Claiming due to financial difficulties - clarification, please

Katie73

Hi, hope someone can give me some clarification.

We started the process of claiming some £3,000 in charges back from our bank about 3 years ago. They refunded £600 as a goodwill gesture, but wrote to say that the charges were lawful. The money was paid straight into our account before we received the letter and we were given no chance to refuse the money. At the time we didn't pursue this further as we needed the £600 for mortgage arrears and didn't have the court fees required to continue.

Now my partner is out of work (laid off in early December) and we have three children to support with very little income. Could anyone tell me if we'd qualify under the financial difficulties clause and, if so, how I go about pursuing this? We are currently in arrears of £2,000 with our mortgage and due to go into litigation any day now, so we really need this money back, but am worried that the bank may say that we 'accepted' their goodwill gesture and are therefore unentitled to the rest.

Thanks in advance for any advice given

Katie

sleener

i think you have to have confirmed in writing that you accepted the 600 pounds as full and final and that was the end of the matter

natweststaffmember

Katie73 wrote: »

Hi, hope someone can give me some clarification.

We started the process of claiming some £3,000 in charges back from our bank about 3 years ago. They refunded £600 as a goodwill gesture, but wrote to say that the charges were lawful. The money was paid straight into our account before we received the letter and we were given no chance to refuse the money. At the time we didn't pursue this further as we needed the £600 for mortgage arrears and didn't have the court fees required to continue.

Now my partner is out of work (laid off in early December) and we have three children to support with very little income. Could anyone tell me if we'd qualify under the financial difficulties clause and, if so, how I go about pursuing this? We are currently in arrears of £2,000 with our mortgage and due to go into litigation any day now, so we really need this money back, but am worried that the bank may say that we 'accepted' their goodwill gesture and are therefore unentitled to the rest.

Thanks in advance for any advice given

Katie

Katie, you can claim any amount not refunded, you cannot sign away your legal rights. The FSA waiver on Bank Charges is certainly one which would fall into your category. If you still have the previous claim and have kept bank statements or can view online statements then start the process by writing to the bank especially as you are in hardship. The letter with bank charges and amounts is the one you need to send. Make sure you make the bank aware that you are in Financial Hardship.