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Bank Charges Reclaiming Guide discussion

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  • Hi everyone, looking for a bit of advice...
    I got in contact with Nationwide about claiming bank charges back, and in an email I was told that Nationwide will look into refunded bank charges, and that I have to forward details of charges I feel have been made in Nationwide's error.

    Exactly what kind of charges are made in their error?
    For example charging me £35 for going overdrawn by £3 when I don't even have an overdraft, is that their error?
    I thought people were claiming charges back as the amount they charge is just ridiculous?

    Any advice would be greatly appreciated on what step to take next:)
  • Little_Mo_70
    Little_Mo_70 Posts: 417 Forumite
    olliemax84 wrote: »
    Hi everyone, looking for a bit of advice...
    I got in contact with Nationwide about claiming bank charges back, and in an email I was told that Nationwide will look into refunded bank charges, and that I have to forward details of charges I feel have been made in Nationwide's error.

    Exactly what kind of charges are made in their error?
    For example charging me £35 for going overdrawn by £3 when I don't even have an overdraft, is that their error?
    I thought people were claiming charges back as the amount they charge is just ridiculous?

    Any advice would be greatly appreciated on what step to take next:)


    The courts ruled that bank charges were/are not unfair so Nationwide are basiscally asking you what the basis of your claim is - and that, because of the lawful charges they have imposed on you how do you feel they have erred.

    Yes the charges are ridiculous but you have to ask yourself why they charged you...........you used money that was theirs - al-be-it £3 and for that you incurred a charge of £35. It wasn't their error it was yours. Sorry but that's the way they will view any unfair charge claim and I know it's not what you want to hear but it's fact!

    However, all may not be lost:
    Look on here and decide if you fit any of the criteria that may be considered as a basis to reclaim charges and bear in mind unfair charges claims will no longer be considered.

    http://www.moneysavingexpert.com/reclaim/bank-charges
  • How can they just decide to let you go overdrawn when there's no money in the account nor do you have an overdraft to cover this?
    Is this how they make their money? If I was to try on purpose to purchase something with no money in my account they wouldn't be so lenient then would they? So for every X amount of money I've been charged as an unauthorised overdraft or unpaid direct debit fees can't be claimed back, even if almost everytime they've taken the money for this has been out of my benefits at the time?

    How does it stand on direct debits that have been cancelled and still been taken out, or tried to have been taken out when there's no money in the bank? Or taking benefit money for charges on the account? As I heard that no benefit money is allowed to be taken to pay charges?
  • Little_Mo_70
    Little_Mo_70 Posts: 417 Forumite
    olliemax84 wrote: »
    How can they just decide to let you go overdrawn when there's no money in the account nor do you have an overdraft to cover this?
    Is this how they make their money? If I was to try on purpose to purchase something with no money in my account they wouldn't be so lenient then would they? So for every X amount of money I've been charged as an unauthorised overdraft or unpaid direct debit fees can't be claimed back, even if almost everytime they've taken the money for this has been out of my benefits at the time?

    How does it stand on direct debits that have been cancelled and still been taken out, or tried to have been taken out when there's no money in the bank? Or taking benefit money for charges on the account? As I heard that no benefit money is allowed to be taken to pay charges?

    In answer to your first statement, I think perhaps that as much as you think the bank shouldn't allow you to go overdrawn, they would equally expect you not to attempt to use money you haven't got in your account either so it's 50 - 50 really. What do their t's and c's say about unauthorised overdraft use?

    I haven't made the rules. I did not intend to anger you further, as obviously you are, hopefully not at me!:( I understand how you feel and empathise hence my bothering to reply to your post asking for advice on what step to take next and 'exactly what kind of charges are made in their error'. I looked outside the box and offered an explaination regarding their statement requesting details as to what charges were made in their error, because, as the law states bank charges are not unfair, they want to know on what basis are you claiming a refund of charges.

    If you are going to request a refund of charges don't mention unfairness. There are other ways to try to reclaim if you fit the criteria which is why I suggested checking this out on the webpage I gave.

    Regarding direct debits still being requested. When I cancel mine I write to both the company and the bank, stating that they are with immediate effect/or give date when becomes effective - and I usually hand my letter over the counter at the bank and mark my letter 'by hand' and keep my copy so there can be no arguement that I have actually given the instruction to cancel the dd.

