Reclaim Unfair Bank Charges Discussion Area

vicke_p

maz19690 wrote: »

Hiya

I've sent my request for my statements yesterday to Nationwide, so fingers crossed.

I've needed some encouragement to even write the letter and its thanks to you guys who help each other.

I'd just like to say thanks to you all as i've been reading through the last couple of days to get the courage and you've certainly done that. I've been struggling for years thanks to charges so it would be wonderful if I could actually have something to save.

Keep up the great work everyone, it warms my heart knowing there are great people out there .... somewhere xxxxxxx

maz
xxxxxx

Thanks Maz, it's folks like you that make sharing experiences so pleasureable. Hope you take them for everything they owe you, stay strong...

Twinkly

PAWI69 wrote: »

Stick to your 40 days from 26th Feb. I know you can claim for failed cheque & direct debit charges but I'm not sure about the overdraft charge, I'm sure someone will be along shortly to put you straight.

Good Luck!!

Yup you can claim unauthorised overdraft charge

PAWI69

formidablelady wrote: »

Hi not had time to read through whole thread so if somone has answered this already apologies. Sent 1st letter 18/02/07. Got a reply today.

I refer to your recent request for copies of statements on your account to enable you to reconcile your bank charges. Please find enclosed details of charges going back to the date you opened your account, or 1st September 2001, whichever date is most recent. If there are no charges for a certain period then charging details will not be included.

You may now wish to proceed with your claim for reimbursement of charges but, if you do feel you need further statements, this will take longer to access our archived data. Please let me know by returning this letter in the attached pre-paid envelope and I will order them for you.

Under the Data Protection Act, we are allowed up to 40 days to fulfil your request.

The fee of £10 has been taken accordingly.

I have a few questions
1. I sent the template letter asking for 6 years of charges so surely its not my problem that some of the statements are archived. Do they have to provide the 6 years I requested within the 40 days they have already had
2. I am unsure about what they are talking about as the date I opened my account. I have been with them for 22 years. The only thing I think it may be is when they made my account into a select account (Without my permission or signature). Maybe that was around that time. I always mean't to dispute this but it is a little late after all this time
3. There is supposed to be advice on the site re what you can and can't claim for but I can't find it.

Any advice greatly appreciated.

Hi, yes under the data protection act they have to provide 6 years of statements, even though they changed your account you can still request statements going back 6 years from ANY account. I'm sorry I don't know much about the rest, hope that little bit helped somewhat.

Good luck!

PAWI69

Twinkly wrote: »

Yup you can claim unauthorised overdraft charge

Ahh my mate Twinkly, I knew you'd come up with the goods.....well you know what I mean, Thank you!!:beer:

formidablelady

PAWI69 wrote: »

Hi, yes under the data protection act they have to provide 6 years of statements, even though they changed your account you can still request statements going back 6 years from ANY account. I'm sorry I don't know much about the rest, hope that little bit helped somewhat.

Good luck!

Thank-you. Just wondering if I have to give them another 40 days. If not what do I do about this?

Twinkly

formidablelady wrote: »

Hi not had time to read through whole thread so if somone has answered this already apologies. Sent 1st letter 18/02/07. Got a reply today.

I refer to your recent request for copies of statements on your account to enable you to reconcile your bank charges. Please find enclosed details of charges going back to the date you opened your account, or 1st September 2001, whichever date is most recent. If there are no charges for a certain period then charging details will not be included.

You may now wish to proceed with your claim for reimbursement of charges but, if you do feel you need further statements, this will take longer to access our archived data. Please let me know by returning this letter in the attached pre-paid envelope and I will order them for you.

Under the Data Protection Act, we are allowed up to 40 days to fulfil your request.

The fee of £10 has been taken accordingly.

I have a few questions
1. I sent the template letter asking for 6 years of charges so surely its not my problem that some of the statements are archived. Do they have to provide the 6 years I requested within the 40 days they have already had
2. I am unsure about what they are talking about as the date I opened my account. I have been with them for 22 years. The only thing I think it may be is when they made my account into a select account (Without my permission or signature). Maybe that was around that time. I always mean't to dispute this but it is a little late after all this time
3. There is supposed to be advice on the site re what you can and can't claim for but I can't find it.

