Anyway to try again?

AdviceSought

HBOS rejected my claim and I went to the FOS.

They ruled against me, I think it's because of the way I mentioned the charges coming after HBOS refused to help me with a short-term overdraft.

All of these charges were incurred when I was trying to get back on my feet financially after unemployment so this meant the problems I was experiencing have dragged on considerably longer.

I was just wondering if there was any way of having a 2nd bash at this.

The charges amounted to approx £800 and getting them back would allow me to kill off a very substatial part of the debts which are really still like a noose around my neck.

natweststaffmember

AdviceSought wrote: »

HBOS rejected my claim and I went to the FOS.

They ruled against me, I think it's because of the way I mentioned the charges coming after HBOS refused to help me with a short-term overdraft.

All of these charges were incurred when I was trying to get back on my feet financially after unemployment so this meant the problems I was experiencing have dragged on considerably longer.

I was just wondering if there was any way of having a 2nd bash at this.

The charges amounted to approx £800 and getting them back would allow me to kill off a very substatial part of the debts which are really still like a noose around my neck.

Did you argue financial hardship and a lack of help from the bank when you approached them?
Did you include an income and expenditure form?
Need more info to be honest.
Any credit card charges you could reclaim?

AdviceSought

This is what I sent them in May:

I am writing to request that you repay all the default charges that have been applied to my account since 18 November 2008. I do not believe these charges reflect the true cost to the Bank of Scotland of going into unauthorised overdraft.


Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that the following charges totalling £805, are unlawful as they do not reflect the true cost of going into an unauthorised overdraft.

As I believe I have been unlawfully deprived of the money I have calculated £17.45 interest at the statutory rate, the amount the court will award.

I therefore ask that you repay me the full amount of £822.45. I have attached a full schedule of the charges and interest with this document.

These illegal charges imposed on me have put me into a great deal of financial hardship during a period of unemployment which lasted from July 2008 to the end of January 2009 and the first half of this year where I have been trying to sort out the damage unemployment caused my finances.

I look forward for a full response to this letter within 14 days. If I do not receive a positive response within this timescale, I will begin a claim against you for the full amount, plus interest and my costs.

I received a reply saying they were looking in to it and would hear back within 4 weeks.


I then didn't receive a reply so I wrote to them again.


When that also went without response, I complained to the FOS who responded by saying that they didn't think I had a case nor could they comment on the commercial decisions of a bank.


I also have a large case against NatWest which is currently with the FOS.


I don't have any credit card charges that I can reclaim.

Premier_2

AdviceSought wrote: »

...If I do not receive a positive response within this timescale, I will begin a claim against you for the full amount, plus interest and my costs

Any reason why you don't wish to, or don't feel you are now able to, carry out the threat you made?

AdviceSought

Premier wrote: »

Any reason why you don't wish to, or don't feel you are now able to, carry out the threat you made?

I was put off by the Ombusdman ruling in the banks favour when I took it to them.

natweststaffmember

AdviceSought wrote: »

I was put off by the Ombusdman ruling in the banks favour when I took it to them.

The letter is absolutely awful to be honest with you. Your first argument is price/level of the charges and penalties in law rather than them being unfair. OFT Test case cleared out penalty charges issue and Supreme Court dealt with price/level of the charges.

Furthermore, later on in the letter you refer to "illegal charges" when you have previously in the letter spoken of "unlawful charges" which is under civil law, ie UTCCR 1999.
Your letter is I hope not a template from any site because it really was a poor letter if you are reclaiming under financial hardship.

You need a more focused letter, ie loss of employment meant income went from x to y per month. That lead to charges of x amount further reducing income from x to y in subsequent months. Effect of charges leads to arrears, companies dealt with arrears in this way or that way or reduced bills etc,.etc. If you say "illegal" in any further posts then I'll slap ya so be warned .

Furthermore, I would say that the bank have failed to assess you for financial hardship if they did not either (a) state that they had done so or (b) send out an income and expenditure form.
Did you send notices of arrears to the bank?