    Regarding your benefits issue, I'm afraid I have no knowledge of how that works, perhaps there are others reading this who may be able to offer more advice.

    In any event, if you are/have been experiencing financial difficulties leading to your current situation, notifying the branch manager at your bank of those difficulties would be the first thing to do and would also be looked at by the Financial Ombudsman should you need to pass any complaint on to them in the future. They would not look favourably at a complaint if you hadn't given the bank any chance to assist you in your difficulties so that's worth bearing in mind. You might even have spoken to your bank about it, I don't know.

    Also, if you do try to reclaim your charges, as well as having a good case for the financial hardship route, be aware that the bank/FOS will scrutinise your spending habits to see if any unessessary spending has taken place - not that I am saying there has been you understand but this is what they do when considering all claims.

    So there we are, that's my two-pence worth. Best of luck
  • si72
    si72 Posts: 2 Newbie
    Hi i was just wondering what to do now as my bank refused to send my information after the 1st letter template
    ......letter says...Historical information can only be retained if there is a legitimate reason for processing the data in accordance with the right of an individual .Therfore, due to the time elapsed, some of the original account records will have been destroyed in line with our retention policy.....etc
  • I have just finished being a student and unable to find a well a well paid job. I have been getting regular bank charges of at least £38. Every month! Throughout my university days I must have had at least a few hundred pounds worth.

    Even if I have been in an unauthorised overdraft already, bank charges are still taken which leaves me further in a debt and then when I do get paid, it looks like heaps has to foot the bank charge.

    If I go over by £2 I have to pay £10 for a bounced dd and a further £28 for an unauthorised overdraft.

    I could really do with the money bank at this time, do I have a case and does it cost me to ask for these charges back. And will this affect my credit rating?

    Thanks
  • Little_Mo_70
    Little_Mo_70 Posts: 417 Forumite
    Nickole wrote: »
    I have just finished being a student and unable to find a well a well paid job. I have been getting regular bank charges of at least £38. Every month! Throughout my university days I must have had at least a few hundred pounds worth.

    Even if I have been in an unauthorised overdraft already, bank charges are still taken which leaves me further in a debt and then when I do get paid, it looks like heaps has to foot the bank charge.

    If I go over by £2 I have to pay £10 for a bounced dd and a further £28 for an unauthorised overdraft.

    I could really do with the money bank at this time, do I have a case and does it cost me to ask for these charges back. And will this affect my credit rating?

    Thanks

    Check out your eligibility to claim on here:
    http://www.moneysavingexpert.com/reclaim/bank-charges#step1
  • ariell
    ariell Posts: 33 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Just had a letter back 3rd time sent saying that they reject my complainet under the court ruling. They comply with the lending code:mad:

    Failed to accept the fact I am in financial hardship, on a DMP. Charges spiraling round and round.
    Have not got enough to live on to pay bills, mortgage etc. They keep saying that i gone over the over draft and not put enough money into the account when set amount sent each weel from CCCS and i dont use the account

    still charge me £5 a month for standard account service charge.
    Wont charge me overdraft usage fee. Which is a lot of baloney as this what they said all along then next minute they say I have gone over the overdraft usage fee and charge interest again. Never use this account

    Then had the cheek to say speak to the out friendly collections department . Who is in India and do not listen and are useless who just read off a screen

    How do i reply back. As typical of uncaring bank who don't listen.
  • Little_Mo_70
    Little_Mo_70 Posts: 417 Forumite
    ariell wrote: »
    Just had a letter back 3rd time sent saying that they reject my complainet under the court ruling. They comply with the lending code:mad:

    Failed to accept the fact I am in financial hardship, on a DMP. Charges spiraling round and round.
    Have not got enough to live on to pay bills, mortgage etc. They keep saying that i gone over the over draft and not put enough money into the account when set amount sent each weel from CCCS and i dont use the account

    still charge me £5 a month for standard account service charge.
    Wont charge me overdraft usage fee. Which is a lot of baloney as this what they said all along then next minute they say I have gone over the overdraft usage fee and charge interest again. Never use this account

    Then had the cheek to say speak to the out friendly collections department . Who is in India and do not listen and are useless who just read off a screen

    How do i reply back. As typical of uncaring bank who don't listen.

