I received letter with my bank charges to say dont bother trying to reclaim.

wickyv35

Well, not literally but thats the general sentiment of it. I know from reading the web site that banks are trying to put us off but one part has me concerned;
" Should you decide to refer your case to the Financial Ombudsman Service (FOS), you should be aware that we have asked the FOS not to proceed with any case until the proceedings (OFT case) are resolved. The FOS have given a general indication that it will not action cases which rely on the legal issues being considered in the test case."

Is this just scare-mongering? If we have no FOS to back up cases is there any point to reclaiming as it doesn't look as if they are going to give in without a fight. Or is it just what they want me to think?
Was Halifax by the way.

dunstonh

Is this just scare-mongering?

No. Its a correct representation of the current position.

If we have no FOS to back up cases is there any point to reclaiming as it doesn't look as if they are going to give in without a fight

The FOS, like everyone else, is waiting for the outcome of the court action. As it stands the banks have done nothing wrong so the FOS has no reason to rule in your favour. The court case is to ascertain if they are in the wrong. If the courts rule in favour of the consumer then the FOS can then apply that ruling into the response in its complaints. Until then, the FOS is in limbo like everyone else.

wickyv35

Thanks for your reply.
I lost my job back in Feb and was hoping to claim under financial hardship, do you think I sould go ahead?

natweststaffmember

wickyv35 wrote: »

Thanks for your reply.
I lost my job back in Feb and was hoping to claim under financial hardship, do you think I sould go ahead?

I do since the FOS WILL look at claims on the basis of financial hardship as will the bank. However, they do not have to refund even 1p of the charges under financial hardship.
Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

wickyv35

Yes natwest,
I have water arrears and have fallen behind in mortage repayments, I have also gone onto gas and electricity meters to pay back large bills accrued with the power company. Do these strengthen my case?
I have had one lot of bank charges refunded as my power direct debit returned due to insufficient funds, I pointed out that I was on benefits but they made it very clear they would NOT refund any more charges, hence the meters.
I think I will plough ahead regardless, at the minute I have nothing to lose and everything to gain.

dunstonh

Those are priority debts so I would go ahead under financial hardship guidelines. Make sure you make them aware you are under financial hardship.

natweststaffmember

wickyv35 wrote: »

Yes natwest,
I have water arrears and have fallen behind in mortage repayments, I have also gone onto gas and electricity meters to pay back large bills accrued with the power company. Do these strengthen my case?
I have had one lot of bank charges refunded as my power direct debit returned due to insufficient funds, I pointed out that I was on benefits but they made it very clear they would NOT refund any more charges, hence the meters.
I think I will plough ahead regardless, at the minute I have nothing to lose and everything to gain.

If the arrears are being repaid then it weakens the case since the bank could argue that after income has gone in that you have a surplus now. You need to argue that a lifestyle event, ie loss of employment, overtime, etc,etc, lead to charges and that those charges lead to the priority debt arrears.
You can go back to July 2001 but the bank might look at any arrears being paid off as being proof that you have sufficient to cover them.
Ask the question though