that no one to date has reported any success in court attempting to do so.

    If you've borrowed money, you'll have to repay it. Speak to your bank who should be able to give advice about this and perhaps offer you a more appropraite product to help (as it doesn't sound like an overdraft is the most appropriate for your circumstances)

    You might also want to think about posting on the DFW board, where, if you post your SoA details, you'll probably get lots of good advice on becoming debt free. :)
    "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
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