    Have they issued their final response letter? If so go to the FOS to see if they are able to look into your case. Or you could reply to your bank and mention that, whilst you realise the court ruled that charges were fair they also maintained that customers may have grounds to request refund of charges if suffering financial hardhsip and that is the reason that you had written (though of course no one can force the bank to cough up!) No matter how angry or frustrated you feel don't let it show in your correspondence. Be honest, factual and detailed and say things as they are.

    Before you continue to persue your complaint however, check your statements for any instances of, what they would view as unessessary spending - TV's/ipods/games/mobiles/broadband/booze/holidays/Sky/lots of clothes and treats etc. etc as they will deem you to have put yourself into voluntary hardship and will not be sympathetic. The FOS would also take take this approach into account when assessing your complaint. You really have to have a very strong case and be prepared to prove it.
    It's normally things like ill health, job loss, bad luck etc that strengthen a case. It isn't just that you can't pay for things it's how you got into that situation that they will look at.

    Did you manage to write to branch manager this week regarding possibility of putting hold on the compounding charges? You could request an agreed affordable dmp with bank to pay off charges? This would take some of the pressure off short term.

    In the event of any complaint the FOS would look at things like the bank offering some sort of help to a customer who is in financial difficulties and it would be in the bank's interest to do so otherwise it would seem that they have not treated their customer fairly.
    Maybe they think they have by referring your to their 'friendly collections team'. You could always give them a ring to offer a small monthly payment plan which will prob. be rejected as they might want more. At least it would show you would have tried to do something to address your debt.

    Anyway hope some of this makes sense / helps.

    Mo
  • ariell
    ariell Posts: 33 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Have they issued their final response letter? If so go to the FOS to see if they are able to look into your case. Or you could reply to your bank and mention that, whilst you realise the court ruled that charges were fair they also maintained that customers may have grounds to request refund of charges if suffering financial hardhsip and that is the reason that you had written (though of course no one can force the bank to cough up!) No matter how angry or frustrated you feel don't let it show in your correspondence. Be honest, factual and detailed and say things as they are.

    Before you continue to persue your complaint however, check your statements for any instances of, what they would view as unessessary spending - TV's/ipods/games/mobiles/broadband/booze/holidays/Sky/lots of clothes and treats etc. etc as they will deem you to have put yourself into voluntary hardship and will not be sympathetic. The FOS would also take take this approach into account when assessing your complaint. You really have to have a very strong case and be prepared to prove it.
    It's normally things like ill health, job loss, bad luck etc that strengthen a case. It isn't just that you can't pay for things it's how you got into that situation that they will look at.

    Did you manage to write to branch manager this week regarding possibility of putting hold on the compounding charges? You could request an agreed affordable dmp with bank to pay off charges? This would take some of the pressure off short term.

    In the event of any complaint the FOS would look at things like the bank offering some sort of help to a customer who is in financial difficulties and it would be in the bank's interest to do so otherwise it would seem that they have not treated their customer fairly.
    Maybe they think they have by referring your to their 'friendly collections team'. You could always give them a ring to offer a small monthly payment plan which will prob. be rejected as they might want more. At least it would show you would have tried to do something to address your debt.

    Anyway hope some of this makes sense / helps.

    Mo

    I have not used the account in years and my payments have gone throught the credit consumer council for the past 3 years on the same date. They have sent them letters and they said they rejected the payment. CCCS have proof these payment been sent well before the dates given.

    In the past reduced payment been set up and a due date been given I have paid on these dates and have the proof. To be told that the payment needs to go into the account 5-7 days before, So thats why the charges been added. yet its a bank account and not a credit account.

    I have constantly been sent letters that no charges will be made. Then 2 months down the line sent another letter to say I will be charged £90 for using an unplanned over draft, The account not used and its there charges that are applied that starts the charges off again.

    just cannot win the collcetions depatment dont speak english as a first langauge and have an english name that that cannot prounce,lol and if its not the queens english dont understand.

    Today I had a phone call from the so call centre asking me all types of question of my account and number then got the wrong name to say my PPI been refunded. If that does not breach confidentiality:eek:

    So I am writing again and hope the OMB can help:mad:
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