Reclaim Unfair Bank Charges Discussion Area

Twinkly

BSJWright wrote: »

I haven't even had a response from HSBC yet - wrote to them on the 13th December asking for statements for a closed account that I had with them. That was closed in 2001, as far as I can recall - I want to reclaim charges going back to 2000, which I assume I'm entitled to. How long does the Information Commissioner take to get them to send information, as I don't currently know what I want to reclaim?

If you have online banking with HSBC you can view and print off all your 6 years details yourself. They should have replied by now and you can complain to the ICO about it but I would just get online and do it myself quicker really. If you dont have online banking with them register for it now and it may take a little time to get your details, not sure exactly how long someone else may be able to advise. Hope that helps

paul1e

BSJWright wrote: »

I haven't even had a response from HSBC yet - wrote to them on the 13th December asking for statements for a closed account that I had with them. That was closed in 2001, as far as I can recall - I want to reclaim charges going back to 2000, which I assume I'm entitled to. How long does the Information Commissioner take to get them to send information, as I don't currently know what I want to reclaim?

As i understand it you can only go back for 6yrs to april/may 2001, you can go back further but need to know your way around the statute of limitations.. HSBC's online statements only go back as far as april/may 2001... Maybe twinkly or esmeralda can help more on this.......

Twinkly

paul1e wrote: »

As i understand it you can only go back for 6yrs to april/may 2001, you can go back further but need to know your way around the statutes of limitations.. HSBC's online statements only go back as far as april/may 2001... Maybe twinlky or esmeralda can help more on this.......

Thanks for the recommendation It is something I have looked into and received advice from esmerellda (gods bless her) so here are my findings.

You can claim back further than 6 years and it just requires a little more knowledge particularly with regard to the Statute of Limitations Act.

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 1991 (15 years ago) then you have 6 years to claim from then up to 1997. 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. ....

Its a bit strong to accuse the bank of fraud... better to imply they made a mistake *cough*.
With regard to getting your details further back than 6 years I am advised that the bank must provide ALL details of your account under the Data protection Act so they should be able to provide back to 2000 if you specify it.

There are cases of people going back and reclaiming thousands so good luck if you decide to go this route.

ROB_TYLER

Can I reclaim my unfair charges from my business accounts?

Twinkly

ROB_TYLER wrote: »

Can I reclaim my unfair charges from my business accounts?

Yes you can but some of the charges are named differently and you cant reclaim a charge for paying in cheques and service charges. Someone else will be able to provide the names of charges you can reclaim sorry I cant its not something I've researched too much as yet

Good luck

paul1e

ROB_TYLER wrote: »

Can I reclaim my unfair charges from my business accounts?

Yes but some of the charges may be described differently, see rex's list in the help thread, post 4...



The following is a list of Bank charges that we can and cannot claim for. Different banks may have different names for the same type of charge, if you are unsure about a charge phone your bank and ASK.


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
Paid refferal fee
Total charges (HSBC personal accounts only, not business accounts)

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.
Normal overdraft interest charges

jsothera

Hello, I've just registered, after listening to TalkSport this morning. Now apologies if this has been discussed, as I obviously havent read every post on here.
I need the info on my past charges for going overdrawn (date, amount, etc.) but as these are over a year ago, Abbey charge £10 for the "privelidge". Now I'm not prepared to pay my own bank for information that should be readily available to me about my own account. I have already emailed Abbey about this, but is there a way round it??
Thanks - James

Beate

jsothera wrote: »

Hello, I've just registered, after listening to TalkSport this morning. Now apologies if this has been discussed, as I obviously havent read every post on here.
I need the info on my past charges for going overdrawn (date, amount, etc.) but as these are over a year ago, Abbey charge £10 for the "privelidge". Now I'm not prepared to pay my own bank for information that should be readily available to me about my own account. I have already emailed Abbey about this, but is there a way round it??
Thanks - James

Only if you have internet banking and the statements are available online. Otherwise they are perfectly entitled to charge you £10 - but that is the maximum charge under the Data Protection Act.

koranuk

My partner & I are reclaiming from the Abbey!! They are holding out and a court date has been set. I have two concerns...

1. The court papers state that we should send copies of all documents to the court and 'every other party'. Does this mean that details of all the charges plus interest should be sent (again) to the Abbey and also to the Court? Should we be sending anything else and/or re-stating the arguments?

2. When we first wrote to the Abbey they offered a sum amounting to around 25% of our claim and, without waiting for a reply from us, credited that amount to our account. We wrote back accepting the money, without prejudice, as part payment of our claim. I am wondering now whether this was the right thing to do and whether it might 'cloud the waters' and enable the Abbey to win on a technicality.

Any comments or experience of such issues would be appreciated.

Thanks in advance.

shoe_2

Well took advice and contacted the executive dept via telephone for halifax i asked where my claim for bank charges was up to as i would like to resolve the matter before i take the next step which would be to file a claim via MCOL i was told by someone called Julie to go ahead to the next stage as i was looking at the least 8 weeks before the issue on there behalf would be complete...i said i was not happy to wait 8 weeks as the banks are not when taking the charges...Sue informed me that there was over 15,000 people in the same situation..and advised me to take the next steps i also asked if they had the letter i sent to inform Halifax that the next step would be court action via small claims...she said yes but that makes no diffrence ...so what do you think about that ???i am so mad