Can you still claim now?

music2dance2

I know the banks were fighting back on people trying to claim and it was on hold. Is this still the case? I want to reclaim bank and credit card charges. Is it ok to do so?

Thanks

the_insider

Credit cards, go for it. The bank charges, it depends if you're in financial difficulty or not.

natweststaffmember

music2dance2 wrote: »

I know the banks were fighting back on people trying to claim and it was on hold. Is this still the case? I want to reclaim bank and credit card charges. Is it ok to do so?

Thanks

Both is yes but be more careful on the bank charges cases.

Premier_2

music2dance2 wrote: »

I know the banks were fighting back on people trying to claim and it was on hold. Is this still the case? I want to reclaim bank and credit card charges. Is it ok to do so?

Thanks

Read the latest advice on attempting to reclaim credit card charges
http://www.moneysavingexpert.com/reclaim/credit-card-charges

and bank charges reclaiming
http://www.moneysavingexpert.com/reclaim/bank-charges
http://www.moneysavingexpert.com/reclaim/oft-bank-charges

Claims to reclaim credit card charges should not have been put on hold.
New claims for bank charges should not be put on hold; the test case was decided in November 2009
(Although some cases are still on hold that were made before this date, slowly all stays are being lifted either on request or when the court gets round to review them)

music2dance2

I had a good read on those the other day but good to get your views. Cheers

music2dance2

natweststaffmember wrote: »

Both is yes but be more careful on the bank charges cases.

Hi, I know all has changed somewhat with the bank charges. When you say be careful with the bank charges. What do you mean exactly?

Premier_2

music2dance2 wrote: »

Hi, I know all has changed somewhat with the bank charges. When you say be careful with the bank charges. What do you mean exactly?

The MSE articles refer to the risks involved in making claims for recovering bank charges

e.g.

Reclaiming bank charges from current or closed accounts specifically for busting your overdraft limit, bounced cheques and direct debits was once an open door.
You simply threatened to take a bank to court or the Ombudsman and it sent you back a goodwill cheque for six years’ worth of charges plus interest – yet since the result of the widely publicised shock Nov ’09 Supreme Court ruling on the Bank Charges test case it’s got more difficult.

http://www.moneysavingexpert.com/reclaim/bank-charges

Going to court is unlikely to be easy and frankly most people shouldn’t attempt it. To do so you may need to write a bespoke legal complaint, ensure you understand what are new and untested complex legal arguments and maybe even go up against the banks barristers.
There is no guarantee of success, lose and you could lose court fees of £100s, and in extreme examples, if your case wasn’t dealt with by the small claims system, risk having to pay the banks costs.

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

These are just a couple of examples. Read the articles again to more fully understand all the risks involved.

natweststaffmember

music2dance2 wrote: »

Hi, I know all has changed somewhat with the bank charges. When you say be careful with the bank charges. What do you mean exactly?

At the moment, as Premier has quoted bits from the MSE guide, it is very much early doors on the court claims, and there will be a formal legal opinion on Legal Beagles at the end of the week by Anthony Scrivener, QC who will look at the whole argument and give their opinion on where you can go from here. Until I have seen that opinion then I still want to urge caution for now but in a sense, keep your eyes on the forums because there are cases coming to court in England and Wales and they are important in perhaps how you claim. You HAVE to read and fully understand and expect to have to argue your case in court on bank charges. The time when they gave up and paid out is OVER so be prepared and read as much as possible.

ebsalita

Thanks Natweststaffmember, using the templates on this site (which I updated to include examples of my personal circumstances). I don't qualify for hardship right now (though I have been and the charges really didn't help at all), so I'm going down the legal route. I have sent a littler to Halifax - they've responded (I was fobbed off) and I wasn't quite sure what to do. I think I'll wait until the legal beagles come with their advice, like you said. I don't want to fire off a letter and then have to change my tack halfway through because I'm arguing on the wrong points etc.

Cheers. I really don't want to let this drop - I didn't even put in a claim in 2006 when back in the days when they were still paying out, as I relied on my overdraft just to live and I was frightened they'd close my account and demand full repayment, which may have ruined me. I've finally paid off my overdraft and I'm ready to take them on - I know it's going to be so much harder now than it was back then, but I can improve my chances of success if I read up and take the correct advice.

natweststaffmember

ebsalita wrote: »

Thanks Natweststaffmember, using the templates on this site (which I updated to include examples of my personal circumstances). I don't qualify for hardship right now (though I have been and the charges really didn't help at all), so I'm going down the legal route. I have sent a littler to Halifax - they've responded (I was fobbed off) and I wasn't quite sure what to do. I think I'll wait until the legal beagles come with their advice, like you said. I don't want to fire off a letter and then have to change my tack halfway through because I'm arguing on the wrong points etc.

Cheers. I really don't want to let this drop - I didn't even put in a claim in 2006 when back in the days when they were still paying out, as I relied on my overdraft just to live and I was frightened they'd close my account and demand full repayment, which may have ruined me. I've finally paid off my overdraft and I'm ready to take them on - I know it's going to be so much harder now than it was back then, but I can improve my chances of success if I read up and take the correct advice.

Can you post up their response in long hand so we can see how they are responding?

music2dance2

Thanks for the advice guys. I understand that it is much harder now. Just one thing I wondered if I was to carry on and see what the outcome would be by sending my 1st letter, or maybe 2nd letter, could they turn it round and take it further? Or is that something I would initate?