bank just a nightmare

brian36

hello to all,
can i ask for help please?
short history,went the way of claiming back bank charges i myself got mine from clydesdale bank but just after my claim my wife did but got held up in the court process,anyway now its over we continued on wifes claim back but got no where,we went then via hardship as now and for few months wife in overdraft as well as my account passing between two to keep afloat. anyway several weeks down the line the turned down application of hardship even knowing now i am off sick wife works part time and even more in debt. so we decided to contact the ombudsman who in my opinion were just as useless as bank,within days they replied they cannot do anything in our case,what a load of rubbish now £500 overdrawn in 1 and almost at limit £2000 overdrawn in other and still playing one against other to stop even more charges now last 2 were just over £1 but got charged £35 for it. so nopw wondering what to do next? we got letter from wifes bank where she has gone over again but we cannot clear in my account was at max overdraft so asked bank to stop charges till we try sort something out by which point almost 1 year paying £29 interest monthly and their reply no we cannot freeze etc your account come in to discuss a loan or repayment,now after already asking for a loan earlier to help sort out we were refused. so i have told them i am not paying anymore even if it goes over the overdraft limit we are now on tax credit and low incme support as i am still signed off. i am considering going via small claims court o i wrote to bank and told them so but they replied stating they won the court action against bank charges so i would get no where, so what to do? we are due about £2500 charges and if gotten then that would pay off the overdrafts and we would be ok,i don't know what to do now? thanksa

dunstonh

so we decided to contact the ombudsman who in my opinion were just as useless as bank,within days they replied they cannot do anything in our case,what a load of rubbish now £500 overdrawn in 1 and almost at limit £2000 overdrawn in other

The ombudsman is not a charity and nor is the bank. The FOS is there to make sure rules have been complied with and that they have acted fairly. The charges are not unfair and the FOS has no remit to force a bank to refund any money. It is wrong to call them useless as they cannot do something you want them to do.

i am considering going via small claims court o i wrote to bank and told them so but they replied stating they won the court action against bank charges so i would get no where, so what to do?

On what basis would you want to take them to the small claims court? The banks won the main case and there is only one known success via the courts since then and that was a freak case (woman locked in interview room).

we are due about £2500 charges

The first thing is that you are not due a thing. Any refund the bank chooses to make is a goodwill gesture only. If they wont refund any then thats it.

At this moment in time, there are no known avenues to take other than to avoid incurring them in the first place.

brian36

dunstonh wrote: »

The ombudsman is not a charity and nor is the bank. The FOS is there to make sure rules have been complied with and that they have acted fairly. The charges are not unfair and the FOS has no remit to force a bank to refund any money. It is wrong to call them useless as they cannot do something you want them to do.



On what basis would you want to take them to the small claims court? The banks won the main case and there is only one known success via the courts since then and that was a freak case (woman locked in interview room).


The first thing is that you are not due a thing. Any refund the bank chooses to make is a goodwill gesture only. If they wont refund any then thats it.

At this moment in time, there are no known avenues to take other than to avoid incurring them in the first place.

thanks for the interestimg reply, it states at the bottom you are a independent financial advisor, well i am a bit confused as i was always under the impression you would be a person to help but to put down and criticise someone whom is in debt due to illness etc through no part in fault to them who has worked almost all sionce leaving school whom has never claimed anything till a few months ago i am surprised and almost glad your not my advisor but heh you propably only help people that want to pay you regadless of their situation and i guess in the current climate you are doing well. as for the mse team i feel some what annoyed at the tone etc of this person i am a genuine person looking for helful advice i do not expect to be put down by somene while doing so.

BoGoF

As blunt as dunstonh can sometimes be his reply is essentially correct.

MonkeyMad

As above, whilst blunt (I've seen worse), the fact of Dunstonh being an IFA doesn't compel him to give you the particular answers you would prefer to hear in your situation, does it? The advice to not bother with small claims looked good (and was free)? No-one doubts you are genuine, but what would be the point of a having a Ra-Ra session telling you to take on the banksters in court when you have almost zero chance of winning?

brian36

maybe so but there is ways of stating things and about court action,maybe worth ago what have i to lose ?
and about the ombudsman, our letter says they have had many requests but decided not to go ahead with ours, so in my mind they were useless, we rely on people to help in stuations which are new and sometimes very complex, to get cut off for no other reason than they have had many requests and cannot deal with ours is both no help but still now wondering if we have a case.
regarding the reply via dunstonh it was blunt but maybe there are people out there that are in a genuine tight spot that was not their fault.
i have been off sick now 9 months but only asked for help 3 months ago,we sold many items in home etc to get by and refused to give in,but his remarks about bank not due us anything i believe this is wrong i pay £14.95 per month for a advantage account that offers overdraft and preferencial rates but they won't help via loan ets so on top of the £14.95 i pay interest of £29 i am paying my way but no help etc from bank

MonkeyMad

brian36 wrote: »

maybe so but there is ways of stating things and about court action,maybe worth ago what have i to lose ?

About £85 small claims fee for a start....

noh

brian36 wrote: »

...........................................................
but his remarks about bank not due us anything i believe this is wrong i pay £14.95 per month for a advantage account that offers overdraft and preferencial rates but they won't help via loan ets so on top of the £14.95 i pay interest of £29 i am paying my way but no help etc from bank

dunstonh is correct you are not due anything from the bank.
You could stop your debt getting any larger by changing to a Select account to save the monthly fee.

dunstonh

well i am a bit confused as i was always under the impression you would be a person to help but to put down and criticise someone whom is in debt due to illness etc through no part in fault to them who has worked almost all sionce leaving school whom has never claimed anything till a few months ago i am surprised and almost glad your not my advisor but heh you propably only help people that want to pay you regadless of their situation

We could sugar coat it or wrap it up on cotton wool but the answer is not going to change. I am not putting you down or criticising you. However, you do need to realise the situation as it currently stands.

but his remarks about bank not due us anything i believe this is wrong i pay £14.95 per month for a advantage account that offers overdraft and preferencial rates but they won't help via loan ets so on top of the £14.95 i pay interest of £29 i am paying my way but no help etc from bank

And where does it say in your contract/ T&C that you are due anything? The bank owes you nothing. Again, nothing personal but just stating the facts.