Charge refund - a few questions

jjbtnc

Hello

I'm considering going through this process on behalf of my mother who is a pensioner but have a couple of questions

1 - In the past i have requested replacement statements from my bank for one reason or another and been charged £5 or whatever. I notice in the template letter asking for the charges info it mentions that copies of statements would be acceptable. I take it that if the bank uses this method to detail charges, the charge for doing so is still a flat rate of £10 ?
I believe that to be correct but just checking - as the template letter states you are not asking for statements as such, just stating that you are happy for that to me a medium with which the bank can detail the charges.

2 - My mother has an overdraft which would be easily cleared if she is successful but i am slightly concerned by the fact that in some cases banks have closed accounts. While not the end of the world for her, i'm wondering if banks who do this tend to get funny immediately on receiving your first correspondence and may give notice? Or do they tend to go through the whole claim/refund process and then at the end say "here's your money, by the way you have 30 days notice of your account closure" - just want to prepare myself!!

3 - What will happen in the case of charges being applied during the claim period? For example there is a time limit of 5 days for a claim to be serviced, then 14 days for the bank to acknowledge the claim and another 14 days to respond and enter a defence - total of 33 days. Depending on various circumstances during this time there could have been a further couple of charges that would not be included in your claim. Do people claim these as well? Is it a case of "thank you for the refund of £1000 as claimed by myself, while this claim has been ongoing i've incurred a further £35 or £70 can you please add that on top" or do people tend to let that pass?

4 - Hopefully this would have a successful outcome but if the worse came to the worse i'm not sure my mother could face up to appearing in court in person. I would happily do so for her but doubt if that is possible. If it comes down to it that the bank does push the issue as far as possible and my mother will not appear in court in person, how far through the process can my mother back out? If the bank enters a defence and a court date is given, can my mother back out 1 day before it's due? Will there be charges if she does back out?

Thanks for any help

Bewitched2761

When you write to the banks for statements follow the template letter stating its a subject access request and enclose the £10. They cannot charge you more than that for a SAR some will let you have them for free depending on who you bank with.
As far as I am aware banks tend to close accounts after the event but the advice is to open a parachute account with another bank just in case I would do this asap although you probably wont need it.
If charges are added during the claim the advice on here seems to be that when the banks offer to settle you ask for these charges then, often at the MCOL stage.
I think that you can nominate a person to act on your behalf should the matter go to court, you could always put MCOL in the search box on this site and see what that comes up with.
If you get as far as the court stage I would actually hold firm, a lot of the banks seem happy to let it go to the court stage acknowleding and defending before offering settlement including costs and interest which can only be added on at the court stage.
If you read the reclaiming bank charges help thread (its a sticky on the first page) you should find all the info you need in there knowledge is power!
good luck