MSE News: CONFIRMED - OFT gives up bank charges battle

dunstonh

Rich66 wrote: »

Thanks dunstonh- I was thinking more on the lines of accepting that a charge was applicable just not at the rate of 38.00 and applying for a 'goodwill' payment of the diffrence. The argument that the rate has dropped significantly, being dropped in to add weight to the request.

No, it wont be viewed that way. Banks often reduce charges or remove them fully as goodwill gestures (first time mistakes, financial hardship cases etc).

The courts and the FOS and the FSA regulated complaints process wont see any success with arguments about fairness or similar.

Bluesy_Tuesday

Hello,

My first time on this forum, so please play nice!

I am currently taking Santander to court to try and claim bank charges using the CCA 2006.

The gist of my claim is that I signed a contract to pay £15 if I went overdrawn. This I considered fair. Of course these charges went up over the years to £25. Then the sums got eyewatering - I got a £50 charge for going 29p o/d for a few hours. (Is that living beyond my means?)

My claim is that while it should be a reasonable expectation that fees rise over a reasonable time period, the basis of the contract was unilaterally changed when the fee structure became complex and multi layered - the old £15-to-start-and-£25 - £35-quid-for-whatever -takes-our-fancy type charges.

I have offered to pay the flat rate fee for all those charges that are applicable - I am fighting the 29p one and two other occassions when they charged me and I wasn't even overdrawn!!

I could do with a bit of help, though... I don't suppose anyone has a contract for Abbey-as-was from 2001? I have lost mine and the bank say they don't hold them on file.

Also an important point, maybe not for this forum... did anyone else know that when you file a complaint with the FOS that you are entitled to ask for a copy of the evidence that the bank using to defend itself? I didn't, and when I did find out it was too late. Santander had not been honest and I think falsified evidence and the FOS say that although they had the evidence, as I did not point it out at the time, it is now too late as it does not count as 'new evidence'. (I might tell you, they weren't a bit flipping concerned about the lie - just that I did not spot it before the final decision!!!)

Anyway, if you know someone taking a claim to the FOS - or someone who has had a recent decision that seemed a bit dodgy - pass that little nugget on. They need to contact the information rights officer at the FOS.

Little_Mo_70

Bluesy_Tuesday wrote: »

Hello,

My first time on this forum, so please play nice!

I am currently taking Santander to court to try and claim bank charges using the CCA 2006.

The gist of my claim is that I signed a contract to pay £15 if I went overdrawn. This I considered fair. Of course these charges went up over the years to £25. Then the sums got eyewatering - I got a £50 charge for going 29p o/d for a few hours. (Is that living beyond my means?)

My claim is that while it should be a reasonable expectation that fees rise over a reasonable time period, the basis of the contract was unilaterally changed when the fee structure became complex and multi layered - the old £15-to-start-and-£25 - £35-quid-for-whatever -takes-our-fancy type charges.

I have offered to pay the flat rate fee for all those charges that are applicable - I am fighting the 29p one and two other occassions when they charged me and I wasn't even overdrawn!!

I could do with a bit of help, though... I don't suppose anyone has a contract for Abbey-as-was from 2001? I have lost mine and the bank say they don't hold them on file.

Also an important point, maybe not for this forum... did anyone else know that when you file a complaint with the FOS that you are entitled to ask for a copy of the evidence that the bank using to defend itself? I didn't, and when I did find out it was too late. Santander had not been honest and I think falsified evidence and the FOS say that although they had the evidence, as I did not point it out at the time, it is now too late as it does not count as 'new evidence'. (I might tell you, they weren't a bit flipping concerned about the lie - just that I did not spot it before the final decision!!!)

Anyway, if you know someone taking a claim to the FOS - or someone who has had a recent decision that seemed a bit dodgy - pass that little nugget on. They need to contact the information rights officer at the FOS.

You should find it if you google:
'Abbey National Terms and Conditions 2001'.

Bluesy_Tuesday

Thank you so much Little Mo. You would think Google would have been my first port of call!!! But instead I risked Santander customer service three times!!!

Thanks again. That will be so helpful.

beverley1296

Can you still claim bank charges? I was with the TSB in 1997 and every week my disability benefits went into the bank they took between £35- 70 a week and because of this they left me in hardship so the following week another Direct Debit bounced as they left me with insufficient funds, am I too late to try to get these back. I lost my only brother to murder a few years ago and have been too busy fighting that miscarriage of justice to think clearly about anything else. Thanks in advance.

dunstonh

Can you still claim bank charges?

No.

You can ask the bank to refund charges as a goodwill gesture. However, typically they only consider CURRENT financial hardship cases and first time mistakes. You cannot complain about unfair charges.

I was with the TSB in 1997 and every week my disability benefits went into the bank they took between £35- 70 a week and because of this they left me in hardship so the following week another Direct Debit bounced as they left me with insufficient funds, am I too late to try to get these back.

Yes. You missed the boat on it.

Wywth

beverley1296 wrote: »

Can you still claim bank charges? I was with the TSB in 1997 and every week my disability benefits went into the bank they took between £35- 70 a week and because of this they left me in hardship so the following week another Direct Debit bounced as they left me with insufficient funds, am I too late to try to get these back. I lost my only brother to murder a few years ago and have been too busy fighting that miscarriage of justice to think clearly about anything else. Thanks in advance.

Yes, but your chances of success are not what they were.

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

beverley1296

I was just checking my credit file and I owe Aqua card around £4500 I believe the card only had a limit of £1500 I am paying back weekly to Lowell do you think it would be worth trying to reclaim them as it was through the charges I got into debt?

Chazza4386

Hi
Can anyone help me?
I just wanted to know how far you can go back to claiming bank charges as there was a period I was in financial difficulty and was getting charges like £35 for a unpaid direct debit, £12 charge for being over drawn. I'm currently a lot better but just wanted to see if I could claim any back from 2007.
Thanx

dunstonh

Chazza4386 wrote: »

Hi
Can anyone help me?
I just wanted to know how far you can go back to claiming bank charges as there was a period I was in financial difficulty and was getting charges like £35 for a unpaid direct debit, £12 charge for being over drawn. I'm currently a lot better but just wanted to see if I could claim any back from 2007.
Thanx

Financial hardship applies to current financial hardship. Not historic. They consider your current position only.