Help please

ShowMeTheCash_3

I reclaimed my bank charges about 4 years ago now from HSBC and as you'd expect was chuffed.

However, I'm still paying bank charges. Can I claim again?

Thanks

Premier_2

Have you read the latest MSE guide to reclaiming bank charges?

Unless you are now in recent financial hardship, you have no chance sorry.
(Even if you are, don't expect any money back as it obviously didn't help you stop accruing them last time)

mj12_2

You can take them to court and try and claim again :-)

Premier_2

mj12 wrote: »

You can take them to court and try and claim again :-)

True, the OP could try ... and the MSE article explains how.

However, I would say that no one to my knowledge has reported any success since the Supreme Court ruling in November 2009 following that advice fighting such charges in court. . Do you? :huh:

If not, I would suggest the OP doesn't waste their money on the court fees

mj12_2

Premier wrote: »

True, the OP could try ... and the MSE article explains how.

However, I would say that no one to my knowledge has reported any success since the Supreme Court ruling in November 2009 following that advice fighting such charges in court. . Do you? :huh:

If not, I would suggest the OP doesn't waste their money on the court fees

"Supreme Court then ruled that the OFT did not have the right to assess UK bank charges for fairness" - The supreme court didnt rule against the unfair argument just that the OFT didnt have an enforcement power. The argument stands, its for the banks to prove that their charges reflect their costs ive seen a couple of cases where people have got charges refunded just by threat of action - the banks stilll dont want the 'fairness' tested in court. Remember two lower courts already upheld the argument the supreme court overturned the lower ruling on different grounds - the OFt's enforcement powers.

As long as the claim is less than 5k there is little financial risk to going to court as the banks are incredibly unlikely to be awarded costs in the small claims track.

http://www.consumeractiongroup.co.uk/forum/showthread.php?300633-reclaiming-bank-charges - the bank has to prove the cost of an unpaid direct debit, i bet somehow is doesnt add up to £40.

the_insider

mj12, I'm not sure why you've posted that link, plenty of people have amended their POC, some have been thrown out outright but until a hearing is held then there's not much point speculating on what's going to happen.
I'd be interested to see these cases where the 'threat of action' has caused a refund of charges, working in a complaints department for a high street bank, dealing primarily with charge claims, we basically ignore any 'legalese' in letters and look at the personal aspect of every case. The 9 point charges letter makes no difference to the decision, it's the freehand part about the customer's circumstances that we'll make a decision on.

mj12_2

the_insider wrote: »

mj12, I'm not sure why you've posted that link, plenty of people have amended their POC, some have been thrown out outright but until a hearing is held then there's not much point speculating on what's going to happen.
I'd be interested to see these cases where the 'threat of action' has caused a refund of charges, working in a complaints department for a high street bank, dealing primarily with charge claims, we basically ignore any 'legalese' in letters and look at the personal aspect of every case. The 9 point charges letter makes no difference to the decision, it's the freehand part about the customer's circumstances that we'll make a decision on.

I posted the link to demonstrate that the courts (as in that case - it was the first that came to hand) will still hear cases under the UTCCR's and that the oft repeated statements to the effect of 'you cant take the banks to court after the SC ruling' are false. There was a thread on here just the other day where someone had had their charges repaid by lloyds - though it didnt say a threat of action was the reason; and another where charges were repaid in response to a Letter Before Action.

On a different note its nice to hear that the banks (yours anyway) are considering individual circumstances instead of just rejecting claims out of hand... im not sure ignoring the 'legalese' will be in their interest long term though; theres a test case on one point coming up in august - http://www.moneysavingexpert.com/news/reclaim/2011/05/guest-comment-bank-charges-fight-still-alive

bingobella_2

ShowMeTheCash wrote: »

I reclaimed my bank charges about 4 years ago now from HSBC and as you'd expect was chuffed.

However, I'm still paying bank charges. Can I claim again?

Thanks

ive recently claimed back bank charges from HSBC and the response was get lost, its now with the ombudsman (financial hardship case) no harm in trying if you think you come under them guidlines! cheers lindsay