Bank Charges Reclaiming Guide discussion

Little_Mo_70

sarahg786 wrote: »

Hi everyone,

First time post on any website and MSE seemed to be a better place than any to start with!!

Need some advice, I have followed the MSE bank reclaiming guide and written to my bank (HSBC) with details of the hardships I have gone through in the last few years (redundancy and the debilitating illness preventing me from finding work) with dates and details that are reflected in the bad state my finances were at the time and included the list of charges which total to over £3200.
(I was being charged on average £525 in charges each year therefore qualifying for hardship)

I have had a standard letter sent to me citing the test case result and they believe the charges were applied properly and the complaint is not viable.

My question is, rather than write another letter I am thinking of calling them this time but I have no idea what conversation I am to lead with in trying to persuade them to refund me back for what I feel is an extortionate amount for a few returned DDs charges which snowballed. What do I say to them now that they've already tried to dismiss me??!

Any advice would be greatly appreciated.

Thanks, Sarah

The court also stated that, in cases of financial hardship, a bank could consider repayment of charges (or in so many words) but it's entirely up to the bank to decide whether or not it wants to be sympathetic.

To be quite honest, and for your records, I would write another letter. You have no proof as to the outcome of a phone call (unless you record it yourself and you are obliged, if you need to use it as evidence, to inform them you are recording at the outset of the conversation - which might put them off) I say this should you need to refer your case to the Ombudsman.

Did you approach the bank for help/advice whilst you were in hardship? Did you feel they treated you sympathetically and fairly? Are you in hardship now? Have you checked out all the hardship criteria (inc.examples etc) on MSE site?

If you really feel you have a good strong financial hardship case, be positive and outline everything again in your next letter. You can't 'persuade them into refunding'. Whatever you do don't mention that you feel their charges were extortionate. Just concentrate on your position, how it was, how it is etc.
Send your letter, see what happens and be ready for the FOS next.

socrates83

Big hello to all

First time poster but long time reader!

I attempted to reclaim my charges roughly two/three years ago, wrote letters using templates on site etc. However, this was during time that the courts ruled in favour of banks so I never followed through.

MSE is saying that if you qualify for hardship then you might get some charges back.
I’m currently in full time employment in London earning just over £1400 p/month after tax.

My debts as of today are:

£1000 overdraft to NatWest (I have been in my overdraft since opening my account- that’s approx. 8 years)

£250 Credit Card to NatWest

£850 Credit Card with Cap 1 at 34%APR making min payments every month (can’t afford more)

£400 Council Tax (a court date has already been set)

£250 water Bill

Total Debt: £2,750

History of charges:

2004 –some charges but can’t get this from online banking, approx £300 in charges

2005 – Unemployed and receiving job seekers allowance, total charges = £226

2006 – 5 months unemployed, and then working earning average of £700pm total charges= £485

2007 – 5 months unemployed, then working earning £800pm, total charges= £254

2008 – Working abroad and given loan by NatWest (not sure if ppi was included but paid loan back now mainly by increasing OD as I could not afford monthly payments), total charges =£ 94

2009 – returned to uk worked 9 months, full time student 3 months, defaulted on loan, called to advice of financial difficulties however NatWest could not stop charges, total charges= £578.26

2010 – Full time student, total charges= £125.83

2011 – Full time employment , total charges= £55

I have used credit cards and increased overdrafts to pay for these charges. I have also borrowed money from friends and family and found myself in a cycle that I could not get out of.

Total of charges: £1,817.83 (from NatWest since 2005 to present = not including interest, more charges applied in 2004 when I was not even in the country but online banking does not go that far back

Since 2011 to present I have been in full time employment and generally have managed my account well (by well I mean I have only accrued approx. £100 in charges)

I am basically still paying for being overdrawn and missing payments all these years ago.

I arranged to start paying my overdraft back with NatWest as I really want to come out of this and start building good credit. I currently pay back £60 every month for my overdraft.

In my letter to NatWest I was thinking of mentioning that the charges that they have applied over the years can go towards clearing my overdraft and CC with them. I can then use the £60 that I pay for OD to go towards Cap1 at 34% instead. Also, to pay some council tax and water.

Am I in hardship? Well I think so. I can’t really afford to pay my debts and struggle each month. As long as I have debt then this will be the case until they are clear or I make more money.

Should my first letter to NatWest include these details I’ve described with the accompanying proofs? (The straight to the point approach)
Or should I follow the step by step guide .i.e. write to request list of charges although I can get most of these online as far back as 2005, then await response? After which I can then go on to argue my case…?

Thanks for your help with this and Thank you to all who take their time to share experiences and advice.

Little_Mo_70

socrates83 wrote: »

Big hello to all

First time poster but long time reader!

