Confused Claiming Bank Charges Back

laurenwebster27

I complained to the Financial Ombudsman back in November, and they have only just come to the conclusion I can't claim any bank charges back on my account as they believe it wasn't mis-sold.
I got into financial difficulty a few times over the years which forced me into my overdraft, and I was looking to claim back the charges I incurred from them at this time. There was a lot of money charged (over £1000) of which I struggled to pay and it forced me into financial hardship.
They have come back to me after I spent a long time collecting evidence (going through 6 years worth of statements is hard work) to say that there isn't anything I can do?
I still believe I have been treated unfairly and should be getting some reimbursement. What can I do now as I am not happy with the outcome but have a right to contest it apparently? They guy who called me from the Ombudsman was useless and couldn't answer any questions for me either, so I'm concerned my complaint hasn't been take seriously and I am going to miss out on what is owed.
Any advice or help would be great.

Nearlyold

Are/were you trying to claim back packaged account charges or charges for not running your account correctly eg exceeding your overdraft bouncing DDs etc. (I ask as you refer to "wasn't mis-sold".)

If the latter then you need to be aware that the banks won the court case on "unfair" bank charges so the best you can hope for is a goodwill gesture from your bank and then usually only if you are still in genuine financial hardship. You are not going to get 6 years of charges back unless they were incorrectly levied.
If its a packaged account refund you are trying to claim then you can appeal the FOS decision to an Ombudsman -that's assuming you have only had a decision from an adjudicator thus far.

dunstonh

I complained to the Financial Ombudsman back in November, and they have only just come to the conclusion I can't claim any bank charges back on my account as they believe it wasn't mis-sold.

Not an unexpected outcome. The success rate is currently running at just 13%.

I got into financial difficulty a few times over the years which forced me into my overdraft, and I was looking to claim back the charges I incurred from them at this time.

This confuses things. Your start by talking about packaged bank accounts (or that is the interpretation). However, you are now talking about financial hardship. Which is it?

here was a lot of money charged (over £1000) of which I struggled to pay and it forced me into financial hardship.

Charges may be a part but so is everything else you spend your money on. Hardship does not give you an automatic right for a refund.

hey have come back to me after I spent a long time collecting evidence (going through 6 years worth of statements is hard work) to say that there isn't anything I can do?

You largely wasted your time there.
1 - Financial hardship criteria is CURRENT financial hardship. Not historic.
2 - Refunding of charges is one of several options open to the bank. Refunds, when they do happen, tend to be for charges over the last 6-12 months. Some extreme cases go back further but the bank decides from its records. Not yours.

I still believe I have been treated unfairly and should be getting some reimbursement.

You havent said why you think its unfair. Of course, the banks won the unfair bank charges court case in 2009. Unfair bank charges are no longer considered since that point. So, you need something different to unfair.

What can I do now as I am not happy with the outcome but have a right to contest it apparently? They guy who called me from the Ombudsman was useless and couldn't answer any questions for me either, so I'm concerned my complaint hasn't been take seriously and I am going to miss out on what is owed.

you are not owed anything. So, you are not going to miss out on it.

Perhaps it would help if you explained what charges you are referring to (packaged, overdraft use, bounced items charges etc) and why you think you should have these refunded.

You can appeal an adjudicator decision but the ombudsman only overrule in about 11% of cases and that is typically on more advanced cases. Not simple cases like bank charges. That 11% also includes appeals made by banks and other firms to change the ruling in their favour.

[Deleted User]

laurenwebster27 wrote: »

I complained to the Financial Ombudsman back in November, and they have only just come to the conclusion I can't claim any bank charges back on my account as they believe it wasn't mis-sold.

You'll probably never come back, but if you do, you need to clarify exactly what it is you complained to the Ombudsman about.

Bank charges can't be mis-sold, although packaged bank accounts can be,

Bank charges can't be unfair unless incorrectly applied.

It's doubtful the Ombudsman would rule in the Bank's favour if you actually had a case...