Could I still get back my charges?

lepetit

Hi,
I have few claims I'd still like to make but do I have any chance? I am a hardship case and my old bank who I have an old current account and credit card with have accepted this.
They charged over £2k in charges within a year, in October 09 they returned £1,100 which I accpeted saying I would fight for the rest, I have sent letters since asking for the reimainder but haven't had a single reply.

Next is my credit card within them - again another £500 of charges and they returned £330 in November - sent letters asking for remainder and no reply.

Then my GE credit card, was very bad with this and inevitably got into trouble with it - paid it all off in June last year but it had a lot of charges on it, Santander have taken GE over and they have refused to return anything? Was a small balance of £200 but about £100 in charges!

Finally my Capital One - they seem to be being dodgy to be I have written to them three times asking for my credit agreement and they have not supplied it. They have refused to give charges back and they also put on PPI without my consent but that's for the other board.

Any help much appreciated.

lepetit

Also one other that concerns me with Capital One - it went to solicitors at one point (about April 2009 this was) I wrote to the solicitors asking for a copy of the credit agreement and suddenly Capital One took my account back, have ignored subsequent requests for my credit agreement, don't chase me for payment, haven't sent me any statements????
Really don't know what's going on???

Premier_2

You need to differentiate between claims for bank charges (specifically those relating to unauthorised overdrafts) and claims for credit card charges.

In essence, MSE Martin for bank charges is suggesting you "assume you won't get a payout", even with the new legal arguments that he hopes to publish 3rd week in January. (Banks must treat you fairly anyway and be considerate in any hardship claims, but that doesn't necessarily mean giving you a full refund)

Credit card claims are unaffected by the recent Supreme Court ruling with regards to bank charges.

For further details on bank charges claims, read here:
http://www.moneysavingexpert.com/reclaim/bank-charges

For details on credit card charges re-claims, read here:
http://www.moneysavingexpert.com/reclaim/credit-card-charges

There we go, my post should liven this thread up a bit for you. There are some posters here who appear to hang on every post I make, reading them most intently and then jumping in with their own comments. :cool:

natweststaffmember

Premier wrote: »

You need to differentiate between claims for bank charges (specifically those relating to unauthorised overdrafts) and claims for credit card charges.

In essence, MSE Martin for bank charges is suggesting you "assume you won't get a payout", even with the new legal arguments that he hopes to publish 3rd week in January. (Banks must treat you fairly anyway and be considerate in any hardship claims, but that doesn't necessarily mean giving you a full refund)

Credit card claims are unaffected by the recent Supreme Court ruling with regards to bank charges.

For further details on bank charges claims, read here:
http://www.moneysavingexpert.com/reclaim/bank-charges

For details on credit card charges re-claims, read here:
http://www.moneysavingexpert.com/reclaim/credit-card-charges

There we go, my post should liven this thread up a bit for you. There are some posters here who appear to hang on every post I make, reading them most intently and then jumping in with their own comments. :cool:

Love you

lepetit

Can anyone help??

oscar52

As Premier has stated in their post, you can carry on with Credit Card charges reclaims and even go as far as the Ombudsman or Court if needed, however, most companies will pay up before then.

But at present, you are unbale to do too much about the bank charges - but you seem to have had a large part of these paid back already. Wait for the advice on the forum before proceeding further on bank charges.

brjattwood

I have had the following letter from Barclays. Any ideas how best to respond? I am going to look into hardship claims but do not expect to qualify.


Retail Banking Customer Relations [FONT=&quot]Leicester [/FONT]
[FONT=&quot]LE8? 2BB [/FONT]
Tel: 0845 300 5857 Opening Hours
8.00 a.m. - 8.00 p.m. Monday to Friday 9.00 a.m. - 3.00 p.m. Saturday
01/00043028
[FONT=&quot]Bank Charges Complaint [/FONT]
We refer to your complaint relating to bank charges which was previously stayed under the terms of the Financial Services Authority (FSA) Waiver. The Waiver has now lapsed and we are therefore writing to you to respond to your complaint. We consider your complaint to have been about the level, and accordingly the fairness or lawfulness, of these charges.
As you will be aware from when we last wrote to you, we (and several other banks) entered into agreed legal proceedings with the Office of Fair Trading in relation to bank charges on 27 July 2007 in order to determine their legality.
Following the Supreme Court decision on 25 November 2009, there is now a final outcome for these legal proceedings which means that the bank charges you have complained about do not amount to penalties at common law and that their level cannot be assessed for faimess under the Unfair Terms Consumer Contract Regulations (UTCCRs). We do not believe that there is any legal basis on which the amount ofthe charges can be challenged and we are satisfied that the bank charges you seek to reclaim were properly charged. The final outcome of the legal proceedings confirms our position.
We are therefore not upholding your complaint and we will not be refunding the bank charges you have complained about.
If your complaint relates to an issue other than the level of charges or you wish to di~cuss this matt~~_ further, please do not hesitate to contact us on the number above. You may also find the following link to our website useful in answering any questions you may have
Our aim is to resolve all complaints internally, although we recognise this may not always be possible. If we are unable to agree a way forward you may be able to ask the Financial Ombudsman Service (FOS) to review your complaint and we will help you if you would like to do this. Before you decide whether or not to take your complaint to FOS, you may find it helpful to consider the information about this subject on their website
If we do not hear from you within the next 8 weeks I will consider your complaint to be resolved and accordingly I will close ourfile.
Yours sincerely

