claiming bank charges on joint a/c after separation

plastered6

I have a joint halifaxicon account with my ex which is still open but not used.
I have highlighted £100's of charges in my statements (mostly missed DDs), going back to 1996. Can I reclaim these without his consent? If awarded a claim I would lodge the cheque in this account, which is still open and not in arrears.


Also, we separated 2 years ago, have 4 kids , and £1,000s in debt in credit cards (paying an agreed £50 per month) , and unsecured loans (which are in my name). He contributes nothing to the upbringing of his kids, and I am left to pay the mortgage and insurance etc. do I state these reasons of "Financial hardship"on my claim letter, or just claim that I believe these charges were "disproportionate"?
please advise my course of action.

meer53

You can only claim hardship for recent charges, not historical ones. Maybe the last 6 months or so. Call Halifax to discuss it further with them.

plastered6

ok thanks meer33.
is it possible to claim these charges under any other circumstances? they are mostly missed DDs since 1996 and add up to over £700??
I would be most grateful for any advice.

meer53

plastered6 wrote: »

ok thanks meer33.
is it possible to claim these charges under any other circumstances? they are mostly missed DDs since 1996 and add up to over £700??
I would be most grateful for any advice.

Not really. The banks won the court case regarding "unfair charges" in 2009. If you are still in financial hardship then they might refund the most recent charges but you'll have to speak to them. They'll want to know your income and expenditure in detail. If you have any what they would call "non essential" spending, things like mobile contracts, sky or cable tv, etc then you may not be successful.

The only way to find out is to speak to them.

plastered6

so you believe its a lost cause unless the bank scrutinizes all my income and expenditure . is it worth the hassle?
has anyone else been through the same experience?

meer53

plastered6 wrote: »

so you believe its a lost cause unless the bank scrutinizes all my income and expenditure . is it worth the hassle?
has anyone else been through the same experience?

It's probably a lost cause as far as all the charges are concerned. They won't refund charges without scrutinizing your income/expenditure, they can see what you spend anyway, so you just need to be honest with them about your circumstances now. They aren't just going to refund you without looking at your account and how you operate it.

It won't really be hassle, just a phone call. Lots of people have claimed, some receive refunds, some don't. There's no simple answer to your question.

plastered6

will they investigate my new bank account, recently opened? or just the old joint account which is still open but not used?

meer53

Are both accounts with the same bank ? If they are then they'll look into both.

If not then you'll be claiming for charges from the old account i assume so they'll look at that one.

plastered6

no, I opened a new single account with a new bank. the old account was a joint with my ex partner and I could not close it without his consent. it is still open with a balance of £10. although the charges in question go back years.
you still think its worth the pursuit??

meer53

plastered6 wrote: »

no, I opened a new single account with a new bank. the old account was a joint with my ex partner and I could not close it without his consent. it is still open with a balance of £10. although the charges in question go back years.
you still think its worth the pursuit??

It's worth a phone call but don't hold your breath about getting all the charges back. You might get the last few months back at a push.