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Bank Charges Reclaiming Guide discussion

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  • chipbeck wrote: »
    Not even bothered trying as Lloyds appear to be the worst. I have an overdraft of nearly 5k so I'm in no position to argue. Even though a conservative estimate is that at least 60% of this overdraft is made up of charges. You have to understand that with lloyds new terms if you !!!! up you will get hammered. As I mentioned on another thread I haven't had charges for a couple of years but last month they bounced a DD and couldn't pay two SO's. Result was £329 in charges. Reason I have been trying to keep on their good side is that 2 years ago I amassed over £1200 in charges in one month.
    My own fault because the funds weren't available. Quite a few people on here will tell you that if you step out of line then the banks should and will punish you. Fair comment.



    The point I am trying to make is that Lloyds new terms came into effect long before any court rulings. My charges have been applied entirely against the new Terms. How any person could see the level of charges Lloyds are now in a position to charge as being reasonable is, not in touch with reality.

    don't give up see my posts, i have been in collections 4 years, been with the fos 14 months, you have got to be in it, to win it.writ to them today, start today, go on, post updates
  • chipbeck
    chipbeck Posts: 1,372 Forumite
    1,000 Posts Combo Breaker
    sharon666 wrote: »
    chipbeck wrote: »
    Not even bothered trying as Lloyds appear to be the worst. I have an overdraft of nearly 5k so I'm in no position to argue. Even though a conservative estimate is that at least 60% of this overdraft is made up of charges. You have to understand that with lloyds new terms if you !!!! up you will get hammered. As I mentioned on another thread I haven't had charges for a couple of years but last month they bounced a DD and couldn't pay two SO's. Result was £329 in charges. Reason I have been trying to keep on their good side is that 2 years ago I amassed over £1200 in charges in one month.
    My own fault because the funds weren't available. Quite a few people on here will tell you that if you step out of line then the banks should and will punish you. Fair comment.

    The point I am trying to make is that Lloyds new terms came into effect long before any court rulings. My charges have been applied entirely against the new Terms. How any person could see the level of charges Lloyds are now in a position to charge as being reasonable is, not in touch with reality.

    don't give up see my posts, i have been in collections 4 years, been with the fos 14 months, you have got to be in it, to win it.writ to them today, start today, go on, post updates

    Hoping my new account will come through from the co op either tonight when I get home or tomorrow. I arranged it on Friday. I'm hoping then that I can get all my DD's and SO's paid by Lloyds this month then I'm out of there and will be giving them some grief.
  • chipbeck wrote: »
    sharon666 wrote: »

    Hoping my new account will come through from the co op either tonight when I get home or tomorrow. I arranged it on Friday. I'm hoping then that I can get all my DD's and SO's paid by Lloyds this month then I'm out of there and will be giving them some grief.

    good for you, this is excellent. good luck
  • gdawn wrote: »
    hi everyone,i'm with santander,in 2007 tried to claim £1583 in charges,sent letter jan 2010 with hardship letter to claim total £2778,had letter refunding £115 for jan 2010 charges,any charges for feb will be refunded & any unauthorised overdraft charges will be canncelled till april 2010 to break the cycle of charges they state........anyone know what my next step is please?

    keep going, write again, copy everything, put dates on your letters, ask them to be positive and not negitive, ask them for their final response, you can open a complaint with the fos, this will take time, so try getting your point across to this bank first ask and ask again, don't ask don't get, keep going keep complaining, track your letters, at the postoffice, you will know, they have got them, they need to sign the other end, no need to record thats £4.99 just pay first class its about 0.39 pence first class letter, and 0.75 pence recorded. Post updates, make sure you clearly state your curcumstances.
    Sharon666
  • You could always respond to them that you have received their letter and will respond to them shortly with your response to extend the timeline.

    I have read through the guide, I'm not in hardship now I have stopped getting charges, but my claim is from 2007, and the letters says to reply to The Bank Manager, but I dont know for sure :(
  • chillxxx wrote: »
    You need to follow the article on the main MSE website, and decide weather you qualify for the hardship / humane approach or send an amended compliant using the legal agrument. i am guessing by your last post that as these charges have been incurred some time ago that the legal agrument would best suite you. But have a read of the article and decide upon your own circumstances

    Thanks for replying chillxxx i will re-read the guide, and backdate my letter!!

    Sian
  • 8ball8
    8ball8 Posts: 20 Forumite
    Hi, I'm trying to reclaim some bank charges on behalf of a friend who's moved to South America and can't continue with the process herself, is it ok to sign any official correspondence with my name and pp her?
  • Hi, I received a letter earlier this month from Optima Legal on behalf of Bank of Scotland as a result of a small claim I put in early last year (prior to the supreme court judgment). The letter asks me to sign to say I wish to discontinue my action against them which I don't really want to do however there is a paragraph in there which makes me nervous! It reads:

    We would like to invite you to sign, date and return the attached notice of discontinuance. We will then file the notice to court on your behalf and your claim will be struck out. In return, our client shall not seek any costs order against you (!?). Alternatively, we should be grateful if you could indicate on what grounds you intend to proceed with your claim given the Abbey National ruling explained above.

    Has anyone got any advice as to what I should do? I am unsure if I fit into any of the new criteria for re-claiming.

    Part of me does not want to give up as the (then) Halifax caused me a great deal of stress with their charges and as a result my credit rating is still terrible.

    I would be grateful for any help you can offer.

    Many thanks
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    how small is your claim. I wouldnt recommend anyone who is only claiming a small amount (ie under £1000) to continue as the risk is much greater than any possible gain if you win - of course there is the CRA reporting and it again depends how severe this is affecting you and how much it is actually related to the charges and not any legitimately incurred overdraft.

    You also need to spend a fair time going through your transaction lists (if you dont have them you need to do a new DPA request to get them as a list of charges will not help you here) and go through looking at all the transactions which resulted in charges and seeing if any are specifically unfair or show the imbalance of the banks power over you. Also if you have things like loans, which were force paid from your current account without you being able to cancel them, or if they carried on annihilating you for charges despite you contacting them and telling them of circumstances....ie you need to show particular unfairnesss rather than just having a few charges which you think are a bit expensive.

    Then you can make a decision which way you want to go.
    LegalBeagles
  • I spoke to the Financial Ombudsman's office yesterday to ask about reclaiming charges placed on a bank account because the bank in question Lloyds put an overdraft on an account where no overdraft was authorised. The payment was for a Lloyds loan and in all bank account agreements it states in the small print that any account held with the company can be ransacked if there is a positive balance in it to satisfy a defaulted account elsewhere in the company.

    In this case the current account was put into overdraft to pay the loan. Claiming hardship (not unfair or excessive charging) the bank took off all the charges and are holding new charges until we make an offer. Hardship in this case is £3,000 outstanding on council tax, with bailiffs on the doorstep.

    The advice from the F O was to claim on the grounds of hardship with no mention of unfair or excessive charging as in their experience such claims are dismissed "out of hand".

    I'm not sure that bankers understand the concept of hardship with the resumption of bonuses. I suppose having to use a black cab instead of an air taxi helicopter service to get to work might be hardship. I don't know I just walk.
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