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  • natweststaffmember
    • #2
    • 2nd Feb 10, 8:46 PM
    • #2
    • 2nd Feb 10, 8:46 PM
    I am a picky git so apologies in advance but still reading the thread. The first 2 inspirational stories are financial hardship claims which, regardless of the Supreme Court decision has always been on the table......

    Am editing this as I go......will the guide be reviewed once court cases have gone through using newer arguments?

    Financial hardship section 137 does put the onus on the customer as well so they should be contacting their priority creditors as well.

    Packaged Account Fees.....these can be reclaimed in certain circumstances but have to be done separate to bank charges.
    Last edited by natweststaffmember; 02-02-2010 at 8:52 PM.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
    • MSE Martin
    • By MSE Martin 3rd Feb 10, 12:36 AM
    • 8,100 Posts
    • 42,226 Thanks
    MSE Martin
    • #3
    • 3rd Feb 10, 12:36 AM
    • #3
    • 3rd Feb 10, 12:36 AM
    I am a picky git so apologies in advance but still reading the thread. The first 2 inspirational stories are financial hardship claims which, regardless of the Supreme Court decision has always been on the table......

    Am editing this as I go......will the guide be reviewed once court cases have gone through using newer arguments?

    Financial hardship section 137 does put the onus on the customer as well so they should be contacting their priority creditors as well.

    Packaged Account Fees.....these can be reclaimed in certain circumstances but have to be done separate to bank charges.
    Originally posted by natweststaffmember

    Im confused about your question on the inspirational stories - as this is primarily a guide about reclaiming if you're in hardship and going to the ombudsman. We intend to publish the court guide soon - though as we will make MASSIVE in that - we have no successes yet - its new and untried.
    Martin Lewis, Money Saving Expert.
    Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.

    Don't miss out on urgent MoneySaving, get my weekly e-mail at www.moneysavingexpert.com/tips.

    Debt-Free Wannabee Official Nerd Club: (Honorary) Members number 000
  • esmerellda
    • #4
    • 3rd Feb 10, 7:57 AM
    • #4
    • 3rd Feb 10, 7:57 AM
    The guide is a great step forwards, well done MSE team
    LegalBeagles
    • chrisharri
    • By chrisharri 3rd Feb 10, 8:27 AM
    • 83 Posts
    • 40 Thanks
    chrisharri
    • #5
    • 3rd Feb 10, 8:27 AM
    • #5
    • 3rd Feb 10, 8:27 AM
    The guide is a great step forwards, well done MSE team
    Originally posted by esmerellda
    I agree with you, Esmerellda. The guide brings a bit of hope to people. I know that we might not be sucessful, but it's most definitely a step in the right direction. Anything is worth a try!
    • Former MSE Wendy
    • By Former MSE Wendy 3rd Feb 10, 8:28 AM
    • 868 Posts
    • 1,782 Thanks
    Former MSE Wendy
    • #6
    • 3rd Feb 10, 8:28 AM
    • #6
    • 3rd Feb 10, 8:28 AM
    Am editing this as I go......will the guide be reviewed once court cases have gone through using newer arguments?
    Originally posted by natweststaffmember
    This is what we say in the guide Natweststaffmember, so yep, it will be reviewed, as are all our guides

    "This is a new version of the guide, please help by feeding back, suggesting any changes, or ask questions on areas we mayíve missed, in the bank charges feedback discussion."

    Packaged account reclaiming is a bit different i think. It's different letters etc., but of course anyone who feels they have been missold one should complain to their bank (and then the Ombudsman if it isn't resolved).
  • bubbl
    • #7
    • 3rd Feb 10, 9:02 AM
    • #7
    • 3rd Feb 10, 9:02 AM
    I called my bank last year to speak about the insurance payment i was paying for my credit card, which was £22 a month which i do not recall been discussed when i had the card about 5 years ago, they have sent me a letter signed by me accepting this, could i still claim?
  • multidebt
    • #8
    • 3rd Feb 10, 12:26 PM
    • #8
    • 3rd Feb 10, 12:26 PM
    Excellent progress. Will the second part of the guide also cover cases where a defendant of a claim from a bank is claiming back charges as part of their defence? The case was stayed pending the Supreme Court case.
  • honey2485
    • #9
    • 3rd Feb 10, 1:01 PM
    Help!
    • #9
    • 3rd Feb 10, 1:01 PM
    [QUOTE] What to write on the complaint form

    Honestly state whatís happened to you; the Ombudsman has specifically said itís not interested in template letter type applications. It wants to hear the affect of bank charges on you from a human perspective Ė so make it as personal and specific as you can (though it neednít be over emotional Ė stick to the facts and the impact).
    You can also ask for interest to be added to your claim as if you were going to court. After all (if you donít ask, you donít get).
    To help weíve written a guide in Word so you can easily cut and paste sections of it and/or print it out and have it next to you as you're filling in the FOS form.


