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Reclaim Unfair Bank Charges article discussion Part II

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Comments

  • Hopeful1 wrote: »
    Have a look at this post here for info regarding hardship claims.
    thanks. do th banks have to remove my unplanned overdraft that i never asked for?
  • Hopeful1 wrote: »
    Send a S.A.R to MBNA. You need to write to the debt collector to say the account is in dispute as you do not agree with the outstanding balance. It may be worth sending a credit agreement request to the debt collector, 'casue without that they are not entitled to chase you for money anyway.[/quote

    Oooo right, ill do exactly that today when i get a moment.

    Thanks for the quick reply

    :beer:
  • B.M.W
    B.M.W Posts: 6 Forumite
    Hi all im new here and need some help my partner lost his job due to the current climate and I only work part time I believe we fit the finacial hardship criteria and want to reclaim all his bank charges, I phoned them today and they told me I need to get all his statements and mark all the charges and the dates cant they see this for themselves??? I understand we have to give them all our income and outcome details but surley it would be quicker for them to check the bank charges??
    thanks
  • BigNige
    BigNige Posts: 226 Forumite
    BigNige wrote: »
    Hi

    I am currently in a DMP and have sent in letters to HSBC and Abbey to reclaim my bank charges, which, (including interest) amounts to £4,000.

    I have received the standard response letter "we believe charges are fair, everything is on hold, blah blah blah" etc

    It says in the notes on this site that an FSA Waiver is in force that should mean that cases of financial hardship should not apply to the current situation and that banks should settle these cases. As I am in a DMP, I would think I count as being in "financial hardship".

    3 Questions

    1. What do I do now? Do I write back, insisting that they settle the claim

    2. Will this make the banks get nasty on the DMP and try to call in the entire loan / take me to court etc

    3. I have over £3,000 Business bank charges I want to reclaim, and the business is in financial trouble. Can I reclaim those as well?

    ANy help would be greatly appreciated

    Thanks
    Nige


    BUMP... can anyone help???
    Total Reclaimed from banks and credit cards so far: £14139 :T
    Amount outstanding £550 :beer:
  • jennyo
    jennyo Posts: 422 Forumite
    B.M.W wrote: »
    Hi all im new here and need some help my partner lost his job due to the current climate and I only work part time I believe we fit the finacial hardship criteria and want to reclaim all his bank charges, I phoned them today and they told me I need to get all his statements and mark all the charges and the dates cant they see this for themselves??? I understand we have to give them all our income and outcome details but surley it would be quicker for them to check the bank charges??
    thanks

    It would be quicker, but they don't particularly want to give you any money, so by making it more difficult for people to claim, some wont bother, but actually it doesn't take long to go through your statements, took me a couple of hours to go through and do my template letter, and I earned £2652.00 for doing it, not a bad rate of pay per hour, good luck.
    Debt Free Dec 2009
    non-smoker 19th Nov 2010
    Trying to lose weight 40lb/42lb

  • jennyo
    jennyo Posts: 422 Forumite
    Big Nige, don't know the answers to most of your questions, but you can reclaim from a business account and it is not on hold either, so get a claim in now. good luck.
    Debt Free Dec 2009
    non-smoker 19th Nov 2010
    Trying to lose weight 40lb/42lb

  • Hello Everyone :) First ever post as im new!!!

    I am currently in the process of claiming from HSBC, sent first letter on the 7/2 heard nothing at all.

    Sent second letter yesterday so fingers crossed i will hear something soon.

    Is it worth me going down the hardship case route?

    Thanks :)
  • Mar.cresham
    Mar.cresham Posts: 1,060 Forumite
    Hi Im new on here and was hopeing someone may have some info to helpme out with.

    BANK OF IRELAND

    I have sent off letter number one asking for over £2.500 giving them 14 days to write back 3 weeks later not heard a word so now sent letter number two doing this via hardship I.E On dla and other benafits which is my only income plus they have took over 500 a year from me.

    So what im wondering is As anyone tryed with the boi and got any where?

    Have i done Right with the 2nd letter and hardship????????


    Can anyone help PLZ
    09 Wins= 5 Rugby balls, 3 Football. A cricket ball. 6 Books. A subway, A T.Shirt, 2 Durex Goody Bags, Beyonce tickets X 7 SETS A Magnum card. 2 glamour wins. Coffee, Jewellery. Moble Phone
    :A
    Be nice and hit Thanks
  • Bank:H.S.B.C
    Claimed:£313
    Received:£?? ONGOING!!
    Story:
    Another newbie joins the fight!
    asked H.S.B.C for list of charges, telling them I'm in financial hardship and they waivered the £10 fee(good start), received a letter with the charges a week later saying ".... rather than disputing the legality of the the level of charges passed to your account you allege that the bank has unlawfully deducted charges from your account in contravention of S187 of the Social security Administration Act 1982. It is your belief that the levying of of bank fees amounts to an unlawful 'charger' on the benefits you receive from the state."

    even though there was no mention of the act in the template letter!:confused:

    They went on to say that their legal advisers found my argument wrong as a matter of construction of the Act.

    They quoted: "you have confused 'charges' in the sense of fees, to which the Act has no relevance and 'charges' in the sense of a proprietry right attaching to the benefits to which the Act relates, but which the levvying of fees on overdrafts does not create".
    :mad:
    I then received a phone call from HSBC asing for me to go over my income/expenditure to prove i was in financial hardship, which they found i was.:cool:
    A few days later i received a letter saying they sympathise withh my current situation and are prepared to offer me a refund of charges amounting to £55 and review my situation each month.
    It goes on to say they are 'unable to confirm whether my total claim will be successful, but the refund agreed will not affect my current claim other than to reduce the total amount by £55'!
    Surely then they must know their charges are unfair to make me this offer?
    If so why not refund the total?
    Guess i should take it, better than kick in the teeth.:D
    Also they got me on a managed loan but cut the interest to 1% above base rate(pretty good really)
    Might see if i can get the interest bk on that from the last 3 yrs seeing as i had to take it out because of financial hardship and unfair charges back then.
    Thanks to all for your help and resources:T:money:
  • I could really be doing with some help & advice regarding claiming my bank charges. I'm with the Clydesdale & I started my reclaiming battle in JulyI 2007, my charges amounting to £552. I got a letter back a couple of weeks later saying they were unable to refund them. The court case & the hold on reclaiming started not long after, then I heard about the financial hardship thing. By then my charges totalled £1972, I was in a complete mess, my direct debits were being returned unpaid because I was being charged so much & because they weren't being paid I was getting more charges! The bank did not seem to care or want to help & refused my request for an overdraft on several occasions. I contacted the bank & they eventually sent me a cheque for £325 & a letter saying it was an ex gratia payment, although not admitting liability. It also said my acceptance of the offer would not affect my right to be compensated by them for the difference between my actual claim & this offer, should the courts decide in our favour. I kept the money but now I'm wondering if I did the right thing. Does this mean my claim has been scrapped? Will I have to wait on the outcome of the court case before I can claim again or can I apply on financial hardship grounds again as I have now lost my job & total charges to date are £2202. I'm so confused
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