[FONT=&quot]~ -=-..= [/FONT][FONT=&quot]:;.=-,~ -:; [/FONT]Customer Relations Director

chipbeck

brjattwood wrote: »

I have had the following letter from Barclays. Any ideas how best to respond? I am going to look into hardship claims but do not expect to qualify.


Retail Banking Customer Relations [FONT=&quot]Leicester [/FONT]
[FONT=&quot]LE8? 2BB [/FONT]
Tel: 0845 300 5857 Opening Hours
8.00 a.m. - 8.00 p.m. Monday to Friday 9.00 a.m. - 3.00 p.m. Saturday
01/00043028
[FONT=&quot]Bank Charges Complaint [/FONT]
We refer to your complaint relating to bank charges which was previously stayed under the terms of the Financial Services Authority (FSA) Waiver. The Waiver has now lapsed and we are therefore writing to you to respond to your complaint. We consider your complaint to have been about the level, and accordingly the fairness or lawfulness, of these charges.
As you will be aware from when we last wrote to you, we (and several other banks) entered into agreed legal proceedings with the Office of Fair Trading in relation to bank charges on 27 July 2007 in order to determine their legality.
Following the Supreme Court decision on 25 November 2009, there is now a final outcome for these legal proceedings which means that the bank charges you have complained about do not amount to penalties at common law and that their level cannot be assessed for faimess under the Unfair Terms Consumer Contract Regulations (UTCCRs). We do not believe that there is any legal basis on which the amount ofthe charges can be challenged and we are satisfied that the bank charges you seek to reclaim were properly charged. The final outcome of the legal proceedings confirms our position.
We are therefore not upholding your complaint and we will not be refunding the bank charges you have complained about.
If your complaint relates to an issue other than the level of charges or you wish to di~cuss this matt~~_ further, please do not hesitate to contact us on the number above. You may also find the following link to our website useful in answering any questions you may have
Our aim is to resolve all complaints internally, although we recognise this may not always be possible. If we are unable to agree a way forward you may be able to ask the Financial Ombudsman Service (FOS) to review your complaint and we will help you if you would like to do this. Before you decide whether or not to take your complaint to FOS, you may find it helpful to consider the information about this subject on their website
If we do not hear from you within the next 8 weeks I will consider your complaint to be resolved and accordingly I will close ourfile.
Yours sincerely

[FONT=&quot]~ -=-..= [/FONT][FONT=&quot]:;.=-,~ -:; [/FONT]Customer Relations Director

Next step is if like me you no longer bank with them but owe them money (I owe them about a third of what I was trying to claim back) you will get a phone call from their DC's tomorrow. If like me you have a case currently stayed then you can tell them to stop ringing as the account is still in dispute.

Premier_2

brjattwood wrote: »

I have had the following letter from Barclays. Any ideas how best to respond? I am going to look into hardship claims but do not expect to qualify....

Well you can try the hardship route, but it may not be worth it if you don't think you'll qualify.

As the stay has now been lifted, you have 8 weeks to respond. Thereafter, expect contact from DC if you haven't repaid what you owe.

Your best bet would probably to wait and see if what the new template letters Martin has been promising deliver. Perhaps they will allow you to create a new claim (or modify the existing one).

Even so, "the best thing to do is plan for getting nothing, but cross your fingers." and "For money management's sake, its very important to assume you won't get a payout"

Read the full latest article on reclaiming bank charges here:
http://www.moneysavingexpert.com/reclaim/bank-charges