Reclaim Unfair Bank Charges article discussion Part II

Lex555

Actually, none of them have been covered. I read the whole hardship section through twice, hence why i'm posting.

It says that you can appeal to the Ombudsmen if you disagree with the banks decision as to whether or not you qualify for the hardship exemption, but nothing about whether you can still appeal to the ombudsman if, (once the bank agrees you qualify for exemption), you don't think the amount the bank has offered you is fair, (perhaps because they've offered a small proportion because they think you're more desperate as you claimed under hardship?).

That was the main issue i was looking for clarification on.

esmerellda

The bank has no obligation to make ANY refund to you if you are classified by them as in hardship, and do still have the right to hold your complaint till the end of the test case. However they do have an obligation to treat your fairly and assist you in sorting out your financial difficulties - that may be moving you to a basic account, putting a stop on future charges and interest and maybe offering a loan or repayment plan on any overdraft you have built up.

You can still take your complaint to the ombudsman but they are likely to keep it on hold also.

Really need to know a bit more about your circumstances to be able to advise better.

esmerellda

To answer your other questions:-

2.) Also, if you claim through hardship, aren't you likely to be offered a smaller proportion of what your asking for from the bank than you would have if you'd been through the normal process? (i.e before the waiver or would be likely to get after the waiver is lifted)? (cos they think you're more desperate). smaller proportion is better than nothing, and the waiver says they CAN'T do it as full and final which means after the test case, if it goes our way, you can go back for the rest plus any compensatory rate the FSA etc decide is appropriate.

3.) When deciding how much of your charges you should initially ask back for, and whether you're gonna add interest etc, has a general consensus yet been reached about whether it is better to start of asking for the whole wad + interest in the hope that their offer will be higher than if you'd asked for less, or if it's better to try to comprimise right from the start and say you'll accept X amount? I know before this was said to be "an art, not a science" but i was wondering if it had yet emerged which was a better tactic? Always start at the full whack they owe you.

4.) Should you not say how much you intend to reclaim until the bank agrees that you're eligable under hardship? I know it's probably not supposed to, but i can't help thinking they might try and be sneaky if they know your gonna ask for a large amount of charges, and tell you you don't qualify under hardship. The amount you are reclaiming should NOT affect your hardship status at all - if it was proven they were doing such a thing they would be in the major poo with the FSA - tell them in your first letter how much it is - they can look it up anyway, and you are entitled to it all so claim it all.

esmerellda

dragonfly1977 wrote: »

I filed my claim, in June with Yorkshire Bank under financial hardship due to being on maternity leave. A fortnight ago I spoke to the office dealing with my claim who told me that it was under investigation. I spoke to them again yesterday and they told me my cheques had been raised and i should hear from them again within the next week or so. I'm not sure whether they have classed me as financial hardship due to me being on reduced income due to being on maternity leave and receiving SMP or due to the fact that my charges were over the threshold that they have ruled as being in financial hardship (i read somewhere that it was £500, but i'm not 100% sure on that one).

She couldn't disclose the total amounts of my cheques, but i'm not holding out for much. The total claim for both accounts was for around £5,000, so we'll see what they offer. This will no doubt be the longest "week or so" of my life! But i guess we're all in the same position

IF it is less than you are claiming - you can go back for the rest after the test case - they are not allowed under the waiver terms to settle as full and final.

Financial Hardship - yes one of the guidelines was having receivbed more than £500 charges in the past year - but is also dependant on other factors re your circumstances.

esmerellda

tish wrote: »

I tried to claim back over £1600 in charges from HBOS last year. In July, I received a letter stating that they had put £888 into my account, but that this would be in full and final settlement. If I wanted to accept, to do nothing, but if I wanted to reject the offer, I should return the money and await the outcome of the court case. As there was a lot going on in my life at that time, I did nothing, and since then, have spent the £888. Does this now mean that I cannot pursue HBOS for the remaining half of my claim (plus further charges since then)?
Any advice gratefully received.

Full and finals signed (or not) since the umm 27th July 2007 (I think - then updated 26th July 2008) have no effect and you can go back for the rest at the end of the test case, so keep your paperwork safe !

Have a look at the waiver guidelines http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

esmerellda

btw for some earlier posters - you can argue against the limitations act period of six years quite successfully so always start your claim for the full amount of all the statements you have, and when you get to court stage then seek advice on one of the specialist reclaim sites - CAG or LegalBeagles....it has been done and people have been paid out well over 6 years. If you want an easy life go for 6 years, if you fancy a bit of a fight claim it all.

esmerellda

I'll be quiet for a bit now lol

fedupwiththeworry

btw for some earlier posters - you can argue against the limitations act period of six years quite successfully so always start your claim for the full amount of all the statements you have, and when you get to court stage then seek advice on one of the specialist reclaim sites - CAG or LegalBeagles....it has been done and people have been paid out well over 6 years. If you want an easy life go for 6 years, if you fancy a bit of a fight claim it all.

Now that's interesting, thanks for that.

tish

esmerellda wrote: »

Full and finals signed (or not) since the umm 27th July 2007 (I think - then updated 26th July 2008) have no effect and you can go back for the rest at the end of the test case, so keep your paperwork safe !

Have a look at the waiver guidelines http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

Thanks for that, I'll definitely keep the paperwork and pursue them!!

Jcollins

I started my claim for bank charges back in the beging of the year, a total of £3050 over six years.

only now iam being hammered for much higher charges (£150.65 in the last 27 days!) as barclays has now introduced a new charge for a reserve.

Would i be able to add these to my claim? as obviously the first claims (six years ago) were only £20 per time, but i'd much rather claim 6 years from now! with these new charges.