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Report Bank Charges successes and failures

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  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    AliG83 wrote: »
    Yeah, sorry they are looking at it from the hardship aspect but for the period of time I was originally complaining about. During that time I was earning £60 a week and often had £72 a week taken out in fines. As a result I got myself in a lot of credit trouble (simply in order to eat). That was for a period of time between 2000 and 2003, I first complained about this in 2006 when my income was slightly better. By late 2007/8 I had got nowhere so went to court, which was put on hold until the ruiling in 2009. I let it go for a while and then in 2010 went to the Ombudsman. I have only just finished paying off the ccj/debt I had to get into in order just to live! The FOS is looking into it for the snowballing effect. Obviously they were taking out more than I earnt and therefore there was no hope in me paying it back despite me trying to get help - as I've said before I've been with Halifax for just over 10 years and they have never sent me a single personalised letter. GGGrrrr! it makes my blood boil!!

    Well I still fail to understand why the FOS have now agreed to take up the matter. Under their own rules,
    ...time limits are:
    • ...
    • six years from the event the consumer is complaining about (or – if later – three years from when the consumer knew, or could reasonably have known, they had cause to complain)...
    http://www.financial-ombudsman.org.uk/faq/businesses/answers/before_we_get_involved_a7.html
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • monlou
    monlou Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hiya

    I wrote a letter to Halifax on my husband's behalf to reclaim his bank charges.
    The charges totalled £959.23.

    He got a letter back from Halifax stating that they are only prepared to refund £318.00. it seems like they are going to refund this money to the account in five working days as they have not asked my Husband if he is in agreement with this amount.

    The next paragraph goes on to say the following:

    ''in relation to the fees being unfair may I advised that, The supreme Court decided that as long as they are clearly set out, the level of unarranged overdraft fees cannot be assesses for fairness under the Unfair Terms in Consumer Contract Regulations. I understand you feel that the unarranged overdraft fees you complained about are penalties and/or unfair because they are too high. however, the outcome of the legal proceedings meant that the bank fees are not penalties, and that under the regulations the level of the fees is not a reason for finding them unfair, therefore i am unable to complete a further refund of fees''

    Was just wondering does he accept the £318 or continue to fight for the £959.23 they have said that they will keep the file open for eight weeks.

    Thank you :D
  • Hi,was just wondering if someone can help me please.I have recently been banking with BARCLAYS,and i had a reserve overdraft on my account.They charged me £22 every 5 business days and i did this for about 6 months.Including interest i was some months paying close to £150 per month in charges.Can i claim this back???
  • Namdera
    Namdera Posts: 85 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    BANK: Halifax
    AMOUNT CLAIMED: £736.67
    AMOUNT PAID: £636.00

    Ok so i read a post on here which made me send a letter to the bank to reclaim my money in charges.

    I sent a recorded first class letter template used from this site on saturday and to my dis-belief Halifax called me today and said they would be happy to pay me £636.00, i couldn't beleive it.

    Would like to say a massive thanks to everyone on the forum and good luck to those who are claiming!

    Alex
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    monlou wrote: »
    Hiya

    I wrote a letter to Halifax on my husband's behalf to reclaim his bank charges.
    The charges totalled £959.23.

    He got a letter back from Halifax stating that they are only prepared to refund £318.00. it seems like they are going to refund this money to the account in five working days as they have not asked my Husband if he is in agreement with this amount.

    The next paragraph goes on to say the following:

    ''in relation to the fees being unfair may I advised that, The supreme Court decided that as long as they are clearly set out, the level of unarranged overdraft fees cannot be assesses for fairness under the Unfair Terms in Consumer Contract Regulations. I understand you feel that the unarranged overdraft fees you complained about are penalties and/or unfair because they are too high. however, the outcome of the legal proceedings meant that the bank fees are not penalties, and that under the regulations the level of the fees is not a reason for finding them unfair, therefore i am unable to complete a further refund of fees''

    Was just wondering does he accept the £318 or continue to fight for the £959.23 they have said that they will keep the file open for eight weeks.

    Thank you :D


    My advice to you would be to take the money.
    The bank are correct that at present they strongly believe the law is on their side in relation to your claim the charges were unfair. You are free to challenge this in court (the only place who can ultimately decide) and the MSE guide to reclaiming bank charges via court article explains how this may be possible, but I should point out no one has ever succeeded in court following the advice in that guide.
    If you think you mat be the first, I would urge you to consider the risk warnings contained in that article.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    thxultra73 wrote: »
    Hi,was just wondering if someone can help me please.I have recently been banking with BARCLAYS,and i had a reserve overdraft on my account.They charged me £22 every 5 business days and i did this for about 6 months.Including interest i was some months paying close to £150 per month in charges.Can i claim this back???
    Are you currently in genuine financial hardship? (what the article refers to as the human argument)
    See the sticky thread on fonancial hardship online resources to find out if you are eligible.

    If not in financial hardship, I suggest not wasting time & effort over it.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • I wrote to my bank manager on 30 January after I having some really tough financial times which resulted in numerous charges.

    Using Martin's template and adding my own case evidence, I asked for a full refund if the charges totalling £865.

    Today, 10 Feb, I received a telephone call from my bank (LloydsTSB) advising me that they are going to refund me £1000, which includes interest and returned DD charges. they are also going to call me some time soon to offer me financial advice and support.

    I almost fell of my chair, I thought they were going to say "bog off loser!" or at least get a letter to that effect.

    Thank you Mr Lewis, god bless you and all who sail in you!

    My advice to anyone contemplating this, is DO IT, you have nothing to lose and may even get gobsmacked like me.

    DQ
  • Hi everyone

    Ok I have bank charges from years ago when I was a single parent and a student.

    I requested a history of transactions from my bank (Halifax) before the Court Hearing and they totaled back then, about 18 months ago, over £5000.

    I'm one of those scared people who feel that through my mismanagement of my finances I only have myself to blame. It's become a vicious circle though and I live in and over my overdraft most months still accruing charges here and there.

    Any thoughts would be helpful...I'm unsure whether to pursue as I've read some of the stories re: ballifs etc but feel agrieved with the absolutey disgusting way my bank has made it difficult for myself and my son over the years.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    ...
    Any thoughts would be helpful...I'm unsure whether to pursue as I've read some of the stories re: ballifs etc but feel agrieved with the absolutey disgusting way my bank has made it difficult for myself and my son over the years.

    Read the guide, this thread, and as much info as you can to see if you are elegible to claim. It's not very easy now, as you need to prove genuine financial hardship (or bank error) to have any chance of success, and even then banks are under no liability to refund any bank charges to those in finacial hardship. The chances of seeing that £5k again of charges accrued prior to 2008 are now about zero, I'm afarid.

    I would suggest posting on the DFW board where you may get help to come to terms with reducing your debts.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • BANK: HSBC
    AMOUNT CLAIMED: £2049

    Hey guys, just received a rejection letter from HSBC rejecting my complaint as they do not see the charges as unfair and that the courts ruled in their favour etc, so on to the FoS.

    My charges are over a 5 year period and on some occasions go as far as charging me 175 for one instance of being overdrawn.

    Hope i get some success but if not at least i have tried.

    Good luck to everyone else too.

    Rick


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