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Bank Charges Reclaiming Guide discussion

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  • dunstonh
    dunstonh Posts: 119,743 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    HSBC has been subjecting me to overdraft charges for years. Since 2006 I haven't had an agreed overdraft. Surely they can't charge me for credit if a credit agreement isn't in place? Can someone advise me if i have a case for claiming these charges back?

    A credit agreement is in place.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Hi,

    I'm with the bank of Scotland and after seeing tips on MSE I decided to have a go at trying to get my charges of £1818 back dated from 2007-2013. I was just looking to see if anyone has had any success with HBOS under hardship? I know that they only consider 5 years worth in Scotland so not sure how successful I will be. I complained on Friday and had a phone call Friday night to say someone will be in touch on Monday afternoon? I don't know if that's a good sign or not? I hope I get it all back as it will make me debt free if they pay out!!
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Roryboy88 wrote: »
    Hi,

    I'm with the bank of Scotland and after seeing tips on MSE I decided to have a go at trying to get my charges of £1818 back dated from 2007-2013. I was just looking to see if anyone has had any success with HBOS under hardship? I know that they only consider 5 years worth in Scotland so not sure how successful I will be. I complained on Friday and had a phone call Friday night to say someone will be in touch on Monday afternoon? I don't know if that's a good sign or not? I hope I get it all back as it will make me debt free if they pay out!!

    Hardship cases look at whether you are in difficulty now, not in the past. If you are in current difficulty most banks will offer a few months back, not five years.
  • tomtontom wrote: »
    Hardship cases look at whether you are in difficulty now, not in the past. If you are in current difficulty most banks will offer a few months back, not five years.

    What if the charges have contributed to current hardship, default on credit report, having to live on credit card, although I haven't had a charge in almost a year, I defaulted on a mobile phone bill as the charges kept coming at the same time the phone bill was due and could not afford to pay both?
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Roryboy88 wrote: »
    What if the charges have contributed to current hardship, default on credit report, having to live on credit card, although I haven't had a charge in almost a year, I defaulted on a mobile phone bill as the charges kept coming at the same time the phone bill was due and could not afford to pay both?

    You would normally need to be in current hardship. See what they say, each bank uses different criteria and they may offer you something as a goodwill gesture.
  • We'll we find out tomorrow opefully :)
  • dunstonh
    dunstonh Posts: 119,743 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Roryboy88 wrote: »
    What if the charges have contributed to current hardship, default on credit report, having to live on credit card, although I haven't had a charge in almost a year, I defaulted on a mobile phone bill as the charges kept coming at the same time the phone bill was due and could not afford to pay both?

    Any refund is a goodwill gesture. It will have no impact on defaults. If you are in current hardship then you can put your case to them. Be aware that they check your spending habits by looking at debit card transactions to see if you are making luxury purchases such as sky tv, mobile phone, eating out etc.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • We'll they phoned today to say that the made a £40 refund in 2009 and have a 1 refund per customer policy and they won't be giving me a refund, I've asked for a letter to confirm this which they have refused to give me! I told them I want there decision in writing so I will see soon! Some of my charges were as high as £95!
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Roryboy88 wrote: »
    We'll they phoned today to say that the made a £40 refund in 2009 and have a 1 refund per customer policy and they won't be giving me a refund, I've asked for a letter to confirm this which they have refused to give me! I told them I want there decision in writing so I will see soon! Some of my charges were as high as £95!

    As advised any offer would be a goodwill gesture - they are not the only bank that have a one refund only policy, based on the reason they have already given you an opportunity to sort your affairs.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Roryboy88 wrote: »
    I told them I want there decision in writing so I will see soon!
    You've already had the likely decision written here in several posts and the Bank are really just confirming what you've already been told.
    What do you plan to do with the rejection letter? You cannot refer your complaint to the Ombudsman.
    Roryboy88 wrote: »
    Some of my charges were as high as £95!
    Since the Banks won their court case regarding "unfair" charges in 2009, the charge amounts levied against you are irrelevant.
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