    can anyone help, cant find a link for this guide!? (red text)

    Thanks
  • justinjp
    Thanks Martin. Just in time too. AS I just got charged £75 because their monthly £8 interest charge took me over. Just what I needed.. 950% charge is just soul destroying.
    • bigmacman
    • By bigmacman 3rd Feb 10, 1:31 PM
    • 368 Posts
    • 223 Thanks
    bigmacman
    i may sound dumb hear but i wanna claim my bank charges back under financial hardship.
    ive lost my job in past month
    getting charges every month
    cant keep up with my bills

    who do i contact 1st
    the bank
    or
    ombudsman??
  • miss-ripped-off
    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. I have had a couple of charges since the complaint was sent to the bank and to go any further i need to know what my old claim amount was for. My online banking will only let me see back to 2004 so i cant even work out what the amount was. 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!!!!!
  • natweststaffmember
    Im confused about your question on the inspirational stories - as this is primarily a guide about reclaiming if you're in hardship and going to the ombudsman. We intend to publish the court guide soon - though as we will make MASSIVE in that - we have no successes yet - its new and untried.
    Originally posted by MSE Martin
    Apologies Martin, I assumed this was a one size fits all approach with regards to reclaiming so I may have misread the first part of the guide.

    Are you also making business customers or "micro enterprise" customers aware that they can reclaim via financial hardship as well which is part of the lending code section 9?
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • natweststaffmember
    This is what we say in the guide Natweststaffmember, so yep, it will be reviewed, as are all our guides

    "This is a new version of the guide, please help by feeding back, suggesting any changes, or ask questions on areas we mayíve missed, in the bank charges feedback discussion."

    Packaged account reclaiming is a bit different i think. It's different letters etc., but of course anyone who feels they have been missold one should complain to their bank (and then the Ombudsman if it isn't resolved).
    Originally posted by MSE Wendy
    Wendy, I have almost all of the banks Income and expenditure forms(blank of course) which I will forward to you in about 5 minutes which as far as I am aware are still in use. Expect emails shortly and I hope you find them useful
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • wolfdoguk
    Self employed
    Hi, I need some help here! I have a current account with RBS and also a business account with them as a sole trader. My business has been in great difficulties for a good while, and I was wondering if it was possible to claim back charges on the business account, or is it impossible because it is actually a business account? I also have been paying for insurance on a capital one credit card since being asked over the phone if I would like it, is it possible to reclaim?
    Thanks.
    • Former MSE Wendy
    • By Former MSE Wendy 3rd Feb 10, 3:57 PM
    • 868 Posts
    • 1,782 Thanks
    Former MSE Wendy
    What to write on the complaint form


    can anyone help, cant find a link for this guide!?

    Thanks
    Originally posted by honey2485
    You're right honey, it's not showing. This is the link http://images2.moneysavingexpert.com/attachment/New-BC-FOS-guide.rtf and i'll go and check the guide now.
  • PlasticMan
    Frankly I feel all this talk of "human" arguments, hardship and whether charges are proportionate is just irrelevant. Either letting people go over their limit and then charging them through the nose for it is fair, reasonable and ethical or it isn't. And it isn't. Same goes for charging for returned direct debits and standing orders.

    If someone stole 50 pounds from me, it wouldn't make any difference whether I was destitute or not, or whether I had a "human" sob story. It would be wrong and illegal either way.

    I'm not in any hardship but I intend to try and reclaim my charges from the last two years (80 pounds or so) on principle, especially since my bank is allegedly ethical. Banks should refuse to pay all direct debits, standing orders and debit card payments automatically (when funds are unavailable) and should never charge for the privilege. End of story.

    When banks realise they can't make a profit on unfair charges perhaps they will start running current accounts in a fair and transparent way.

    I guess this Ombudsman stuff isn't for me. Thank you for the continuing efforts and please let me know when the when the court guide is up.
  • missminnie
    I was looking at sending off for my list of charges, but unsure who to send to. I'm with Abbey/Santander and obviously reluctant to send a cheque off to the address listed in the address thread if it isn't the right one IYCWIM.

    Anybody able to find an updated address, or know whether I can just send it off to the old one?
  • Tino
    I have a quick question regarding use of the financial hardship argument in relation to a claim I started last year with the bank.

    Basically, I was claiming for charges from my RBS account, which I closed in early 2008. So as these are old charges, and my financial hardship is a recent situation (having been made redundant last year), can I still use the hardship argument?

    Or does that only apply if you are claiming recent charges from your existing bank?

    Many thanks,
    Tino
    Tino
  • the black cat
    My original claim was in January 2007, I got my 8 week notification letter from the bank on January 15th and I would like to re-submit using todays rate of interest can you provide details on how I should do this?
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