Opinion needed

owen7777777

Hi,

I am currently putting together a bank charges refund request on behalf of a relative.

They have received statements dating back to 2007(6years). Over this course they have had over £3000 in fees.

This is made up of; unarranged overdraft fee (ranging from £24 to £168!!) , referral charges (ranging from £30 to £105), charges (ranging from £6 to £35), unpaid fees (ranging from £38 to £114), Guarantee card payment fee (£35). I haven't seen the statement yet myself, so need to double check a few of these as I can't believe some could be real!!!?

I was going to write all these out (and add in interest). With regards to financial hardship, the only evidence I can send, is the statements with this bank itself. E.g, living in overdraft, unpaid fees then knock on to over overdraft limit fees, payday loans on statement etc, low income.

If had a glance at the forums and can see a lot of failures, especially anything past 6 months.

I'm just looking for an opinion on how to tackle, or a steer on the approach.

This relative has always been in financial hardship, which the statements should evidence in itself. The £3000 fees over this period have worsened this. I do not want to just look at 6 months. Some of these fees are extortionate and hard to believe!

Thanks in advance

[Deleted User]

Since the Banks won the court case on Bank charges they won't countenance any request for refunds further back than six months. Even then, the Bank has to agree that the applicant is in financial "hardship". You cannot add in "interest" on any refunds as you are totally dependant on the Bank being generous with a goodwill payment
There really is nothing you can do about the £3000 paid in the last six years.

owen7777777

Ahh ok, it was just the MSE guide says to add in interest (no harm in asking etc)??? The guide doesn't mention 6 months, I've just seen it on forums.

Do I add in all fees over last 6 years then, or just 6 months...or do I do both?

The financial hardship argument should be fine as they truly are and have been.

Some of the success stories I have read (very few granted), I have seen say they claimed for last 6 years...and that you can claim for past hardship as well as current.

owen7777777

Just to add, as the banks didn't win the court case in 2009 based on hardship....
I would have thought as long as we can demonstrate they were in financial hardship for the last XXXXX, there is no defined timescale?

[Deleted User]

owen7777777 wrote: »

Do I add in all fees over last 6 years then, or just 6 months...or do I do both?

There is absolutely no point in listing all your old Bank charges going back years, as the Bank will make their own decision what (if anything) they are prepared to refund. All you can do is prove "hardship" using the criteria defined by the Bank. Make certain there are no payments to Sky, Mobile phones, gym membership etc in recent statements.

owen7777777 wrote: »

The financial hardship argument should be fine as they truly are and have been.

You'll only know for certain if the Bank agrees with you when they reply.
It is impossible to claim for past hardship, only the current situation will be considered.

[Deleted User]

owen7777777 wrote: »

I would have thought as long as we can demonstrate they were in financial hardship for the last XXXXX, there is no defined timescale?

I think best to read around the forum and see. Obviously you have made up your own mind and don't need anything I can add.

owen7777777

Ok well thanks for your help anyway. I sense from the last response a certain tone, but to clarify it's not that I have 'obviously made up my mind', my previous statement said 'I would have thought'...I was genuinely thinking out aloud, not ignoring what you had said...just confused my contradicting info on the MSE guide, compared to the forums.

Anyway, as you've said I'll have a read around and take it from there. Have nothing to lose.

dunstonh

Whilst some banks will only look at last 6 months, some will go back further. However, they decide on what approach they take depending on the individual circumstances. It really depends on how the balance fluctuated over that period. If say over the 6 years, the balance returned to credit at points then that would indicate financial hardship wasnt the case at that time. The point it entered a spiral of charges which were taking a greater amount of income is key.

It should be noted that living in overdraft and paying fees is not financial hardship. For some that is a lifestyle choice. So, spending habits will be looked at by the bank. If there are mobile phone bills being paid or pay tv or other luxuries then they will look less favourably on it being a financial hardship case.

Under no circumstances should the words unfair charges or similar appear in the letter. If they are, then the standard rejection "we won the court case" typically comes out.

There is no need to list charges. The bank will decide what it refunds or how it deals with it. It has a range of solutions which can include refunding nothing but deciding to suspend interest and charges for the next 6 months.

[Deleted User]

owen7777777 wrote: »

just confused my contradicting info on the MSE guide, compared to the forums.

The MSE guide was written some time back and is probably in need of an update.
As Dunstonh says above, don't refer to "unfair" charges in any letter you write. Play the hardship card and request (not demand) that they look favourably on refunding some of the monies paid out over the years. Making an exhaustive list (with interest) is a waste of time as the Bank already have all this information to refer to.