Bank Charges Test Case Article discussion

natweststaffmember

mx2stroke wrote: »

OK, well, I have read it and although it does say how they must deal with hardship cases, ie not closing accounts,being sympathetic etc, I still cant see where it clearly says if hardship is covered by the waiver and if they have to deal with the claim straight away???

Its prob just me not understanding it correctly...

Lloyds told me that the waiver means that they dont have to do anything about claims ( whether its hardship or unfair) until the test case was over..

Did you read Annex 2?
Did you read part 15 under guidance ?

SOOBEE

natweststaffmember wrote: »

You can reclaim charges even if they have changed how much they charge you.
Time to start the process

Thank you for your advice.

mx2stroke

Yes,

15. When dealing with complainants in financial difficulty, the firm should consider the following steps in respect of the period during which they are assessed as being in financial difficulty:
(a) the firm might waive future unauthorised overdraft charges; and
(b) the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.

Annex 2 Dealing with complainants in financial difficulty
explains how they assess whether you are in financial difficulty and how the bank should help you with advice etc...

As I said, I cant find anywhere thats clearly states whether they have to process/look into hardship claims or wait for the test case to end first...

Nathan_Spleen

If you are claiming hardship status they are obliged to consider whether they agree and must give you a decision within 8 weeks. If they agree they will process your bank charges complaint but are under no obligation to refund you anything.

natweststaffmember

mx2stroke wrote: »

Yes,

15. When dealing with complainants in financial difficulty, the firm should consider the following steps in respect of the period during which they are assessed as being in financial difficulty:
(a) the firm might waive future unauthorised overdraft charges; and
(b) the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.

Annex 2 Dealing with complainants in financial difficulty
explains how they assess whether you are in financial difficulty and how the bank should help you with advice etc...

As I said, I cant find anywhere thats clearly states whether they have to process/look into hardship claims or wait for the test case to end first...

Point 15 tells you what the bank might do. It might waive future fees, they may not enforce debts either(they don't have to refund any money whatsoever).
Annex 2 is a guide to financial hardship so if you have that criteria you may be eligible for the bank to assess your case for hardship.

Junovo

joskin69 wrote: »

I do not want to nor do I feel I should have to keep an almost total vigilant eye on the ins and outs of my account.

I guess thats why customers incurr charges.!!

Junovo

I wanted to comment on the details below given on the main site. Dont get me wrong, I too think the bank charges are not proportionate.

Q. Will the test case also result in negative effects for consumers?
A. Some people think scrapping bank charges would mean an end to free banking in the UK, yet I don’t think we have free banking in the UK anyway.
Well I dont pay anything that I know of. isnt that "Free"

We have 'fees-free' banking for those in-credit; ask most people with overdrafts if their bank is free?
Why would anyone borrowing money get the service for free?

Ask yourself, is it fair that the poor members of society are paying for the rich to have free services?
Well I wouldnt call myself rich and struggle like everyone else yet have always made sure I have the money im going to spend.

natweststaffmember

Junovo wrote: »

I wanted to comment on the details below given on the main site. Dont get me wrong, I too think the bank charges are not proportionate.

Q. Will the test case also result in negative effects for consumers?
A. Some people think scrapping bank charges would mean an end to free banking in the UK, yet I don’t think we have free banking in the UK anyway.
Well I dont pay anything that I know of. isnt that "Free"
The OFT v. The Banks described the model of banking as "Free if in credit" ie those who get charges pay for those that don't.
We have 'fees-free' banking for those in-credit; ask most people with overdrafts if their bank is free?
Why would anyone borrowing money get the service for free?
I would expect to pay interest on any money borrowed and not an additional fee on top.
Ask yourself, is it fair that the poor members of society are paying for the rich to have free services?
Well I wouldnt call myself rich and struggle like everyone else yet have always made sure I have the money im going to spend.

Junovo, I know where you are coming from but here is the big thing. 1. The bank or companies it authorises, allows payments to go through an account WITH their permission.
2. The bank authorises an individual by virtue of giving them a cheque book with 25 cheques in the book to issues cheques in its name.
3. The bank gives individuals the facilities to set up standing orders and direct debits without prohibtion(apart from some accounts for kids though not all).
The issue is not about whether the bank have the right to charge but whether their terms and conditions with which they do so are FAIR. If the terms are proven(as the second part of the bank charges case may do, dependent on the first part) then any charges levied under that term are revoked, they never existed and a court will have to decide how far back the banks' will have to refund the customers.

laalaa41

Junovo wrote: »

I guess thats why customers incurr charges.!!

We have to now because we all have to have direct debits (just about) - they can go wrong (companies charging double or on the wrong date). These organisations are all rubbish at doing their job and have been for about 10 years at least. That's why people incur charges - not because they spend too much! You think you have a £100 in the bank but the power company can just decide to up your monthly payment without telling you (I know they're supposed to). I check every single day - just in case I have to dash to the bank to fix something. Oh and I need to have two banks now in case one screws up because they both have!

Junovo

laalaa41 wrote: »

You think you have a £100 in the bank but the power company can just decide to up your monthly payment without telling you (I know they're supposed to). I check every single day - just in case I have to dash to the bank to fix something. Oh and I need to have two banks now in case one screws up because they both have!

We place all our bills money into a seperate account. Anything over that is free to spend on other items. By doing this we know the money is available for the power company anytime during that month. Yes agree some companies can take twice in error and banks should understand and deal with those cases.

its was the comment "I do not want to nor do I feel I should have to keep an almost total vigilant eye on the ins and outs of my account" that amazed me.