Any advice greatly appreciated.

1) This is a delay tactic however nicely worded. Yes they do need to send you the 6 years details within the 40 days. Older archived data is stored is stored on microfiche which is unreadable to us and needs to be represented in comprehensible form, it takes time but should have been done with the rest of the request. Write back asap and give them however long they have left now to complete the task.

2) you can claim back the full 22 years charges if you have proof of all charges. You can request all these details under the Data Protection Act not just 6 years worth. to back up your claim requires some knowledge of the statute of limitations act namely

Section 5 - is what the banks tend to rely on in defence - Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. "

For example: if you discover a charge made in 1985 (22 years ago) then you have 6 years to claim from then up to 1992. The banks would claim that now in 2007 you are out of time.

Using section 32 (c) to counterclaim and state :
(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

This has the effect of resetting the clock for you to claim now.

Its a bit complicated and if you want to do this please get some more advice and a 2nd opinion

3) Thanks to Rex_Mundi for the excerpt from his post below:

List Of Charges We Can Reclaim
The following is a list of Bank charges that we can and cannot claim for.

CAN BE CLAIMED

Account misuse fee
Cheque return fee
Card misuse fee
Unarranged borrowing fee
Unauthorised overdraft fee
Unpaid DD fee
Unpaid cheque fee
Unpaid standing order fee
Late payment fee (credit cards, store cards, catalogues etc)
Exceeding Authorised Overdraft Limit
Exceeding Unauthorised Overdraft Limit
Direct Debit/Standing Order/Cheque returned fee
Irregular fee

CANNOT BE CLAIMED

Cash Machine Withdrawl Fees
Account Service Charges
Service Fee / Annual Fee
Charges related to foreign currency transactions and conversions.
Monthly account fees on certain type of accounts.

Different banks may have different names for some charges so anything you arent sure of ask on the forum or check exactly what the charge is for with your bank.

Hope this helps and good luck reclaiming

formidablelady

1. Thanks Twinkly 40 days are up now I think 1st letter sent 18.02.07. How should I proceed.
2. I won't be claiming back 22 years but was confused why they said I opened my account on 1st September 2001 when I have been with thenm 22 years. Its weird?
3.Many thanks for the can/can't claim list

PAWI69

Twinkly wrote: »

1) This is a delay tactic however nicely worded. Yes they do need to send you the 6 years details within the 40 days. Older archived data is stored is stored on microfiche which is unreadable to us and needs to be represented in comprehensible form, it takes time but should have been done with the rest of the request. Write back asap and give them however long they have left now to complete the task.


Thats what I meant I learn something new every day, thanks Twinkly :T

Twinkly

PAWI69 wrote: »

Twinkly wrote: »

1) This is a delay tactic however nicely worded. Yes they do need to send you the 6 years details within the 40 days. Older archived data is stored is stored on microfiche which is unreadable to us and needs to be represented in comprehensible form, it takes time but should have been done with the rest of the request. Write back asap and give them however long they have left now to complete the task.


Thats what I meant I learn something new every day, thanks Twinkly :T

I learn something new every day too, sometimes its my own name :rotfl:

Twinkly

formidablelady wrote: »

1. Thanks Twinkly 40 days are up now I think 1st letter sent 18.02.07. How should I proceed.
2. I won't be claiming back 22 years but was confused why they said I opened my account on 1st September 2001 when I have been with thenm 22 years. Its weird?
3.Many thanks for the can/can't claim list

1) I suppose you could be charitable and allow them some more time to send the microfiche. I probably would since it was worded nicely and manners cost nothing, but I would request receipt within a timescale...maybe 14 days ? I dont know...up to you really as you do have the option complaining to the Information Commissioner about any delay over 40 days.

2) like you said it may be the confusion arose because of the account upgrade.

3) you're welcome