Should I admit defeat??

rachaelfleur

I've been trying to reclaim my bank charges from RBS and Lloyds TSB as I can prove financial hardship. However, both have came back quoting the recent court ruling and refused to repay me. Since then I have submitted a complaint with the Financial Ombudsman just for the RBS claim. I received a letter today stating that they didn't think RBS had to pay back the money because even though I'm on a DMP I can still afford to live, therefore technically not in hardship. They also said in the letter that my account being in credit was a big factor towards their decision. I don't know where they're getting that info from because I actually have -£2000 plus and it increases every month due to the interest. So I have replied to them asking where they got that from and I'm still waiting for a reply. Should I just accept defeat and accept that I won't get my charges back? I'm really not sure what to do next. Should I go ahead and complain about TSB even though I know they may come back with the same reasons as the RBS claim being declined?

natweststaffmember

Have you said to the FOS that your account is -£2000. You have some days to appeal against that decision. Please read the link on my signature especially from page 20 which is about financial hardship. If you do not have arrears then they can state that you have a surplus each month which would mean that you are not in financial hardship. I would tailor your approach to your circumstances using the lending code section 9

rachaelfleur

Yeah I've emailed the lady back to tell her the balance and also to ask her where she got that info from. Thanks very much for pointing me in the right direction.