Bank Charges Reclaiming Guide discussion

ajmaj

Dear All,

Apologies in advance if I am posting in the wrong place or breaching any other rules/etiquette. It's my first time on the forum and just finding my way!

Basically, my query is this: in March 2009 NatWest, without any written or verbal warning, suddenly reduced my overdraft by £200. As a result of this, I ended up paying hundreds in charges and fees. Do I have the basis of a claim? In essence, what I'm asking is that are banks legally obliged to give one notice before making such changes to an account?

Many thanks. Great forum.

Best,

Ajmaj

Rhenser

ajmaj wrote: »

Dear All,

Apologies in advance if I am posting in the wrong place or breaching any other rules/etiquette. It's my first time on the forum and just finding my way!

Basically, my query is this: in March 2009 NatWest, without any written or verbal warning, suddenly reduced my overdraft by £200. As a result of this, I ended up paying hundreds in charges and fees. Do I have the basis of a claim? In essence, what I'm asking is that are banks legally obliged to give one notice before making such changes to an account?

Many thanks. Great forum.

Best,

Ajmaj

I'm not a lawyer, but am unaware of any statute that requires a notice.

However, there is almost certainly a contractual requirement for such a notice. I understand this is normally 30 days, although it may be immediate notice in certain circumstances.

You cannot reclaim using the article MSE has provided, but you would have grounds for a complaint.

What I struggle with, is why you didn't contact your bank 3.5 years ago when this happened to discuss the matter then? :huh:

You joining MSE 3.5 years later hoping to claim a refund sounds somewhat opportunistic in my opinion.

jonosh69

Hi all

I wrote to HSBC in 2010 about reclaiming bank charges and outlined my situation in terms of what I considered to be my hardship circumstances.

I got a letter back explaining that due to the court ruling they would not be refunding me. I lazily did not take this to ombudsman at this point. My question is can I still take my original complaint to the ombudsman to consider my case on the basis of financial hardship?

Any advice appreciated

nacker1

Hiya.
Has anyone got a phone number for this company.
Tried emailing them,but to no avail.
NC

hopeful12

Hi, I have been trying for over 4 years now to reclaim over £18,000 in charges inc interest from the Halifax based over 7 years. I have and still am suffering hardship problems due to them,, ie, bad credit files. I lost count of times I left the bank in tears as they just refused to help me in anyway just kept putting the charges on. Anyway, have now gone to FOS and they did take the case on and got as far as the adjuicator, at that point actualy thought I was getting somewhere and someone was listening. Everytime they asked the bank a question, the bank was given 4 weeks to reply to each question, so it has once again been dragged out, now right out of the blue after all this time, they have informed me that as the account was in joint names at the time, even though my ex husbands name was not a signaturoy on the account and never had been and proof for this was shown, along with the fact that at time of closure his name was not on the account either, again proof provided, they will no longer look into the charges claim. I have asked for more time to get advice about it as my divorce papers also show that my ex signed to say he would have no further claims on financial matters past, present or future. I have been given a 1 week extension, is that right ? how come the banks get 4 weeks for every single question posed and the "little people " get one week !!! Anyway, guys I need help now, I really do not want to fold after all this time and I know the bank is in the wrong here, so what now for me, I have asked for an eztension on the extension for the reasons stated above, FOS not replied to me yet. But is it correct that even though I have proof and court documents to prove he cannot have anything to do with any finacial matters, they wont take it any further because the account was joint. I dont even know where he is anymore, it was a very bad divorce as I am sure quite a few are, so speaking to him even if I could is not an option. Is court the answer for me ?? Any help appreciated.

