Help with Reclaim

supertrin

I would really appreciate any advice on how best to proceed in this situation.

I hve previously tried to reclaim bank charges from Lloyds TSB in around 2009. I had all the information and had tried to reclaim the amount but at the time i was told it was on hold.
At this point i left this job and went through a lenghty Employment Tribunal so all this information was lost (the company was dissolved during this process so have nothing to get back).
I am now in serious financial hardship and wanting to try and reclaim these charges. I entered into a debt management plan shortly after my orginal claim back in 2009.
Unfortunately i belive getting six years information (from present) will not really help as the majority of the charges were before these dates.
Am i able to find out if the original case still exists, therefore to just re-open this case (although i have zero information in terms of paperwork). Or do i have to start a new claim? the issue with this is noted above that the charges are prior to this.

Can you please offer help and advice on what i could do. It would be very much appreciated.

dunstonh

I am now in serious financial hardship and wanting to try and reclaim these charges. I entered into a debt management plan shortly after my orginal claim back in 2009.

Hardship is an area where banks will consider looking at options (which doesnt necessarily mean they refund but they could suspend interest and future charges for a period for example). However, the fact you entered a management plan would suggest that you are not in hardship now as the plans are usually designed to be affordable.

Unfortunately i belive getting six years information (from present) will not really help as the majority of the charges were before these dates.

You dont need to get any details of charges. It is up to the bank what, if any, they refund. You dont need to tell them.

Am i able to find out if the original case still exists, therefore to just re-open this case (although i have zero information in terms of paperwork).

It would have ceased after the banks won the court case.

Are you in current financial hardship?

Aquamania

supertrin wrote: »

I would really appreciate any advice on how best to proceed in this situation.

I hve previously tried to reclaim bank charges from Lloyds TSB in around 2009. I had all the information and had tried to reclaim the amount but at the time i was told it was on hold.
At this point i left this job and went through a lenghty Employment Tribunal so all this information was lost (the company was dissolved during this process so have nothing to get back).
I am now in serious financial hardship and wanting to try and reclaim these charges. I entered into a debt management plan shortly after my orginal claim back in 2009.
Unfortunately i belive getting six years information (from present) will not really help as the majority of the charges were before these dates.

Banks are not obligated to refund charges even to those in financial hardship.

Where they consider it appropriate to do so, it is for those in current financial hardship where recent (or forthcoming) charges, the return of which will be the best help to the customer. It does not cover charges you incurred over 6 years ago.

supertrin wrote: »

Am i able to find out if the original case still exists, therefore to just re-open this case (although i have zero information in terms of paperwork). Or do i have to start a new claim? the issue with this is noted above that the charges are prior to this.

Can you please offer help and advice on what i could do. It would be very much appreciated.

You can contact the court to find out the status of your current claim (if not previously advised as closed)

The MSE guide to reclaiming bank charges has a link to a further article explaining all this.
Note the article has not been updated recently, partly I guess because no one has ever reported any success following the article.

supertrin

Apologies if it was misleading.

It never went to court, when i say Case i mean i sent the letters set out in the reclaim guidlines as per this (very helpful) website.

Once i had received a letter from Lloyds stating that the current "reclaim bank charges" cases were on hold pending the court case, i took this no further (and couldn't due to circumstances explained).
The bank account which took these charges is no longer in use really as only accepts the payments made from my debt management plan each month. It is heavily overdrawn but incurring no further charges at present. The Account would be £1/2k in Credit if these charges had not been incurred, instead it is £1/2k in debit. A large proportion of the charges incurred took place when i was going through extreme financial difficulties, hence why i set up the debt managment plan.

hope this helps and thank you very much for taking time to reply.

Aquamania

supertrin wrote: »

Apologies if it was misleading.

It never went to court, when i say Case i mean i sent the letters set out in the reclaim guidlines as per this (very helpful) website.

Once i had received a letter from Lloyds stating that the current "reclaim bank charges" cases were on hold pending the court case, i took this no further (and couldn't due to circumstances explained).
The bank account which took these charges is no longer in use really as only accepts the payments made from my debt management plan each month. It is heavily overdrawn but incurring no further charges at present. The Account would be £1/2k in Credit if these charges had not been incurred, instead it is £1/2k in debit. A large proportion of the charges incurred took place when i was going through extreme financial difficulties, hence why i set up the debt managment plan.

hope this helps and thank you very much for taking time to reply.

Sorry, when you mentioned a 'case' I thought you were referring to a court case.

Now if I understand you correctly, you raised a complaint with the bank who put the complaint on hold, pending the decision of the Supreme Court.

The Supreme Court gave their decision in 2009. Accordingly complaints made using the "guidlines as per this (very helpful) website" were all null and void.
The bank should have responded to your complaint though advising such fact. Perhaps you should contact the bank to find out what happened to your response?

As per the MSE guide now (and since 2009)

Reclaiming " is now primarily for those in financial hardship."

Your letter, if made using the "guidlines as per this (very helpful) website" prior to the Supreme Court decision would not have even mentioned financial hardship - if they did, your complaint should not have been put on hold.