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Bank Charges Reclaiming Guide discussion
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Tony_Doolin wrote: »Cheers....
The 2009 court case basically killed the claiming back of historic charges - they ruled the challenge to "unfair" charges was not valid, thus any attempt to make a case at the bank on old charges is doomed to fail, they only consider current financial hardship cases (which may get a refund of say 6 months of charges but they don't have to, you might just get a freeze on future charges etc).
See FOS link below
http://www.financial-ombudsman.org.uk/faq/bank-charges.htmlSam 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.
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Can one claim for a refund of charges to a dead parents account?0
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Can one claim for a refund of charges to a dead parents account?
If you are the executor of a will you can yes but you are limited in your complaint as you must only use factual information, any form of hearsay involving what was discussed at the time is not allowed unless you were present. I am assuming you are talking about packaged account charges, you wouldn't get anywhere with a complaint about charges like OD fees or failed payments, these are only considered for current financial hardship and with your parents being deceased, they are not in hardshipSam 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.
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Yes l was executor and read the bank statements which showed a monthly fee for a packaged account. My mother at the time was in her 80's and suffered mental health problems and would not have understood what she was agreeing to. My brother and myself are in hardship.0
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Yes l was executor and read the bank statements which showed a monthly fee for a packaged account. My mother at the time was in her 80's and suffered mental health problems and would not have understood what she was agreeing to. My brother and myself are in hardship.
You need to deal with 3 separate cases then
The easier 2 are yourself and your brother - simply ring the bank and ask for the hardship team, explain your situation and they will look at options to help you such as a refund of recent charges, freezes on future charges or help on a debt management plan. Do note "self-inflicted" hardship such as expensive mobile/TV bills, eating out, shopping at expensive brands etc counts against you.
With your mother you would need to establish WHEN it was sold and WHY it was sold. It's quite possible your mother wanted the account (hence why you can't use hearsay - the bank may have a record of her asking to upgrade). You need to look at the date it was taken out - if it was recently (after her problems were diagnosed) then you might have a case, if it was some time in the past before this was diagnosed, it may well be she wanted it. You would need to look at point of sale and see then whether the package benefits were suitable (e.g. no point having car breakdown cover if she never drove or if the travel insurance wouldn't cover her due to her age).
Establish the circumstances and facts and then decide about whether to proceedSam 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.
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I am trying to claim back my bank charges here in Canada form a Canadian bank.
My question is "Does the 2009 court case ruling on bank charges" apply to Canadian banks as well as UK banks ?
The charges here are just as bad as they were back home in the UK and in most respects Canada is quite a number of years behind the UK. If I could find a way to claim them back over here I could help others do the same.0 -
My question is "Does the 2009 court case ruling on bank charges" apply to Canadian banks as well as UK banks ?
No. The UK English court decision that the banks won affected England and Wales only.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.0 -
But could the banks over here (Canada) use the UK 2009 case as a precedent to get out of paying up ?0
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Tony_Doolin wrote: »But could the banks over here (Canada) use the UK 2009 case as a precedent to get out of paying up ?
No, court cases in the UK have no effect at all on Canada, there would need to be a test case in Canada against a Canadian bank to make such a judgementSam 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.
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