I attempted to reclaim my charges roughly two/three years ago, wrote letters using templates on site etc. However, this was during time that the courts ruled in favour of banks so I never followed through.

MSE is saying that if you qualify for hardship then you might get some charges back.
I’m currently in full time employment in London earning just over £1400 p/month after tax.

My debts as of today are:

£1000 overdraft to NatWest (I have been in my overdraft since opening my account- that’s approx. 8 years)

£250 Credit Card to NatWest

£850 Credit Card with Cap 1 at 34%APR making min payments every month (can’t afford more)

£400 Council Tax (a court date has already been set)

£250 water Bill

Total Debt: £2,750

History of charges:

2004 –some charges but can’t get this from online banking, approx £300 in charges

2005 – Unemployed and receiving job seekers allowance, total charges = £226

2006 – 5 months unemployed, and then working earning average of £700pm total charges= £485

2007 – 5 months unemployed, then working earning £800pm, total charges= £254

2008 – Working abroad and given loan by NatWest (not sure if ppi was included but paid loan back now mainly by increasing OD as I could not afford monthly payments), total charges =£ 94

2009 – returned to uk worked 9 months, full time student 3 months, defaulted on loan, called to advice of financial difficulties however NatWest could not stop charges, total charges= £578.26

2010 – Full time student, total charges= £125.83

2011 – Full time employment , total charges= £55

I have used credit cards and increased overdrafts to pay for these charges. I have also borrowed money from friends and family and found myself in a cycle that I could not get out of.

Total of charges: £1,817.83 (from NatWest since 2005 to present = not including interest, more charges applied in 2004 when I was not even in the country but online banking does not go that far back.

Since 2011 to present I have been in full time employment and generally have managed my account well (by well I mean I have only accrued approx. £100 in charges)

I am basically still paying for being overdrawn and missing payments all these years ago.

I arranged to start paying my overdraft back with NatWest as I really want to come out of this and start building good credit. I currently pay back £60 every month for my overdraft.

In my letter to NatWest I was thinking of mentioning that the charges that they have applied over the years can go towards clearing my overdraft and CC with them. I can then use the £60 that I pay for OD to go towards Cap1 at 34% instead. Also, to pay some council tax and water.

Am I in hardship? Well I think so. I can’t really afford to pay my debts and struggle each month. As long as I have debt then this will be the case until they are clear or I make more money.

Should my first letter to NatWest include these details I’ve described with the accompanying proofs? (The straight to the point approach)
Or should I follow the step by step guide .i.e. write to request list of charges although I can get most of these online as far back as 2005, then await response? After which I can then go on to argue my case…?

Thanks for your help with this and Thank you to all who take their time to share experiences and advice.

Hello Socrates (just lurve that:rotfl: )

If you can get your charges on line then I would do so and save yourself the £10 fee, however, re.the ppi. check that out from the statements that the loan was paid from - it could be , if you paid, but didn't ask for it, you could get ppi back by making a separate claim.

Your earlier years show possible hardship. You show lots of unemployment and receipt of benefits. If you had difficulties paying for your basic daily needs then you might qualify, but not necessarily. Being on benefits doesn't always mean you went without bare essentials, food, heating, paying other living costs etc. and you might have had some already bills paid through other benefits I don't know.

2009 you asked the bank for some assistance due to financial difficulties, did they not offer any advice or help at all. If not, this might go in your favour should you need to refer your complaint to the Ombudsman later on. Be aware this will be checked out though as will your spending habits etc. The bank will review all this when looking at your claim. (Don't mention about this though in your letter!)

2011 - now, you are not in hardship and are paying £60p/m to clear your overdraft. Although it is now tough for you, you have reasonable income, but lots is being used to pay off bills, debts etc., But -if you really cannot afford to feed yourself prooperly, pay your rent, keep warm etc. then you are in hardship, othewise - not.
I know it's tough but, to your credit, you are doing everything you can to move foreward.

Do your letter to the bank - don't mention anything about their high charges. Just state things as they were/are, like you have put on here with more detail if any. Use the charges calculator on MSE site and follow all advice on there too.
(Personally, I wouldn't bother mentioning that the bank can use your refund (should they feel so moved as to give you one) towards your outstanding debt. The will probably automatically do that anyway but that's ok as you say, as it would reduce the balance.)

Best of luck
Mo

Mairin

Hi all

Long time MSE reader, never posted before though..

I had a claim with Abbey National from 2009 for £4500 ish for bank charges on my old Abbey National account. The account had originally been closed in 2008. Obviously this was put on hold due to the pending court case etc, and I pretty much forgot about it.

I want to contact them now and ask again, but since I don't actually use that account anymore, can I get away with "financial hardship" as an excuse? I am in hardship (husband was made redundant), but since their charges aren't causing it, what's their likely response, anyone know?

