reclaim bank charges is it still possible

pma13

Hello
I know a lot is posted on bank charges but iam still not entirely clear

Ive had information back from my SAR request and I have returned fees, reserved fees and guaranteed fees on my barclays account. Mainly around 2010-11 totaling around 1200. The account was closed in 2011 when I went into DMP. Iam still on DMP now but have less than 8 months. Id love feedback please

Are these the type of bank charges that people try to claim or arent reserve fees included- depending on ans is it worth trying?

Whats the likelihood of reclaiming as iam not really in such a dire position as I was then but that definatley contributed to where I was and I was hoping if I was successful clearing some of my barclay card
any help / advice greatly appreciated

Alpine_Star

Do you mean unauthorized overdraft charges on your current account?


Also, if so, did Barclays put a default marker on your credit file at any point?

pma13

i dont know about the default marker also dont know how far back i can get that they've certainly put defaults on now- I think Barclay used the term reserve fee when you've gone over your unauthorised amount- hope that makes it clearer

Alpine_Star

Ordinarily reclaiming the charges would be difficult but there was a win for someone recently http://legalbeagles.info/judgment-foster-burnell-v-lloyds-bank-august-2014-bank-charges/ that would be worth keeping an eye on for the future.

brown1950

Alpine_Star wrote: »

Ordinarily reclaiming the charges would be difficult but there was a win for someone recently http://legalbeagles.info/judgment-foster-burnell-v-lloyds-bank-august-2014-bank-charges/ that would be worth keeping an eye on for the future.

Good to see a private individual take on the Banks and win ! Shame on the
OFT for giving up in 2009.

You can bet Lloyds Bank will not appeal this County Court decision for
fear of opening a whole can of worms and setting a precedent in a higher court.

What is interesting to come out of this particular County Court judgement is once a customer has agreed a payment plan the Banks should not issue a default with CRA's ! Clearly i can bet this will effect
many thousands of customers who could now claim for damages ! ie Durkin.v DSG judgement.

Some very interesting times ahead regarding bank charges especially as i understand another action is in the process of being concluded in a higher court which would set a precedent.!

Alpine_Star

brown1950 wrote: »

Good to see a private individual take on the Banks and win ! Shame on the
OFT for giving up in 2009.

You can bet Lloyds Bank will not appeal this County Court decision for
fear of opening a whole can of worms and setting a precedent in a higher court.

What is interesting to come out of this particular County Court judgement is once a customer has agreed a payment plan the Banks should not issue a default with CRA's ! Clearly i can bet this will effect
many thousands of customers who could now claim for damages ! ie Durkin.v DSG judgement.

Some very interesting times ahead regarding bank charges especially as i understand another action is in the process of being concluded in a higher court which would set a precedent.!

I'm certain there will be an appeal application to the Court of Appeal which needs to be submitted by 11th of this month.


On the issue of the CRA default & debt management plans it would all depend on the continuity (or otherwise) of the relationship between the point the account was closed and the DMP was established.

pma13

so are debtors perfectly within their rights to lodge a default with the cra even when on a plan because ive have been with step change and Barclays continue to log defaults when actually I was paying more than the minimum payment

Alpine_Star

pma13 wrote: »

so are debtors perfectly within their rights to lodge a default with the cra even when on a plan because ive have been with step change and Barclays continue to log defaults when actually I was paying more than the minimum payment

It would be dependent on the circumstances. Certainly in this case the judge held that the bank were not within their rights to register a default (regardless that the charges were deemed unfair) because there was a DMP in place at the point the default was registered and as such no default existed.


Read from paragraph 71 of the judgment http://legalbeagles.info/judgment-foster-burnell-v-lloyds-bank-august-2014-bank-charges/

Aquamania

Yes

http://www.moneysavingexpert.com/reclaim/bank-charges


But I would suggest you don't bother for an account that was closed in 2011. The refunding of bank charges is usually limited to those in current financial hardship where the current application of those charges is compounding the situation.
It is usually also limited to the customers main bank account.
Even then, banks have no obligation of offer any refund. (but may do, so worth asking for those so affected)

Family4_2

I sent hsbc a letter asking them to refund my bank charges that I occurred between 2009 and 2011. It added up to over £2000. I used the template on here and said I was in financial hardship and listed lots of other reasons. One month I was actually charged £225 for going over my over draft. They replied really quickly and more or less told me where to go! They did say I could appeal against the decision. One thing though that they did write is that they never charge more than £150.. Well I clearly wrote all my charges down for them to see , so I don't know if they just chose to ignore it. Anyway I will appeal and see what happens

Aquamania

Family4 wrote: »

I sent hsbc a letter asking them to refund my bank charges that I occurred between 2009 and 2011. It added up to over £2000. I used the template on here and said I was in financial hardship and listed lots of other reasons. One month I was actually charged £225 for going over my over draft. They replied really quickly and more or less told me where to go! They did say I could appeal against the decision. One thing though that they did write is that they never charge more than £150.. Well I clearly wrote all my charges down for them to see , so I don't know if they just chose to ignore it. Anyway I will appeal and see what happens

Presumably where they told you to go was the ombudsman service

I can't remember when HSBA introduced their fair fees policy/£150 maximum charge for an unauthorised overdraft per month, but from 14 November 2014 it will reduce to just £80 per month

Anyway I suspect it was later than 2009. But if you have evidence to prove otherwise, and so you should not have been charged more than £150 per month, then you would appear to have a claim for the difference. Unfortunately, I fear the ombudsman will not entertain such complaint due to it almost certainly being timed out by them. However, if you don't get any joy direct with the bank, then if you don't delay too much longer, I'm sure you would via court. But as I say, don't delay. After 6 years your claim will be statute barred (you may already be too late if you are in Scotland where the time limit is just 5 years)

See also the my previous post in this thread

Forget about historical financial hardship. Banks are under no obligation to refund you, and as posts on this board have shown, where those who have been successful in reclaiming bank charges due to financial hardship, the banks normally limit this to about the last 6 months charges.