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Bank Charges Reclaiming Guide discussion

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  • Jaffa123 wrote: »
    Hello all

    I have been experiencing some financial difficulties over the last 2/3 years after I lost my job. I then managed to find a new job but unfortunately the pay has not been regular, this has led to instances where I have been charged by the bank.

    I have been thinking about trying to claim back some of these charges as I have been trying my very best to avoid anymore.

    After reading a post on here, I am not sure if I would qualify as I do have a mobile and pay for internet as I need it for my job. I have also made purchases online every now and again, many times these are for my sister. She just gives me the cash and I pay from my account but the bank doesn't know that.

    Would things like this affect my claim? I'm not after a huge amount but any little I could get would help me greatly.

    I'm not sure if I'm wasting my time or if I should just give it a try?

    Any advice would be greatly appreciated.

    =)

    What makes you think you are in financial hardship as defined by the lending code?

    Money is tight for many of us in these austere times, but that is not what is meant by financial hardship in terms of the lending code.

    There's a great thread linked to in the sticky with many good links to online resources explaining what is meant by the term financial hardship in this type of claim.

    If after reviewing those resources, you still feel you are in financial hardship, then go ahead and make a claim explaining how you think it applies to you. The more matches to the examples given, the greater your chance of success.

    Good Luck! :)
  • Hi there,

    While i was in financial hardship in 2009 i went through the process of re-claiming my charges, i wrote to Halifax to get my statements and calculated my charges (£1400 in total).

    I then wrote to them asking that they pay them back and that i was in financial hardship to which they replied with a letter stating that they were involved in legal proceedings with the OFT in relation to bank fees and that my complaint will remain on hold pending the outcome of the legal proceedings (which at the time i think they won) so i felt i could take it no further.

    Is this still the case?

    I am no longer in financial hardship but have noticed that you can claim if you are, would i be eligible to claim still bearing that in mind and that these charges started in 2003? (although they were within 6 years at the time?)

    Many thanks in advance for your advice!
  • Your case was put on hold pending the result of the court case. The Banks won their court case. Your complaint ended there.
  • Nasqueron
    Nasqueron Posts: 10,723 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    This needs to be put back in the closed pile where it belongs, giving away billions more to people who can't manage their own finances (especially after the court case led to banks being clearer and reducing fees and helping people e.g. some banks now give you 2 attempts to collect funds in a day) is nonsense.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Aquamania
    Aquamania Posts: 2,112 Forumite
    will1416 wrote: »
    Hi there,

    While i was in financial hardship in 2009 i went through the process of re-claiming my charges, i wrote to Halifax to get my statements and calculated my charges (£1400 in total).

    I then wrote to them asking that they pay them back and that i was in financial hardship to which they replied with a letter stating that they were involved in legal proceedings with the OFT in relation to bank fees and that my complaint will remain on hold pending the outcome of the legal proceedings (which at the time i think they won) so i felt i could take it no further.

    Is this still the case?

    I am no longer in financial hardship but have noticed that you can claim if you are, would i be eligible to claim still bearing that in mind and that these charges started in 2003? (although they were within 6 years at the time?)

    Many thanks in advance for your advice!

    There was never any agreement to allow claims that involved financial hardship to be put on hold, even in 2009 or earlier pending the Supreme court's judgement.

    The bank should not have attempted to put your claim on hold at that time, and as they did, you should have complained to the FOS who would have ensured the bank considered your claim at the time. Unfortunately, you are now way out of time to make such complaint to the FOS.

    As banks will only consider claims based financial hardship where that is current, you would be wasting your time attempting to do so now.

    But congratulations on having got yourself out of financial hardship. And proving that the application of bank charges was not a factor preventing you from doing so :T
  • Hi,

    With the recent revival of the Bank Charges reclaim, I was wondering if I had already tried to claim the first time round and this was refused by Barclays whether I could try again this time? Years of charges when I was younger mean that despite working full-time I have constantly lived in my overdraft! I would like to get a mortgage eventually before the lenders say I'm too old but being in my overdraft will also go against me. Any advice please? X
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    Cherys15 wrote: »

    With the recent revival of the Bank Charges reclaim
    There is no such "revival", the Banks won their court case about unfair charges and are still under no obligation to refund anything.

    If you have already complained and been rejected there is little point in complaining again unless you now fulfil the Bank's criteria (not your own) of Financial Hardship.
  • dunstonh
    dunstonh Posts: 119,706 Forumite
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    With the recent revival of the Bank Charges reclaim
    There is no revival. Just two successful cases since the banks won the court case. Both had unusual circumstances.
    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.
  • Alpine_Star
    Alpine_Star Posts: 1,372 Forumite
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    dunstonh wrote: »
    There is no revival. Just two successful cases since the banks won the court case. Both had unusual circumstances.


    What were the unusual circumstances in the Foster-Burnell case?
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