Report Bank Charges successes and failures

mushhead

Hi there
I am writing with a bit of a question really. I started a claim against the Halifax about 4 years ago but gave up after they continually refused to accept my claims of hardship. Now my question is would it be possible to restart this claim from now with the original charges I had claimed back then or would it only be possible to reclaim 6 years from now?

Premier_2

mushhead wrote: »

Hi there
I am writing with a bit of a question really. I started a claim against the Halifax about 4 years ago but gave up after they continually refused to accept my claims of hardship. Now my question is would it be possible to restart this claim from now with the original charges I had claimed back then or would it only be possible to reclaim 6 years from now?

Have you read the MSE aticle on reclaiming bank charges? It explains exactly what to claim for.

However, claims based on financial hardship may or may not result in any refund - there is no obligation for the banks to refund these type of claims and each claim will be handled individually.

Based on reports on MSE from others, even if the bank agree to your hardship claim now, and if they deem it appropriate to refund any charges based on that claim, then it is unlikely to be more than about the last 6 months worth of fees.

Don't let any best outcome restrict the amount you claim. But as per the MSE guide also, expect to get nothing refunded.
Have you got any better arguments over why you consider yourself to be in financial hardship now? You've tried and failed before. I trust you are not simply planning on doing the same thing with the hope of getting a different result?

Premier_2

Thought I would link to an interesting post here by LozBingley regarding a court based claim.
(some people have recently asked for examples of where people have tried in court)

Failed on four attempts. Claims struck out of court at pre-hearing stage as having no legal basis.

https://forums.moneysavingexpert.com/discussion/2119417

https://forums.moneysavingexpert.com/discussion/2248345

LozBingley

Premier wrote: »

Thought I would link to an interesting post here by LozBingley regarding a court based claim.
(some people have recently asked for examples of where people have tried in court)

Failed on four attempts. Claims struck out of court at pre-hearing stage as having no legal basis.

https://forums.moneysavingexpert.com/discussion/2119417

https://forums.moneysavingexpert.com/discussion/2248345

Not failed ! Just not applied the right argument yet - its not over till its over LOL

Premier_2

LozBingley wrote: »

Not failed ! Just not applied the right argument yet - its not over till its over LOL

You posted your claims were thrown out on the basis they had no legal basis.

I think you need to get some legal advice as you fail to understand the basics of making a claim.

No one is suggesting you cannot make a new claim, although I don't know on what basis exactly; no one has yet won in court using the advice given in MSE guide to reclaiming bank charges (and banks will strenuously defend such claims as you have now found to your cost)

I'm afraid the ship left the port a very long time ago. I'm glad you managed to get yourself some refunds years ago before the ship sailed, but I would advise you don't waste any more money just now. If you have not already done so, I would urge you to read the MSE guide to reclaiming bank charges in court, in particular paying attention to the risks it highlights in doing so.

samanthab616

Hi i am a newbie, so hope i am doing this right!!!!!!

Thought i would share my story, i sent a letter to Halifax on Monday 21 march about £1154 of charges taken from my account over a few years. I went through the financial hardship route as i was struggling alot at the time. Anyway i received a call from a lovley lady at Halifax Yesterday 24 March, who said she would look through my statements and said she would call me back the next day. Imagine my surprise when she called back only 20 mins later and said i could have all of the charges back. I received the money in my account today!!!! I am gobsmacked to say the least. All in all the whole process took less than a week!!!! .

I am chuffed, but i wouldnt have been able 2 do it without the help from this site. :money:

stollybolly

Lloyds TSB hasve just given me a partial refund of bank charges due to my financial hardship.
Originally claimed in August 2007, £421.93 on 1st account, and £1383.83 on 2nd. Both claims denied due to court ruling. Since then I've got into financial hardship, lost my job, separated from my husband and am on benefits so thought it was worth another punt.
Recalculated with more recent charges and interest etc and reclaimed with one letter to bank, asking for £1278.28 on 1st account and £2402.52 on the 2nd. Have received a letter saying that they have paid me £405 into 1st account and £343 into second.
I have just written to accept the £405 for 1st account as that is near to amount originally claimed in August 2007, but stating that £343 is not enough, would agree to £1278.28 originally claimed and use money to pay off debts with them. Threatened to go to Ombudsman if not agreed as I have a strong case for financial hardship.
I know any payout is better than none, but I think my request is reasonable so will see what they say next!

