Bank Charges Reclaiming Guide discussion

Premier_2

danelliott wrote: »

...can or will the banks refund if your in a position of severe financial hardship? if your not working and cant claim JSA for example will they be willing to refund ??????

Even if you are in financial hardship, the banks are not obligated to refund any charges.
They simply need to show that they have "taken a sympathetic and positive approach" to the customer's individual situation.

e.g. in the final case 083/5 in this link, the customer thought his financial difficulties automatically entitled him to a full refund of all the charges on his account. The FOS explained that this was not the case.
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/83/83-financial-difficulties.htm

So in addition to the fraction of the charges already refunded/offered, the agreed resolution was to reschedule the overdraft at a lower interest rate with affordable repayments.

natweststaffmember

BigCraigJohn wrote: »

Ive noticed that I worked the interest wrong and was short changing myself so i'm going to start again this time to the address they gave me making it clear that I will take it further, know my rights, will not be fobbed off + mentioned the fact they lost my original letter with a print off from the royal mail site. Fingers crossed they dont fancy a duel.

I wouldn't start again.

***_22

I'm just posting to see if i can still reclaim bank charges from Lloyds TSB. I've recieved many charges from them over the years since 2003, at one point I paid £260 at once and various other 50 and 60s over the years.

Is there certain circumstances I can reclaim them or have I missed the deadline?

Thanks.

natweststaffmember

*** wrote: »

I'm just posting to see if i can still reclaim bank charges from Lloyds TSB. I've recieved many charges from them over the years since 2003, at one point I paid £260 at once and various other 50 and 60s over the years.

Is there certain circumstances I can reclaim them or have I missed the deadline?

Thanks.

There is no deadline but I would read the guide which I am sure Premier will post up either later today or tomorrow.

jenny5969

Little me V A&L

(Northern Ireland)£800 - £1400 owed if i win my % bk 2 ...
Hi everyone
Here's were im at .... case has been on hold in court since 07,got a solicitors letter from ARTHUR COX (Dublin/London/New York!!) last mth ... threatening me that due to My Claim having no realistic prospect of success in Court !!! They have written to the Court to request they strike the claim
FORTUNATELY for me the Court said NO
My Date is set 30th June ... lots of work to do now But
BRING IT ON !!! its been a long,drawn out process but wil hopefully b worth it

any advice will b greatly recieved

NEVER GIVE UP PPL ..... Good Luck x

natweststaffmember

jenny5969 wrote: »

Little me V A&L

(Northern Ireland)£800 - £1400 owed if i win my % bk 2 ...
Hi everyone
Here's were im at .... case has been on hold in court since 07,got a solicitors letter from ARTHUR COX (Dublin/London/New York!!) last mth ... threatening me that due to My Claim having no realistic prospect of success in Court !!! They have written to the Court to request they strike the claim
FORTUNATELY for me the Court said NO
My Date is set 30th June ... lots of work to do now But
BRING IT ON !!! its been a long,drawn out process but wil hopefully b worth it

any advice will b greatly recieved

NEVER GIVE UP PPL ..... Good Luck x

If your POC(particulars of claim) referred to level of charges/penalty charges/ extortionate charges then you are in deep trouble with the claim. If you have amended the POC and stuck to UTCCR 1999 regulation 5 or even CCA arguments then you might be ok.
If you have anything about benefits being inalienable then you are also in trouble of losing. Those are the pitfalls. If you win then thank god, lol!

natweststaffmember

matt_h wrote: »

Hi all
I am helping my girlfriend reclaim her charges from the past few years. We are certain she meets the hardship criteria listed on this site, and can demonstrate that (ie. missing rent/bill payments, loss of employment, childcare and so on)

From what I've been reading, currently cases of financial hardship have a greater chance of success than legal arguments that the charges are unfair (even though my own opinion is that they are) as the Court ruling is not as relevant to them. Is that right?

If there is any more info you need to offer advice please let me know

Thanks

You need to read the lending code section 9. Just to clarify something, which I do a lot these days, financial hardship is not about one individuals circumstances but about household circumstances, ie if you are in financial hardship then it is about priority debts ie rent/mortgage, council tax, utilities etc,etc, and how bank charges are worsening them. If you don't have them or household income against outgoing is even £1 in the black then they will decline it outright. Furthermore, the bank does not have to refund even 1p under financial hardship.
Having said that, if you still believe you fit the criteria then ask the question to the bank concerned and include evidence of financial hardship plus an income and expenditure form.

girovago30

hi, need some help here, have went to ombudsman and been filling in court papers for a year now trying to get bank in court so i can claim charges and compensation for the distress they have caused me and my family. have got court papers through and have date for end of next month but says banks don't need to attend ,so am i going against british goverment or banks?

natweststaffmember

girovago30 wrote: »

hi, need some help here, have went to ombudsman and been filling in court papers for a year now trying to get bank in court so i can claim charges and compensation for the distress they have caused me and my family. have got court papers through and have date for end of next month but says banks don't need to attend ,so am i going against british goverment or banks?

What are the Particulars of Claim you have lodged with the court? If you don't have a figure already then I would be worried for you already.

Giles23

Ok, today I will re-start the reclaiming process. I asked Barclays for my charges back 3 years ago but because there was a court ruling to be expected, they froze it all and I never picked it up again... needless to say that things got tougher since and I will keep you all updated on Barclays reactions. Thanks moneysavingexpert, would not know what to do without you guys, keep up the good work!