Bank Charges Reclaiming Guide discussion

alfshrek

No doubt this question has already been covered at some point...but I cant find it anywhere!
I have been through all the carry-on with my Bank about overcharging in the past. I had started legal proceedings in the local County Court just prior to the decision to suspend all actions pending the outcome of the Test Case. I have now asked the Financial Ombudsman to examine my case and make a decision . I have paid the County Court fees but, of course, they have taken no action to date. Can I reclaim these fees from the County Court?

Premier_2

alfshrek wrote: »

No doubt this question has already been covered at some point...but I cant find it anywhere!
I have been through all the carry-on with my Bank about overcharging in the past. I had started legal proceedings in the local County Court just prior to the decision to suspend all actions pending the outcome of the Test Case. I have now asked the Financial Ombudsman to examine my case and make a decision . I have paid the County Court fees but, of course, they have taken no action to date. Can I reclaim these fees from the County Court?

Bad news alll around I'm afraid.

The FOS will probably not now consider your claim as it is the subject of legal action.

The court fees you paid were for filing the claim. You filed it with the court, so the fee you paid covered that service. It is not refundable.

You could follow up and find out what is happening to your court claim. But chances are if it is not already struck out, it will be eventually as your original POC would almost certainly be flawed (following the clarification of the existing law in the Supreme Court in November 2009). It may be possible to chnage that poc, but it would cost you even more money, and no one has reported any success in court following the latest MSE guide to reclaiming via court action.

rkadesignz

looking for advice i applied for my bank charges back 12 months ago and they offered me 750 instead of 2,900 i moved house and forgot all about it can i continue my claim or do i have to reclaim?

Premier_2

rkadesignz wrote: »

looking for advice i applied for my bank charges back 12 months ago and they offered me 750 instead of 2,900 i moved house and forgot all about it can i continue my claim or do i have to reclaim?

You could contact the bank and see if their offer still stands.

I suspect it won't as the Supreme Court have ruled on the current law in the meantime.

I suspect you are not in any form of financial hardship either, as you seem rather blase about the whole thing.

If the bank won't now honour the original offer, I suggest you give up. Banks are only really paying out on financial hardship grounds at present ... and then usually only for the last 6 months at most.

dixon24

In serious financial hardship now due to monthly bank charges each month. Tried to reclaim a couple of years ago and claim was put on hold then dismissed once the high court ruling stated that banks did not need to pay any money back to customers.

Can I put in another claim on the same bank accounts? Our situation is much more serious and because of the charges each month is sinking up deeper and deeper in debt!

We feel we're in a hole that we cant get out of as we are trying to pay back in charges each month but then going overdrawn and being charged again.

Help!!!

Premier_2

dixon24 wrote: »

In serious financial hardship now due to monthly bank charges each month. ...

Hi dixon24 and welcome to MSE :hello:

If you are in genuine financial hardship, of course you can make a claim. Be aware however that each case is treated individually and there is no guarantee of getting even 1p refunded. All that banks are expected to do is treat each valid claim with a 'sympathetic and positive approach'.

However, I'm not convinced by what you have written that you will even qualify as being in genuine financial hardship, although I appreciate you may not have given us all the details. However, simply incurring bank charges alone is not a basis for a financial hardship claim. See the sticky thread entitled 'financial hardship online resources' for more details on what is and isn't considered financial hardship.

siobhan75

any advice would be great!!!! last may i received nearly £1400 bank charges from barclays bank.. i have since read on this website that i could try and reclaim the rest of the money.. i went down the financial hardship route last time.. i received a letter from barclays saying that it wouldnt be refunding any fees!!! can the bank do that when it has already refunded money to me as it agreed with my financial difficulty claim before?? or is it just a standard letter.. any help would br great..

Premier_2

siobhan75 wrote: »

any advice would be great!!!! last may i received nearly £1400 bank charges from barclays bank.. i have since read on this website that i could try and reclaim the rest of the money.. i went down the financial hardship route last time.. i received a letter from barclays saying that it wouldnt be refunding any fees!!! can the bank do that when it has already refunded money to me as it agreed with my financial difficulty claim before?? or is it just a standard letter.. any help would br great..

There is no obligation on a bank to refund even 1p, let alone the £1400 you've already had, on the basis a customer is in financial hardship. The only obligation is that the bank handles such cases with a 'sympathetic and positive approach'

If you want 'the rest', you'll have to follow the guide and make a legally based claim. Be aware of the potentially huge costs that could incur you in, and that no one has yet reported any success in court using that guide.

nickibrew

Can somebody help me and tell me what i do next! I started my bank reclaim charges for 2 Abbey accounts back in March 2007. I attended Southend County Court on 17th July 2007 and in front of District Judge Dudley and a representative from Abbey National was told that I would be paid in full within 28 days. Then the next thing I received was a letter from the court saying the case has been stayed as was the case with all bank charge cases until the test case being heard at the high court. At the time of the hearing I was going through a nasty divorce and have 4 children that I am Trying to raise.

Please could you advise if I have any chance of getting any of the above fore mentioned charges back.

Many thanks

Premier_2

nickibrew wrote: »

Can somebody help me and tell me what i do next! I started my bank reclaim charges for 2 Abbey accounts back in March 2007. I attended Southend County Court on 17th July 2007 and in front of District Judge Dudley and a representative from Abbey National was told that I would be paid in full within 28 days. Then the next thing I received was a letter from the court saying the case has been stayed as was the case with all bank charge cases until the test case being heard at the high court. At the time of the hearing I was going through a nasty divorce and have 4 children that I am Trying to raise.

Please could you advise if I have any chance of getting any of the above fore mentioned charges back.

Many thanks

Hi nickibrew, and welcome to MSE :hello:

I don't quote follow how, after judgement was awarded to you, the judgement was apparently annulled. :huh:
Was there some kind of appeal or something?
If not, how was the judgement annulled? You can't stay a claim that has already had judgement awarded; the claim is effectively over (unless it is appealed). Why couldn't you simply take enforcement action in support of the judgement? Presumably you have good reason else I'm not sure why you have waited 3 years.

In regards to making a new claim, I suggest you read the MSE guides to reclaiming bank charges. These have been fully revised since the Supreme Court ruling in November 2009 ... almost 10 months ago (although the guide based on making a claim via court did take a few months to be published as it needed some expert legal advice)


Chance of you getting any charges back? Low to nil I suspect.

The only people that are getting any charges back appear to be only those in financial hardship, and then it's not guaranteed.
I suspect you are not in financial hardship as if you were, there was no need to have filed a court claim (which cost you money!), and even if you did, there was an FSA waiver in place to avoid claims involving financial hardship being stayed.

No one has reported any success in court (i.e. using legal arguments) since the Supreme Court ruling by following the revised MSE guide to reclaiming bank charges.