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  • kittylediver
    Bank charges
    Hi, great site, thanks Martin. I first claimed (3.336.00) back last year as I'm in financial hardship, (my partner of 28yrs has left me, my contract with the college I taught at has been cancelled due to ill health, and I'm struggling to try and pay my mortage and utility bills when all I receive is incapacity benefit of 89 pounds and a 2 pound "top-up" of income support).
    I received a letter back from Abbey last week saying they're very sorry but due to the recent outcome my claim has been rejected and as far as they're concerned the matter is now closed.
    I don't really know what to do next, as I've been refused - do I go straight to the ombusman or write to the Abbey stating my intentions?
    Thanks in advance for any advice. Kitty.
  • Tino
    Kitty - if you go to the step by step guide, just above step 4 (http://www.moneysavingexpert.com/reclaim/bank-charges#step4), the last paragraph of step 3 tells you what to do after receiving a rejection letter.

    Hope that helps.
    Tino
  • loulou21
    lost original claim letter
    Hi guys help needed!!!!!!

    Ive moved home since starting my dispute with the bank back in 2007. I have looked high and low and i can not find my old letters that i sent and old bank statements that were went to me. I can only remeber a ball park figuire as to what i was wanting to claim. .... Can i send a letter back to the bank within the 8 week time frame saying that i will be taking it further and can i have my charges from 2001??? Obviously i need to do this so i can go further???? Please help!!!!!
    Originally posted by miss-ripped-off
    I am having the exact same problem and can't find any record of my original claim. I have recieved a letter back from the bank on 15th Jan stating I have 8 weeks to reply or case will be closed, I have called them today and stated i would like to take this up with the Ombudsman but do not have the original claim letters...
    is it posssible to do anything about this... i am now a student and in great financial hardship and desperatly could do with the charges back
    Please can anyone help I have ref from the bank of my complaint but nothing else
  • the black cat
    I have ref from the bank of my complaint but nothing else
    Originally posted by loulou21
    I have a letter too that holds a reference number to my claim, Martins template states you should include a list of charges again but I assume the bank has this on file under the said reference anyway.

    I had all charges and previous templates saved to my P.C. but had a virus which wiped everything (which could have well come off this site as it was at the time of Martins warning about there being one on here!!!)

    I have a hard copy of those charges worked out on the bank charges calculator but may not include them with the letter as the bank have had them already and hold the said reference number so they should be able to look at the correspondence we sent originally!
  • loulou21
    do i need to send a copy to ombudsman?
    Thanks for the advice..
    I'm now at the stage of contacting the Ombudsman ...do I need to have original copies to send them or is a reference satisfactory???
    • chrisharri
    • By chrisharri 4th Feb 10, 6:40 PM
    • 83 Posts
    • 40 Thanks
    chrisharri
    I'm no longer in financial hardship, but 2004/2005 I was, but I didn't reclaim. Can a hardship claim be back dated?
  • Tino
    Chrisharri - see my response from natweststaffmember to a similar question:

    The early indications from the FOS is that they will not look at a closed account on current financial hardship grounds because the account is not causing hardship today. However on my signature is the lending code(please read chapter 9). I would contact your creditors(those who you owe money to) and see what help they can give.
    If you can show the bank you have taken all steps to try to reduce outgoings and to make arrangements with creditors and it is still not working then I cannot see any reason why the bank would not make an offer on that basis but this would be with your current account provider rather than one that is closed.
    Originally posted by natweststaffmember
    Tino
    • chrisharri
    • By chrisharri 4th Feb 10, 6:52 PM
    • 83 Posts
    • 40 Thanks
    chrisharri
    Chrisharri - see my response from natweststaffmember to a similar question:
    Originally posted by Tino
    Thanks Tino, I will try to reclaim using the legal route then.
  • the black cat
    Thanks Tino, I will try to reclaim using the legal route then.
    Originally posted by chrisharri
    My thought is everyone should take this route anyway and forget the 'cap in hand routine'!

    Every avenue of the law should be exhausted before we give up!
  • Pete3024
    Hardship of old - help required!
    With regard to going to the ombudsman with the "hardship" approach. Where do we stand if we have now overcome the hardship, but were in hardship at the time of receiving extra charges etc? Is this still the route to take, or does the hardship have to be "current"?
  • Griffsky
    totally confused
    I put my claim in back in 2007 - bank made me a silly offer of £200 when I was reclaiming well over £1500. After refusing this I suppose I had the same standard letter as everyone else and sat back and waited for a result. Last week i received a letter from Barclays saying after the recent judgement my case was now closed - is this right? is this the end of my fight because I am not really suffering hardship?
  • Tino
    Pete - see my response from natweststaffmember to a similar question:

