Bank Charges Claim Advise Needed.

Dougle2001

Hello everyone.

For the last couple of years, I have had a terrible time with my bank. Getting into debt and constantly feeling like I was struggling to get my account in to the black every month - So I came accross Martin's Charges Claiming page.

So I did it, I went through all my statements from as far back as December 2011.

To my astonishment I counted a total of £786 in 'Unarranged overdraft charges', £90 in 'Returned Item Fee's', £72 in 'Arranged Overdraft Fees' and £36 in 'Unpaid Transaction Fees'.

I had also paid £298 for a monthly payment to my bank for services which I did not ever use or register the 'benefits' of such.

So using the tips on the website, I fired off a letter using the guides of the template, but with much more personal description of my own situation and how I felt it was unfair.

Because I noticed that the Monthly Account Fee seemed to be the cause of why I went in to an unarranged overdraft, I have added this on to the total of my claim.

All in all my claim is for £1,384.56 (£1,282 + 8% Interest). I have also received further charges since I sent the letter, and stated in the letter that any further charges because of my accumulated debt be added on.

So what has happened?

Well, the letter was received and signed for on 29th September, and I have not received an actual response to my letter (Nor acknowledgement)

What I have had however was a call from RBS regarding my money that I owe them (Bank is currently at -£560). Offering me to just pay £150 over several installments. I told the lady about my letter and she said she hadn't known about it and when I said I sent recorded and it was signed for she said the bank will say the same as her.

Long story short, I told her I want to see a reply to this letter. This was on the 6th November. She said she had put my account on hold for 28 days from that date. So that means I've got until the 3rd, what do I do next?

I appreciate any help and apologise if I haven't laid this out correctly. I have been worried about my accumulated debt and at times I seem to procrastinate on the subject.

Dougle.

dunstonh

The bank will normally reply within a week. Seeing as it was almost 2 months ago, I would chase the bank complaints department.

So using the tips on the website, I fired off a letter using the guides of the template, but with much more personal description of my own situation and how I felt it was unfair.

You should avoid any use of the word unfair or anything that can be interpreted as such. This usually results in a rejection quoting how the banks won the case on unfair bank charges. You need to focus on your financial hardship (if you are in hardship and its not a spending issue - we dont have the benefit of analysing your spending habits. The bank will).

Dougle2001

dunstonh wrote: »

The bank will normally reply within a week. Seeing as it was almost 2 months ago, I would chase the bank complaints department.



You should avoid any use of the word unfair or anything that can be interpreted as such. This usually results in a rejection quoting how the banks won the case on unfair bank charges. You need to focus on your financial hardship (if you are in hardship and its not a spending issue - we dont have the benefit of analysing your spending habits. The bank will).

I used the word unfair charges in my letter, although also explained that I am in financial hardship and felt that the circle of charges had effected my hardship even more.

I'll get on to complaints in the morning. Thanks for the reply!

Will update the thread when news happens.

Aquamania

Dougle2001 wrote: »

I used the word unfair charges in my letter, although also explained that I am in financial hardship and felt that the circle of charges had effected my hardship even more.

I'll get on to complaints in the morning. Thanks for the reply!

Will update the thread when news happens.

Neither claiming unfairness nor pleading financial hardship will help you with your attempt to reclaim monthly account fees, sorry.

See this MSE article on how and when you may be able to successfully reclaim these type of charges.
http://www.moneysavingexpert.com/reclaim/reclaim-packaged-bank-accounts

If it was only the monthly account fees that caused you to go into an overdraft and/or unpaid transactions, and then incur default fees as a result, that would indicate to me that you will probably not succeed in your claim of financial hardship.

See this thread for online resources relating to what financial hardship is considered to be (in this sense).
http://forums.moneysavingexpert.com/showthread.php?t=2428497

However, as regards the non-response to your official complaint, do you have any evidence of it being successfully delivered? (e.g. a signature on delivery, online tracking info, etc)

If not, it could simply be that the complaint was not successfully delivered. Therefore it would be wise to contact the bank and check.

Remember, if a complaint is not answered (or satisfactorily resolved) within 8 weeks of receipt by the bank, you have the right to ask the FOS to assist you.
(If the FOS uphold your complaint about the non-response, even if they don't uphold your actual complaint as made to the bank, they may still award you some compensation because of the bank's failure to respond in a timely manner :beer:)

[Deleted User]

Dougle2001 wrote: »

Well, the letter was received and signed for on 29th September,

Aquamania wrote: »

do you have any evidence of it being successfully delivered?

See above.

Aquamania

^

Missed that, sorry.

In which case the OP may ask the FOS to assist now

Dougle2001

That is the reason for the un-arranged overdraft charges. When ever a bill or DD tried to come out it wouldn't because I had no money in and I had used my £100 overdraft.

Only when the bank took their £10 would I then be -£110, and so the £6 a day or whatever charges happened.

For several months I was paying between £90-£100 a month in charges.

Interesting about the FOS, yes I have a signature to say it was received. So how would I go about that?

Appreciate the advise.

Dougle.

dunstonh

Interesting about the FOS, yes I have a signature to say it was received. So how would I go about that?

You contact the bank and ask them for the outcome. It may be that they have responded and a letter sent to you and that letter is missing.

You should note that the FOS do not have the ability to tell a bank to refund charges (in cases of financial hardship). It can only make sure they consider your complaint fairly. If you go to the FOS, you end up in a queue and the FOS will ask the bank. The bank may say they cant find the complaint and the FOS will then tell them to look into it. You could end up waiting months instead of just going to the bank first to see what is going on.

Aquamania

Dougle2001 wrote: »

...
Interesting about the FOS, yes I have a signature to say it was received. So how would I go about that?

Appreciate the advise.

Dougle.

It's all explained in the RBS complaint procedure
http://personal.rbs.co.uk/global/support-centre/how-to-complain.html

If you are still not happy


Financial Ombudsman

If for some reason we haven’t been able to resolve your complaint within eight weeks, or you’re not satisfied with the resolution you can refer your complaint to the Financial Ombudsman Service.

If you receive a final response letter from us and you want to contact the Financial Ombudsman Service, you’ll need to do this within 6 months of receiving our letter.

You can contact the service by writing to:

The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR

Alternatively you can phone them on 0800 023 4567

Here is the link to FOS complaint form page.
http://www.financial-ombudsman.org.uk/consumer/complaints.htm#3

Dougle2001

Ok guys I've procrastinated on this.

I'm going to write to the bank, sending a copy of my letter and a copy of the recorded delivery and signature.

How should I go about the letter? As a complaint? Should I mention that I intend to get in contact with the FOS? Or am I better asking the bank what is going on?

[Deleted User]

Dougle2001 wrote: »

Should I mention that I intend to get in contact with the FOS?

Since it's a complaint about Bank charges (which FOS have no ability to force the Bank to pay), I'd just suggest that the Bank act a little less tardily in considering your complaint.

Can't you get in touch by telephone in the first instance? A letter is likely to take even more time..