Bank Charges Reclaiming Guide discussion

Tony_Doolin

Ok thank you. I'm already on with trying to claim back my own bank charges over here. Obviously, there are some differences with the law and the Banking Act etc here in Canada, however I have managed to find the relevant info I need. As yet no one has challenged the banks over their bank charges, I believe I could be the first. I'll keep you posted.

Nasqueron

Suspect it might take a while!

Some relevant new reports:

http://www.cbc.ca/news/bank-fees-no-problem-consumers-group-says-1.677511

https://www.consumerprotectionbc.ca/blog/item/294-are-late-payment-or-default-fees-legal

http://www.nortonrosefulbright.com/knowledge/publications/121113/banks-and-provincial-consumer-protection-laws-the-supreme-court-of-canada-weighs-in

https://en.wikipedia.org/wiki/Bank_of_Montreal_v_Marcotte

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14352/index.do

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14353/index.do

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14354/index.do

brenda50

Thanks. My brother and me don't have an account at the bank and our mother has been dead 9 years. He asked me recently if we can claim the charges back. She was definitely not in her right mind when she agreed to it. She had been addicted to benzos for 20 years and antipsychotics for a few years. I will write to the bank and ask them the date that she agreed.

[Deleted User]

brenda50 wrote: »

Thanks. My brother and me don't have an account at the bank and our mother has been dead 9 years.

I doubt you'll have any luck making a complaint on behalf of someone who has been dead so long. For a start, it's unlikely the Bank will have kept any detailed records of a customer deceased almost a decade.

Also, do be aware that your own current hardship is completely irrelevant-especially as you don't even hold an account with the same Bank as your Mother.

Nasqueron

brenda50 wrote: »

Thanks. My brother and me don't have an account at the bank and our mother has been dead 9 years. He asked me recently if we can claim the charges back. She was definitely not in her right mind when she agreed to it. She had been addicted to benzos for 20 years and antipsychotics for a few years. I will write to the bank and ask them the date that she agreed.

If you have personal financial hardship and it is ongoing (as in each month you get a cycle of charges you can't clear), speak to your bank individually. If it's historical, forget it, they don't refund old cases especially if you have moved banks.

On your initial post it read like your mother had just died and you were dealing with her affairs. If it's 9 years ago she died and took the account out long before that I'm afraid you would be best leaving that one be, any records are likely long gone and unless you can show she was clearly unable to comprehend what she was signing up for and the bank were aware of the situation I can't see any realistic prospect of success

chris27

If I have an old Account with Natwest where the debt for a CC and overdraft has been passed to a credit agency could I still look into reclaiming charges?

The debt is older than 6 years and doesn't show on my file.

I've been paying a sum of £20 a month since the early 2000's to the collection agency, who have recently phoned to confirm address details.

I never found any paperwork re the old debt due to the age of it, so they are getting Natwest to send through paperwork related to that.

Is there any chance I could be due some money back from this?

[Deleted User]

chris27 wrote: »

If I have an old Account with Natwest where the debt for a CC and overdraft has been passed to a credit agency could I still look into reclaiming charges?

In a word, no.

You no longer have an an active account and so cannot complain to them of current hardship.

Diddles1971

Hi, I'm brand new here today so please be gentle with me!

I recently got married and because I'm on ESA benefits my income has reduced greatly due to my husband's income being now factored into the equation. I have no debt of my own other than a very tiny mortgage.

My husband has an overdraft with NatWest of £2500. He earns only £1200 a month and has been off work since September pending a mental health review. ( His work sickness pay is due to come to an end soon).

I would like to approach the bank regarding his overdraft charges. He has no chance of ever clearing the debt if the current cycle continues- he lives in a constant cycle of charges and permanent overdraft.

My thoughts are that the bank has lended irresponsibly. He has bipolar 1 disorder. He has had episodes of severe mania in the past whereas he has bought ridiculously expensive items on a whim. It contributed to his diagnosis.

I'm just asking how to approach this. The bank happily kept increasing his overdraft despite his obvious inability to control the debt.

Any suggestions very much appreciated. Thank you.

Nasqueron

Diddles1971 wrote: »

Hi, I'm brand new here today so please be gentle with me!

I recently got married and because I'm on ESA benefits my income has reduced greatly due to my husband's income being now factored into the equation. I have no debt of my own other than a very tiny mortgage.

My husband has an overdraft with NatWest of £2500. He earns only £1200 a month and has been off work since September pending a mental health review. ( His work sickness pay is due to come to an end soon).

I would like to approach the bank regarding his overdraft charges. He has no chance of ever clearing the debt if the current cycle continues- he lives in a constant cycle of charges and permanent overdraft.

My thoughts are that the bank has lended irresponsibly. He has bipolar 1 disorder. He has had episodes of severe mania in the past whereas he has bought ridiculously expensive items on a whim. It contributed to his diagnosis.

I'm just asking how to approach this. The bank happily kept increasing his overdraft despite his obvious inability to control the debt.

Any suggestions very much appreciated. Thank you.

You need to approach this as a case of financial hardship not trying to blame his bank for his spending issues, he's an adult and has responsibility for his actions. If he was such a risk why did you not take away his card? If anything, increasing his OD limit saved him charges from unauthorised OD breaches.

Speak to the bank and explain the problem of charges and being unable to clear them and they will offer help in some form, be it a refund of recent charges, a freeze on future charges/interest or some sort of debt management plan. You need them on your side not against you (which accusing them of being irresponsible will do). Evidence of luxury spending like expensive mobile contracts, Sky TV and eating out will count against you.

Also post on the Debt Free Wannabe forum on here with a Statement of Affairs and people can help you save money

dunstonh

My thoughts are that the bank has lended irresponsibly. He has bipolar 1 disorder. He has had episodes of severe mania in the past whereas he has bought ridiculously expensive items on a whim. It contributed to his diagnosis.

With mental health issues, it is very difficult for third parties to know. Were the bank aware of his medical history prior to letting him borrow money?

If they didnt know the extent of it then its difficult for them to be aware of it.

By all means make your case to them. There is a good chance the bank will consider a goodwill gesture as they do tend to be very good on mental health cases nowadays. However, be careful of going in too heavy as you dont want to alienate the person looking at his case. You want them on his side. So paint the picture of hardship and how his mental health is suffering. Don't make aggressive allegations that cannot be supported or may not be accurate or reasonable. If they are accurate, then include them but use a neutral tone in the wording.