    The early indications from the FOS is that they will not look at a closed account on current financial hardship grounds because the account is not causing hardship today. However on my signature is the lending code(please read chapter 9). I would contact your creditors(those who you owe money to) and see what help they can give.
    If you can show the bank you have taken all steps to try to reduce outgoings and to make arrangements with creditors and it is still not working then I cannot see any reason why the bank would not make an offer on that basis but this would be with your current account provider rather than one that is closed.
    Originally posted by natweststaffmember
    Tino
  • sallylavell
    Similar question to above query. I put a claim in for my son in 2008 and then changed it to a hardship claim last year that was totally ignored. HSBC passed his debts to a debt collecting agency - he still owes them £1500 which is about what he has overpaid in charges. I have received a letter from hsbc saying they are not refunding. My son is in the army now and isn't in hardship any more but it grieves me that he still has to pay this money when he should never have been charged it - do you think I can pursue a claim now he is working?
  • Wispa1
    Hi all,

    I am a bit confused as to where I stand so any help would be appreciated. I had a previous hardship claim with lloyds who disagreed on my grounds of hardship (as they always do), I went to the Ombudsman who sided with Lloyds as they had closed the account & therefore believed that Lloyds had done the right thing. Anyway, I obviously want to reclaim these charges so do I go first go to the bank again via the "human" route, the legal route or do I go straight to the Ombudsman? Any advice would be greatly appreciated. With many thanks in advance.
  • natweststaffmember
    With regard to going to the ombudsman with the "hardship" approach. Where do we stand if we have now overcome the hardship, but were in hardship at the time of receiving extra charges etc? Is this still the route to take, or does the hardship have to be "current"?
    Originally posted by Pete3024
    The fact remains that financial hardship claim with the ombudsman have not changed pre or post Supreme Court decision. I have an email from someone who I have spoken to at the FOS confirming this. The approach is still the same as during the OFT test case. It should be about current hardship rather than past hardship with regards to financial hardship claims.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • natweststaffmember
    Hi all,

    I am a bit confused as to where I stand so any help would be appreciated. I had a previous hardship claim with lloyds who disagreed on my grounds of hardship (as they always do), I went to the Ombudsman who sided with Lloyds as they had closed the account & therefore believed that Lloyds had done the right thing. Anyway, I obviously want to reclaim these charges so do I go first go to the bank again via the "human" route, the legal route or do I go straight to the Ombudsman? Any advice would be greatly appreciated. With many thanks in advance.
    Originally posted by Wispa1
    If it is the same arguments as before with regards to financial hardship then nothing has changed. martin is posting up a bank charges reclaiming guide to go to the court route. That is where your interest will be in then.
    If you have current financial hardship then your current account provider today is who you should be asking about this route.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • natweststaffmember
    I put my claim in back in 2007 - bank made me a silly offer of £200 when I was reclaiming well over £1500. After refusing this I suppose I had the same standard letter as everyone else and sat back and waited for a result. Last week i received a letter from Barclays saying after the recent judgement my case was now closed - is this right? is this the end of my fight because I am not really suffering hardship?
    Originally posted by Griffsky
    Do you have priority debt arrears(mortgage/rent, council tax, utilities)?
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • natweststaffmember
    Natweststaffmember, would you be able to answer the above question? You do seem to know the ins and outs of it all!!! :-)
    Originally posted by danmc77
    You have probably caught me on my worst topic to be honest. My understanding is yes you can reclaim them on the same basis as bank charges.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • Premier
    My thought is everyone should take this route anyway and forget the 'cap in hand routine'!

    Every avenue of the law should be exhausted before we give up!
    Originally posted by the black cat
    In contrast I would suggest people don't even think about a court case until every other avenue has been exhausted.

    This is because (a) it usually doesn't cost anything unlike a court claim and (b) a court would have expected a plaintiff to have done so. If it can be proven the plaintiff didn't reasonably attempt to negotiate an acceptable settlement before bringing a case to court, the court may, even if the plaintiff were to win such a case, decide to award costs against them rather than in favour as is usual.
    Last edited by Premier; 04-02-2010 at 9:42 PM.
    "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
  • the black cat
    In contrast I would suggest people don't even think about a court case until every other avenue has been exhausted.

    This is because (a) it usually doesn't cost anything unlike a court claim and (b) a court would have expected a plaintiff to have done so. If it can be proven the plaintiff didn't reasonably attempt to negotiate an acceptable settlement before bringing a case to court, the court may, even if the plaintiff were to win such a case, decide to award costs against them rather than in favour as is usual.
    Originally posted by Premier
    Wouldn't a reasonable attempt be taken into count that I put a claim in before the test case then waited two years for a non satisfactory result? I also claimed the hardship route during that waiting time but as some of my debts weren't actually in my name I didnt qualify and decided not to send the IE back. I have managed my debts well over the last couple of years and have turned my financial hardship around, I am therefore not claiming on that basis. It's solely based on a point of law - are charges fair or not - if not give me my money back!

    Do you think the court would believe I haven't already done enough especially now I dont qualify for the 'human' (cap-in-hand) debate?
    Last edited by the black cat; 04-02-2010 at 10:10 PM.
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