Reclaim Unfair Bank Charges article discussion Part II

alexperez

natweststaffmember wrote: »

They can refuse to payout a claim where the account is already closed under financial hardship but the original claim is still valid ie will be dealt with on the conclusion of the OFT test case issues.
Did you close it or did they?
have you got an updated list of charges since you first asked the question?

I wasnt at work actually but I am now, its really fun!!

Well thats the confusing thing, I have only asked for statements/charges and they have sent me a list of charges and then told me about the test case and all complaints are on hold and have sent me a list of charges. Do I presume they will look into the complaint when the test case is finished or is it a good idea to ask for them as well?

Also, do the banks now close accounts still after paying out these charges, I have been with Natiopnwide for about 15 years and cant be bopthered with all of the hassle?

thanks

Wispa1

Hi, I am new to this so any help would be appreciated.

I have a hardship claim at the moment which is with the FOS who have ruled in Lloyds favour as Lloyds transferred my bank account to its recoveries section and in doing so have stopped any additional charges or interest being added to my account. As this is consistent with the banking code requirements, the FOS has said that my hardship claim should not proceed as they feel the bank have treated me fairly. Has this happened to anybody else? I am not sure how to respond to the FOS as I am in arrears on my mortgage and secured loan and believe I am in financial hardship. I can't help feeling Lloyds are transferring these accounts to their recoveries section to get out of refunding these charges as they know the FOS will rule in their favour if the accounts have been transferred!!!

Any help or advice would be appreciated thanks

natweststaffmember

alexperez wrote: »

I wasnt at work actually but I am now, its really fun!!

Well thats the confusing thing, I have only asked for statements/charges and they have sent me a list of charges and then told me about the test case and all complaints are on hold and have sent me a list of charges. Do I presume they will look into the complaint when the test case is finished or is it a good idea to ask for them as well?

Also, do the banks now close accounts still after paying out these charges, I have been with Natiopnwide for about 15 years and cant be bopthered with all of the hassle?

thanks

They don't or shouldn't close accounts because you are reclaiming. I hope their list went back to July 2001 otherwise it is a breach of the FSA Waiver on Bank Charges.

natweststaffmember

Wispa1 wrote: »

Hi, I am new to this so any help would be appreciated.

I have a hardship claim at the moment which is with the FOS who have ruled in Lloyds favour as Lloyds transferred my bank account to its recoveries section and in doing so have stopped any additional charges or interest being added to my account. As this is consistent with the banking code requirements, the FOS has said that my hardship claim should not proceed as they feel the bank have treated me fairly. Has this happened to anybody else? I am not sure how to respond to the FOS as I am in arrears on my mortgage and secured loan and believe I am in financial hardship. I can't help feeling Lloyds are transferring these accounts to their recoveries section to get out of refunding these charges as they know the FOS will rule in their favour if the accounts have been transferred!!!

Any help or advice would be appreciated thanks

Did you receive LloydsTSB final response?
You have to argue that since a lifestyle issue, ie loss of your job up to the point they put the account in collections and stopped the charges that those charges already taken had eaten into priority debt arrears(mortgage/rent, council tax, utilities) so that you built up arrears so far unpaid. If you argue that point with the FOS you might stand a chance of an offer. Stopping charges and interest IS unfortunately compliant with the FSA Waiver(it's on my signature btw if you want to read it in full),

Wispa1

Hi Natweststaff member, thanks for that. What is the "final response" please. Sorry if its a silly question.

Also I have told the FOS about the lifestyle changes, my husband was made redundant twice and has had to take a lower paid job. I am not working due to childcare reasons and the charges have been accumalating since then. My orignal claim was in 2007 and the hardship claim in August 2008 and January 2009.

natweststaffmember

Wispa1 wrote: »

Hi Natweststaff member, thanks for that. What is the "final response" please. Sorry if its a silly question.

Also I have told the FOS about the lifestyle changes, my husband was made redundant twice and has had to take a lower paid job. I am not working due to childcare reasons and the charges have been accumalating since then. My orignal claim was in 2007 and the hardship claim in August 2008 and January 2009.

A final response from the bank would outline that they do not believe you to be in financial hardship and should give their reasons why they don't which mean you would argue the point with the FOS, for example, if they said you weren't in hardship because your door was blue and it was red then you argue the point and the FOS determine who is right, so to speak.

Doooford

Sorry if I've missed this, I have looked through the forums and on Google but cant find this anywhere.
I am just about to enter a hardship case with Alliance and Leicester, and wondered if the "Exceeding overdraft Limit Fee" could be claimed back. They're slightly different to normal fees as they are charged at £5 a day. I hope they can be because I have a couple that mount to around £60 to £80 for one month! :j

Many thanks, and sorry if this information is available on another thread

Wispa1

natweststaffmember wrote: »

A final response from the bank would outline that they do not believe you to be in financial hardship and should give their reasons why they don't which mean you would argue the point with the FOS, for example, if they said you weren't in hardship because your door was blue and it was red then you argue the point and the FOS determine who is right, so to speak.

Thanks for that. As my claim is with the FOS, would I need to ask them to ask Lloyds for the final response letter or can I go to Lloyds and ask for this direct?

natweststaffmember

Wispa1 wrote: »

Thanks for that. As my claim is with the FOS, would I need to ask them to ask Lloyds for the final response letter or can I go to Lloyds and ask for this direct?

Ask the FOS if LloydsTSB sent them a final response which you would like to see so that you can add additional comments to so that they have the full picture and why you believe that they(lloyds) are wrong.

natweststaffmember

Doooford wrote: »

Sorry if I've missed this, I have looked through the forums and on Google but cant find this anywhere.
I am just about to enter a hardship case with Alliance and Leicester, and wondered if the "Exceeding overdraft Limit Fee" could be claimed back. They're slightly different to normal fees as they are charged at £5 a day. I hope they can be because I have a couple that mount to around £60 to £80 for one month! :j

Many thanks, and sorry if this information is available on another thread

100% absolutely.