Bank of Scotland Charges Reclaim

dazzler365

Afternoon All,


I had 3 accounts with BOS opened in 2002 and closed in 2008. I've got all the old statements and there's over £1200 worth of unauthorised overdraft charges. I've highlighted all charges, done the template from this website and the bank called me this morning to say that my claim has been rejected due to the charges being over 6 years old.


Is this case closed?


I've shown how I am now in financial hardship - my wife is pregnant and has had to stop working due to a medical condition so the household has lost one income - but they've said that is irrelevant.


They have said they see no hardship (we have a joint account with BOS that my salary is paid into) as we've never gone over our arranged overdraft. We haven't gone over it as I don't want massive charges for doing so, this doesn't mean that we're not in financial hardship right?


Any advice?


Thanks

WorkingGirl

dazzler365 wrote: »

Afternoon All,


I had 3 accounts with BOS opened in 2002 and closed in 2008. I've got all the old statements and there's over £1200 worth of unauthorised overdraft charges. I've highlighted all charges, done the template from this website and the bank called me this morning to say that my claim has been rejected due to the charges being over 6 years old.


Is this case closed?


I've shown how I am now in financial hardship - my wife is pregnant and has had to stop working due to a medical condition so the household has lost one income - but they've said that is irrelevant.


They have said they see no hardship (we have a joint account with BOS that my salary is paid into) as we've never gone over our arranged overdraft. We haven't gone over it as I don't want massive charges for doing so, this doesn't mean that we're not in financial hardship right?


Any advice?


Thanks

I think this forum gets more ridiculous by the day.
I think Martin sold up at the right time.

dazzler365 wrote: »

Good Morning All,


I flew with Thomson to Palma, Mallorca from Edinburgh on the 26th July 2014 and returned on 2nd August 2014...

dazzler365

WorkingGirl wrote: »

I think this forum gets more ridiculous by the day.
I think Martin sold up at the right time.

Tremendously helpful working girl, you truly are an inspiration to all of us.

Nasqueron

dazzler, to put it in quick terms:

Banks will be unlikely to accept a claim for financial hardship if they see evidence of spending on luxuries (e.g. going on holiday, pay TV, eating out in restaurants) - things that you would logically stop spending on if you are in financial problems. Historical charges on closed accounts are almost guaranteed no refund.

Going forward if you make the application for help early (before any problems start) you may get more help from the bank.

Don't pin your hopes on 6 years of charges refunded though, the banks won the "unfair charges" court case in 2009 so they are not obliged to give you anything - the CURRENT bank may be generous and refund a few months if there is a pattern of more going out than in (on say bills, mortgage etc) or they may freeze charges for a period. The chances of a cheque for £1200 for an account closed 6 years ago are pretty much zero.

[Deleted User]

dazzler365 wrote: »

you truly are an inspiration to all of us.

I think the point, though bluntly made, is a valid one. You state that you are in "financial hardship" in your post on this thread, but you have already revealed yourself to not be in that predicament by virtue of just having returned from a foreign holiday.

The Bank's definition of "Financial Hardship" is that you should be constantly living in your overdraft and struggling to pay essential bills. If you inform the bank that you are in such a position, your account will be scrutinised for evidence of this. If, however, you are paying for things like subscription television, a mobile phone contract or foreign holidays then this is evidence to the contrary of your assertion.

You say that your wife is pregnant and has had to give up work, but this is not hardship unless it has left you in a position where you are struggling to put food on the table.

dazzler365 wrote: »

They have said they see no hardship as we've never gone over our arranged overdraft. We haven't gone over it as I don't want massive charges for doing so, this doesn't mean that we're not in financial hardship right?

You are clearly do not fulfil the criteria of financial hardship.
You might care to have a read of this;
http://www.financial-ombudsman.org.uk/publications/technical_notes/financial-hardship-unaffordable-lending.htm