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Bank out of time limits

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Comments

  • Atidi
    Atidi Posts: 943 Forumite
    CKhalvashi wrote: »
    Is there any need to be so rude?
    How is asking you a question about what you previously posted rude?
    I have simply stated that I prefer to trust MSE Martin & his team, rather than some anonymous forum users and their equally anaymous supporters.
    CKhalvashi wrote: »
    The only cases now being considered are based on hardship. If the bank reject the claim, and hardship doesn't come into this, the only option will be to fight it in court.
    As I just posted, the whole article is based on hardship claims (and first time offences)
    Why do you equally assume the OP is not claiming undewr financial hardship???

    If the bank reject the hardship claim, the article explains how that can be challenged by escalating the complaint to the FOS.
    You cannot fight hardship claims in court, sorry.
    CKhalvashi wrote: »
    I don't know of a case that's won on this route, and Dunston (who works in the financial sector) will possibly be able to back this up.
    Then have a look at the sticky thread I previously linked to ;)
    CKhalvashi wrote: »
    The bottom line, is that the banks won the case on this one, and therefore, whilst they have to treat customers fairly, don't have to repay any charges that you (or anyone else) have contractually paid.

    CK

    Nonsense, I suggest you read the article! ;)
    There is no obligation to refund under financial hardship, but if you don't ask, you don't get.
    The article explains how to ask, and the sticky thread shows a sizable number of success reports by other MSEers following the article.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Atidi wrote: »
    If the bank reject the hardship claim, the article explains how that can be challenged by escalating the complaint to the FOS.
    You cannot fight hardship claims in court, sorry.

    I stated, that hardship can go to FOS, anything else can't.
    The article explains how to ask, and the sticky thread shows a sizable number of success reports by other MSEers following the article.

    However I don't believe that anything has won down the court route, which was what I stated. There may have been one or two that slipped through the net, but I don't believe so.

    CK
    💙💛 💔
  • dunstonh
    dunstonh Posts: 120,307 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The only cases now being considered are based on hardship. If the bank reject the claim, and hardship doesn't come into this, the only option will be to fight it in court.

    I don't know of a case that's won on this route, and Dunston (who works in the financial sector) will possibly be able to back this up.

    There is only one known successful court case since the supreme court ruling. That was where the bank locked the woman in an interview room and acted in what was nearly a criminal way. Although that was not a template for success!
    http://www.thisismoney.co.uk/money/saving/article-2011646/Widow-Josephine-Lewis-held-hostage-bank-manager-Christopher-Hicks.html
    If the bank reject the hardship claim, the article explains how that can be challenged by escalating the complaint to the FOS.

    And all the FOS can do is encourage the bank to consider the case fairly. It cannot force the bank to refund.

    For bank charges, you are reliant on either an error being made by the bank or financial hardship or goodwill offer (typically for first time mistake)
    Look harder! There's a success reported as recently as 05-Sep-2013

    two posts on that day. One was rejected. The other got a £6 refund (looks like a one first time goodwill refund). The latter is not a conventional bank charges refund request as it is a first time error goodwill refund. Not someone asking for bank charges over x number of years to be returned
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    dunstonh wrote: »
    There is only one known successful court case since the supreme court ruling. That was where the bank locked the woman in an interview room and acted in what was nearly a criminal way. Although that was not a template for success

    I've just read that!

    I think the fault here, was false imprisonment and possibly (mental) assault. Completely unique set of circumstances!

    CK
    💙💛 💔
  • Atidi wrote: »
    Is he more experienced than MSE Martin?
    If not, I think I'll prefer to trust MSE Martin and his team, thank-you all the same.

    Haha, Martin's a journalist :rotfl:
  • Atidi wrote: »
    Is he more experienced than MSE Martin?
    I have checked the FCA register and found that DunstonH appeared on the FSA register on the day it was founded. This is under his real name although clearly I am not at liberty to divulge what that is.

    Those who appeared on the old PIA register are not published but almost all individuals appearing on the FSA register on day one were previously PIA registered.

    Martin Steven Lewis does not appear on the FSA or FCA register.

    That is not intended as a slight on Martin - it is simply a statement of fact.

    DunstonH has the experience (and qualifications). Martin doesn't.
  • JuicyJesus
    JuicyJesus Posts: 3,832 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The Martin Lewis cult of personality signs up another follower...
    urs sinserly,
    ~~joosy jeezus~~
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