Bank Charges Reclaiming Guide discussion

Premier_2

Aberdovey wrote: »

Hi I have got a very simple little account with the Halifax, debit card and cheque book only, no overdraft facility, kids stuff really but I thought I would keep it simple. Silly me. I had direct debits on the account that went wrong so incurred bank charges, then because they were taking the money out of the account they made me overdrawn and also it meant that direct debits weren't paid because they had taken my money so on and on it went a viscious circle. What I want to know is as this account was basically a building society type account rather than a bank account proper where do I stand? Do I have any change of getting these charges back? The bounced a Halifax credit card direct debit and then charged me for that on the account so I got charged for the credit card bounce and for the bank account bounce!! Great banking. Bearing in mind the recent judgment would my little account be included in that? Look forward to hearing from you.

The article applies to you.

I think you are confusing yourself over what type of account you have.
You have an account with a cheque book, debit card ... and presumably one that accepts Direct Debits to be set up on. All these facilities are ways you could possibly attempt to spend money you do not have in your account. When that occurs, you will be charged as per the terms & conditions. It is those charges that this article covers.

If you would like a building society type account, could I suggest you apply for one at a building society - the Halifax is a bank. If you obtain a building society account that doesn't issue cheque books, debit cards, etc and doesn't allow you to set up standing orders, direct debits etc, then you probably won't be able to authorise transactions that you don't have the funds to honour and so won't be charged ... which as the article says, the best way to avoid bank charges is not to incur them in the first place.

natweststaffmember

Aberdovey wrote: »

Hi I have got a very simple little account with the Halifax, debit card and cheque book only, no overdraft facility, kids stuff really but I thought I would keep it simple. Silly me. I had direct debits on the account that went wrong so incurred bank charges, then because they were taking the money out of the account they made me overdrawn and also it meant that direct debits weren't paid because they had taken my money so on and on it went a viscious circle. What I want to know is as this account was basically a building society type account rather than a bank account proper where do I stand? Do I have any change of getting these charges back? The bounced a Halifax credit card direct debit and then charged me for that on the account so I got charged for the credit card bounce and for the bank account bounce!! Great banking. Bearing in mind the recent judgment would my little account be included in that? Look forward to hearing from you.

Ok, a few things come to mind,
1) Reclaim on the credit card charge incurred.
2) you mentioned that Direct Debits went wrong, how(cos I wasn't sure what you meant)?
3) There are I believe 5 building societies that offer a current account, Nationwide are one them and there are 4 others(I can get the names) but it is irrelevant when it comes to bank charges. A charge is a charge is a charge so to speak.

natweststaffmember

the_black_cat wrote: »

Wouldn't a reasonable attempt be taken into count that I put a claim in before the test case then waited two years for a non satisfactory result? I also claimed the hardship route during that waiting time but as some of my debts weren't actually in my name I didnt qualify and decided not to send the IE back.
By not sending back the I&E form you gave the bank grounds under the now defunct waiver to reject the claim outright rather than being able to provide evidence to them of your financial hardship.

I have managed my debts well over the last couple of years and have turned my financial hardship around, I am therefore not claiming on that basis. It's solely based on a point of law - are charges fair or not - if not give me my money back!
MSE Martin has said that the guide currently is for financial hardship claims rather than standard bank charges reclaiming.
Do you think the court would believe I haven't already done enough especially now I dont qualify for the 'human' (cap-in-hand) debate?

Currently there is no guide to taking a case to court at the moment and this will be on the forum in the next couple of weeks.

sianysian69

Good evening

I had a letter from HSBC on 18th December 2009 after my original complaint from July 2007 has been on hold. Value - £2982.38

The letter says i've got 8 weeks to raise my concerns "if I believe my charges are unfair on grounds other than the level of the charges"

It says that I need to write to:

The Senior Manager
Service Quality Team
HSBC Bank Plc
Arlington Business Centre
Millshaw Park Lane
Leeds
LS11 0PP

Am i right in thinking that I need to still contact the financial ombudsman (as per guide), and send them a copy too?

If not, what do I send to this senior manager?

Any help gratefully received.

Sian

Wispa1

Hi - a really quick question here. Would charges I have incurred on my Car HP/Loan accounts be reclaimed via the bank charges route or via the credit card route? With many thanks for your advice

moose1880

I starting my claim in July 2007 from the Halifax for £1,400, since then through a lot of hard work and struggle my financial situation has improved. Can I still continue with a claim on the grounds of financial hardship??

natweststaffmember

moose1880 wrote: »

I starting my claim in July 2007 from the Halifax for £1,400, since then through a lot of hard work and struggle my financial situation has improved. Can I still continue with a claim on the grounds of financial hardship??

Are you in financial hardship today?

Aberdovey

natweststaffmember wrote: »

Ok, a few things come to mind,
1) Reclaim on the credit card charge incurred.
2) you mentioned that Direct Debits went wrong, how(cos I wasn't sure what you meant)?
3) There are I believe 5 building societies that offer a current account, Nationwide are one them and there are 4 others(I can get the names) but it is irrelevant when it comes to bank charges. A charge is a charge is a charge so to speak.

I will reclaim on the credit card charge incurred. The direct debit occasionally bounced if money from one account did not get there in time, because this was a bill paying account I put enough money in but not more. Therefore if I was charged for the bounced debit then it caught up with me next month as it were, then I would be down on what was going in the account and so I would get another charge - I have to admit that I was ill with depression for a year and was not good at dealing with the finances.

The account I had was with Halifax but it was a card cash account (with a debit card) rather than a proper account with overdraft facilities etc. That's why I say it is a simple account.

All very messy I know but I was thinking that if this account is such a simple account would it fall within the recent judgement or would I have an better chance of reclaiming the charges? It would be good if I could clear up some of the mess I made when I was not on top of things.

natweststaffmember

The bank charges are the issue and all charges fall within their remit. If you are still suffering from depression and have priority debt arrears then you need to look at financial hardship reclaiming.

tatiana

I claimed nearly three years ago, got a low offer which I refused, sent the court papers and of course, since then everything changed. I was put on hold until I too got a letter saying my case will be closed by 21st February - Date Looming!!! - WHAT do I do??
Do I write to the bank saying I do not consider my case to be resolved to give myself more time for it to be sorted??