Thanks!
Mairin

riiikkk

does anyone know the addres for barclays bank so i can put in a claim for all my bank charges. roughly about £4500. thanks

Little_Mo_70

riiikkk wrote: »

does anyone know the addres for barclays bank so i can put in a claim for all my bank charges. roughly about £4500. thanks

Barclays Bank
Barclays Data Protection
Radbroke Hall
Knutsford
Cheshire
WA16 9EU

Write to them asking for all your data inc.charges etc. held on their file as advised on MSE website. Don't ask just for statements
I sent £10 cheque with letter of request to save time.

Little_Mo_70

Mairin wrote: »

Hi all

Long time MSE reader, never posted before though..

I had a claim with Abbey National from 2009 for £4500 ish for bank charges on my old Abbey National account. The account had originally been closed in 2008. Obviously this was put on hold due to the pending court case etc, and I pretty much forgot about it.

I want to contact them now and ask again, but since I don't actually use that account anymore, can I get away with "financial hardship" as an excuse? I am in hardship (husband was made redundant), but since their charges aren't causing it, what's their likely response, anyone know?

Thanks!
Mairin

Not sure exactly what you mean by getting away with it using, as an excuse, financial hardship but check out the FOS financial hardship criteria on MSE website and see if your situation applies. You have to have a very strong case for a bank to even consider your case and the bottom line is they don't have to refund a penny.

loopyalice

Hi everyone,

Bit confused here. Just managed to get myself registered for internet banking and I feel epic as I'm a technological dinosaur.However, my bank statements only went back to 2002 online, and I need to go back further, as was in dire straits in 2000. Inspired by the great Martin, I'm off to claim back my charges.

Just rang Lloyds and was told by the girl that records are kept for only 10 years and then disposed of. What the hell do they do with them? Are they floating around somewhere. The poor kid actually began to stammer on the phone, I don't think she'd ever been asked this before and I felt awful, but this is my information and I want it!

Has anyone had a similar experience and perhaps know where I can go from here?

many thank you's

Alice (getting loopier by the minute)

pandy12

Hello

I would be really grateful for some advice on reclaiming PPI charges for two loans that i took out with Co-op bank back in December 04 to Dec 06 for £10,000 and another loan i took out in May 2006 for £6,0000.


I have put a post on here (in italics below) before about this but did not look at putting in a claim at the time as the sytem looked quite complicated at the time although i think i have a good case for a claim. Today i have heard on the radio that the banks will be writing to 12 million customers. I still believe that i was missold PPI and am still pondering on writing to the bank about this but i am wondering due to the current situation with the banks and from what i have heard today, I expect they wiill be writing to people who have already put a claim in to them and am wondering if i should . Any inforrmation will be useful.
By the way i hope that i have posted this in the right place. Apologies it i have not.
[FONT=&quot]Hello

In May 2006 I took out a loan with my bank the Co-op for 6K and asked them not to include the PPI (payment protection insurance), they sent me some paperwork without the PPI included, however by the time I got round to sending the paperwork back was after a month so they told me that they would need to send me some fresh paperwork and resent it with PPI included. Just after this time I found out that I was more than likely going to be made redundant after a years contract, I was working for a charity at the time and were not able to get further funding to continue some of the posts , and i had just signed the paperwork and sent it back( with PPI included).

When I was made redundant 4 months later I choose not to sign on as my situation is a bit complicated, my partner has his own business and his income constantly fluctuates I was out of work for 6 months and when i did ring the Co-op up to check with them whether I could claim they asked me if I was in receipt of any benefits to which I said no.
I did say to them at this stage how I wish I had asked for the PPI to be removed again. Four months later, after finding work i rang the bank about increasing my loan, they said they would think about it but that if they did it wouldn't include PPI. My partner now feels that I have been mis sold PPI twice and this is the second loan in 5 years that I have paid it on. I paid off another loan 12K in 2 years and 2K of that was PPI of which I thought at the time you had to have as part of the loan (this loan was from Dec 04- Dec 06) and I never tried to claim on it.
Any advice on whether I have a case to reclaim would be useful.
Many thanks for reading this.
Best wishes
Pandy[/FONT]

kind regards
Pandy

jonnyt86

Hi all.

I've previously tried claiming for approx. 2k worth of bank charges, priorto the court ruling.

I was unsuccessful - although I made it clear at the time of the charges Iwas paying up to and beyond £200 of my £800ish a month wage in charges.

I unfortunately don't have the time (and, to an extent patience) to gothrough the claims process myself again. I was wondering if anyone had actuallyhad any positive experiences with reclaim companies?

Thanks in advance,

Jon