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FOS fob off

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Hi - started trying to reclaim bank charges from Halifax a couple of years ago, got my statements and charges sent and had the 'holding letter' re the court action - then let it lie for a while and chased again with a letter re my difficult financial situation about 6 months ago. I contacted FOS last week to ask what the court ruling meant and whether I should still pursue my claim and they said (without asking anything re my situation) that there was no point now after the ruling. But I see on this site that some people are still getting some compensation - any thoughts?:(

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  • dunstonh
    dunstonh Posts: 119,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    But I see on this site that some people are still getting some compensation - any thoughts?

    The only people that the FOS will consider looking at are those that qualify under the financial hardship rules. If you dont meet that criteria then you are totally reliant on the bank's goodwill.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Hi - started trying to reclaim bank charges from Halifax a couple of years ago, got my statements and charges sent and had the 'holding letter' re the court action - then let it lie for a while and chased again with a letter re my difficult financial situation about 6 months ago. I contacted FOS last week to ask what the court ruling meant and whether I should still pursue my claim and they said (without asking anything re my situation) that there was no point now after the ruling. But I see on this site that some people are still getting some compensation - any thoughts?:(

    Have the bank not reponded to your latest claim re financial hardship?

    The court ruling has nothing to do with claims based on financial hardship. The court does not deal with claims based on financial hardship.

    In fact if you were in financial hardship at the time of the original claim, you could have insisted the claim was not stayed as the FSA had ordered a waiver for those claims involving financial hardship preeventing them from being stayed. That waiver applied to all claims whether being investigated by the bank, the FOS, a law court, ... anyone.

    Anyway, after 6 months of no response to an official complaint, you can certainly go to FOS (but they will only help if it is for reasons of financial hardship, and may ask why you didn't complain to them 2 years ago). You could do so after just 2 months. But be quick as the FOS will time out some claims if you delay too long.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Hi - thanks for the suggestion. I'll go back to FOS this week re financial hardship and mention that Halifax didn't reply to my last letter.
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