Overdraft charges

Marcf6 · 16 November 2017 at 11:40AM

Hi

I need a bit of guidance please. I've been reading all the information regarding reclaiming unfair bank charges etc. I'm interested in doing so but I'm not sure if I should.
Basically I need to know before I write to the bank if have a case for a claim. My situation is this.. I opened my current bank account as an overseas student back in January 2001. I never asked for an overdraft, I didn't even know what it was back then! I can't even remember if I signed a document or agreed over the phone for it.
Thing is, I have been living in my overdraft for more than 15 years paying interest, charges, et
I asked my bank 3 days ago if I could have a copy of the terms and conditions I signed when I opened my bank account and the agreement for my overdraft but today they call me to say then can't find it.. they have only the records of me using my overdraft since January 2013!

Do you think I have a case?

If someone could give me some advise would be great.

Thanks in advance to any reply's

[Deleted User] · 16 November 2017 at 11:52AM

The banks won their court case about "unfair " bank charges in 2009 and since then there have been no refunds of historical charges. The fact that they can't find your original Agreement is not going to help you and complaining that you didn't want the overdraft is rather contradictory since you say you haven't been out of it for fifteen years!

Basically, all you can do is make your case to the Bank that you are in financial hardship and that you are caught in a bank charge loop wherein paying charges incurs still more of them. The Bank may agree to refund (some) recent charges, typically those in the last six months.

Note that the Bank's definition of Financial Hardship means you are struggling to pay essential bills and that you don't have an expensive mobile 'phone contract or Sky TV etc. If you are not in such financial hardship, you'll get nothing.

Marcf6 · 16 November 2017 at 12:06PM

Thanks for your reply! I'll write to the bank to see what happens

dunstonh · 16 November 2017 at 4:18PM

I can't even remember if I signed a document or agreed over the phone for it.

A current account is a flexible credit arrangement. You would have signed the agreement for the current account. No signature - no current account.

I asked my bank 3 days ago if I could have a copy of the terms and conditions I signed when I opened my bank account and the agreement for my overdraft but today they call me to say then can't find it.. they have only the records of me using my overdraft since January 2013!

Not unexpected given how long ago it was.

Do you think I have a case?

Nothing you have said suggests any wrongdoing.

I'll write to the bank to see what happens

Under no circumstances refer to the charges as unfair or words like that. The banks only look at genuine financial hardship cases. Not those living in overdraft but spending on consumer items. You need to paint a picture of how you cannot afford life's essentials. Of course, that only works if your statements don't have big mobile phone bills, shopping at next for clothes etc.

Overdraft charges

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free