BennyTheBoy

BennyTheBoy wrote: »

I started my case back in 2002 through the challenge your charges route and was claiming for £2400 back from HSBC. At that time my account was overdrawn by £1500 and I was being stung with huge charges every month. It got to the point where I just has to cut my losses and open a new account at a different bank and pay my wages into that. After writing to them many times explaining that I couldn't afford to continue to pay there exorbitant charges they put my account in the hands of a debt collector. I contact the bank again explaining that if my challenge your charges case was unsuccessful that I would set up some type of payment scheme to clear the account. They didn't even respond. The debt collectors rang me constantly. Some times even twice a day along with letters every day. I tried explaining the same thing to them but they were uninterested. In the end even before the case failed I had to start paying. Thankfully they accepted my financial hardship statement and I make a token payment of £1 every month. Since then I have now complained to the financial ombudsman and they are dealing with my complaint. However they are saying that is it very unlikely that I will get anything other than help from the bank. When I asked what that help would be I was told this would be ing the form of a payment scheme like making a token payment of £1 per month.

If my complaint is not upheld what can I do to take if further? It looks like yet again my bank is going to get away with charging me £2400 to use my overdraft and pay off the remaining £1400 that I owe. I simply cant afford it? I work full time and earn a good wage but I have massive debts and am strugling to stay on top and keep a roof over my head. I earn about £1600 a month take home but my debts a mortgage payments take nearly a £1000 before I have paid any bills or put food in the house or fuel in the car. I have been renting out a room in my house but that has now stopped and my partner has moved in to help me with the bills and stuff.
So far the information I have been given about my debts is that I dont have enough money after bills and everything to take a debt management plan and one of my debts is secured on my mortgage and they just wont budge.

Hope you can help.

Kind Regards

Ben

Have now had a letter from the Finantial Omb and they say that I have no claim. They are trying to claim that HSBC have done everything they should have to help. Not sure what to do now. Gona try one last letter to HSBC laying out my legal case and saying that this will result in court action and see where it goes from there. Anyone got any advice that might help?

Cheers

sephira

BennyTheBoy wrote: »

Have now had a letter from the Finantial Omb and they say that I have no claim. They are trying to claim that HSBC have done everything they should have to help. Not sure what to do now. Gona try one last letter to HSBC laying out my legal case and saying that this will result in court action and see where it goes from there. Anyone got any advice that might help?

Cheers

hi there
i have had similar problem with HSBC , my husband declared hardship to them last year march officialy sending letters , yet still they charged him ridiculous amount of money. we sent our case thru FOS , 10 months and still waiting for results. HSBC so far tried to prove that they have done everything they could to help him ( and we did complain at leat 10 times to them the way my husband has been treated). i went ballistic and asked FOS to request phone calls between my husband and HSBC as that was only way to prove that my husband has been continously misleaded and in hsbc interest was not to help him. when FOS requested them tapes , miraculously part where my husband was complaining went missing. still waiting for the results and waiting to hear from FOS , but from our experience financial hardship does not exist wit HSBC. FOS does not seem to be interested in it neither and from what i see in our case FOS even knowing our situation is clearly siding HSBC.

giorgio992

Hey,

Am in financial difficulty at the moment but decided the best thing to do was to borrow money from family to bring my natwest balance back to 0 to stop further charges accruing! Basically I haven't used this natwest account for years and logged on and saw that charge after charge has acccrued, totalling well over £1000. rang natwest and they did nothing so put a letter of complaint in, statement of account budget, income and expenditure etc. got a letter back and was told I'm not in financial difficulty as I have repaid the balance with the bank and they will be closing my complaint. Not happy with this so have sent a letter again threatening ombudsman and court action. They seem to be flapping at the moment referring it to different departments so fingers crossed I should hear soon! Anyone had past experience with Natwest claims?