Atidi

hopeful12 wrote: »

Hi, I have been trying for over 4 years now to reclaim over £18,000 in charges inc interest from the Halifax based over 7 years. I have and still am suffering hardship problems due to them,, ie, bad credit files. I lost count of times I left the bank in tears as they just refused to help me in anyway just kept putting the charges on. Anyway, have now gone to FOS and they did take the case on and got as far as the adjuicator, at that point actualy thought I was getting somewhere and someone was listening. Everytime they asked the bank a question, the bank was given 4 weeks to reply to each question, so it has once again been dragged out, now right out of the blue after all this time, they have informed me that as the account was in joint names at the time, even though my ex husbands name was not a signaturoy on the account and never had been and proof for this was shown, along with the fact that at time of closure his name was not on the account either, again proof provided, they will no longer look into the charges claim. I have asked for more time to get advice about it as my divorce papers also show that my ex signed to say he would have no further claims on financial matters past, present or future. I have been given a 1 week extension, is that right ? how come the banks get 4 weeks for every single question posed and the "little people " get one week !!! Anyway, guys I need help now, I really do not want to fold after all this time and I know the bank is in the wrong here, so what now for me, I have asked for an eztension on the extension for the reasons stated above, FOS not replied to me yet. But is it correct that even though I have proof and court documents to prove he cannot have anything to do with any finacial matters, they wont take it any further because the account was joint. I dont even know where he is anymore, it was a very bad divorce as I am sure quite a few are, so speaking to him even if I could is not an option. Is court the answer for me ?? Any help appreciated.

I'm sorry, but your belief that the bank is in the wrong here is, ... well, ..., there's no other way to say this really, but wrong.

There is no obligation at all for the bank to refund any bank charges under the financial hardship basis. You have already gone to the FOS, and whilst they also cannot force the bank to refund, they can ask the bank to reconsider it's stance in your particular case.

You won't get 7 years charges back. It would be unprecidented.

You cannot go to court using financial hardship as a basis for a claim.

Your best bet would be to try and keep the FOS on your side and see if they can help pursuade the bank to refund some of the charges.

lryder1987

Hi,

I have sent my first letter off to Halifax in a bid to reclaim £2250 (incl. interest) worth of charges acquired over 4 years, though most have been in the last 2 years.

I'm also beginning the same process with credit cards, one with Halifax and one with Barclaycard. Together, these also amount to approx. £1500.

I am reclaiming on the basis that most charges were added to my accounts during a period in which the creditors were well aware of my financial hardship, which remains to be the case.

Speaking with a Barclaycard rep today, I was told that charges being reclaimed was thrown out in court and that it's unlikely i'll see a penny back.....is this the case?

The fact of the matter is, should these charges be refunded, either in part or in full, my financial hardship would end almost instantaniously.

Any advice would be greatly appreciated....

....thanks in advance.

Little_Mo_70

lryder1987 wrote: »

Hi,

I have sent my first letter off to Halifax in a bid to reclaim £2250 (incl. interest) worth of charges acquired over 4 years, though most have been in the last 2 years.

I'm also beginning the same process with credit cards, one with Halifax and one with Barclaycard. Together, these also amount to approx. £1500.

I am reclaiming on the basis that most charges were added to my accounts during a period in which the creditors were well aware of my financial hardship, which remains to be the case.

Speaking with a Barclaycard rep today, I was told that charges being reclaimed was thrown out in court and that it's unlikely i'll see a penny back.....is this the case?

The fact of the matter is, should these charges be refunded, either in part or in full, my financial hardship would end almost instantaniously.

Any advice would be greatly appreciated....

....thanks in advance.

I think the Barclaycard rep is getting his Bank account and credit card account legal issues muddled. It was only bank account charges that were deemed to be fair. Hopefully you haven't based your Halifax bank claim on unfair charges!

If you feel your banks treated you unfairly knowing of your financial difficulties you may have a strong case for reclaiming your charges but you would have to prove this.

Also, any refunds you might receive would be offset against current outstanding debts.

Alpine_Star

Little_Mo_70 wrote: »

It was only bank account charges that were deemed to be fair.

Bank charges weren't deemed to be fair. Rather, they were ruled to fall into a category that was ineligible for them to be deemed fair or unfair.

Little_Mo_70

Alpine_Star wrote: »

Bank charges weren't deemed to be fair. Rather, they were ruled to fall into a category that was ineligible for them to be deemed fair or unfair.

Quite right too, I stand corrected.
Seniorly moments and totally wrong choice of words.

Still not fair though!!:D