Sympathetic treatment / overdraft

glasgowm148

So I've been a student since 2016, been paying £30-60 a month in fees. Probably totally around £2k or so since I've been a student. I should've switched to a student account and I would've paid no fee's and be a lot better off.

Obviously by itself is not unfair treatment, however I was diagnosed with ADHD in April which causes a whole host of problems in this particular area. (Motivation, executive function, don't have the concentration for phone calls) this coupled with the fact that they won't discuss anything over email, shutting all my local branches so I need to go into town to speak to them - Has lead me to paying 2 years worth of fee's I shouldn't have had to. The one time I did make it into branch, about half an hour in turns out they can't switch it since it's a Halifax account and they're Bank of Scotland (their parent company)

I wrote to the bank, they said there was no bank error so they can't refund anything. They did refund me £100 but it's a fraction of what I've paid.

I'm with Monzo now which is 100x better for ADHD. (inapp live-chat ftw), so just looking to get this account settled so I don't have to deal with Halifax again.

I've opened a request with the ombudsman, what are my chances? The fee's were directly related to my undiagnosed condition so I think it's a bit unfair to keep the money for my f*ck up, but I understand the law has a long way to go to catch up with mental health. If the ombudsman side with the bank is there anywhere else I can go from there? If not, is there anyway I can stop the fee's? I don't need the account so just default on it or something and then set up a payment plan?

[Deleted User]

Don!!!8217;t default on the account.

I don!!!8217;t think the ombudsman will do much.

Have you tried using resolver to submit a complaint/claim?

glasgowm148

I'm not sure what you mean, I submitted a complaint online because their communication methods aren't accessible and in regards to the overdraft and they said because there was no bank error they could only refund £100

JuicyJesus

I don't think they're really to blame for you spending money that you don't have. They're also never going to write off the debt you ran up as a result of this. Refunding £100 (or as it sounds more like, giving you £100 as a goodwill gesture) is generous given nothing you've said implies they've done anything particularly wrong.

They might not have email or live chat, but you can always send them a letter if you don't like phone calls - banks do quite regularly deal with people who don't want to talk to them on the phone. The effect of what you're saying is also that because you have a mental health problem (which they weren't even aware of, and from what you were saying was only diagnosed three months ago) they should have been more stringent about offering you lending facilities and monitoring the use of your account. I'd really seriously consider the implications of what you're saying there for people with mental health issues and their access to financial services.

In general though, banks are only required to really pay attention to if you are obviously showing signs of mental difficulty or illness that are so strong that a reasonable person couldn't avoid noticing that there was something very wrong with you (which additionally only applies for face-to-face or telephone sales) or actively tell them you have issues with the same, at which point they can make reasonable adjustments. Neither of these appear to apply here.

They are also required to treat financial difficulty sympathetically, which can include but (as you have found out) does not have to involve refunding charges - it will almost always involve you repaying the debt in full, although charges might be waived for a certain period of time to give you breathing space (again, don't have to be, but they have to at least be sympathetic). FOS has generally upheld this principle. However, you've not mentioned actually being in any financial difficulty as such, you just don't want to pay the fees you've incurred. So this doesn't apply either.

To answer your direct questions:

I've opened a request with the ombudsman, what are my chances? The fee's were directly related to my undiagnosed condition so I think it's a bit unfair to keep the money for my f*ck up, but I understand the law has a long way to go to catch up with mental health.

Doubtful. FOS will expect them to deal sympathetically with you but writing off the debt or a large portion of the charges incurred over the past two years based on a diagnosis you got three months ago is not reasonable. It's not so much that the law hasn't caught up, it's that they genuinely haven't done much wrong. They will possibly make a slightly improved offer, maybe an extra £100 or so. It will not be quick.

If the ombudsman side with the bank is there anywhere else I can go from there?

You can take them to court. Courts are less consumer-friendly than FOS and cost money.

If not, is there anyway I can stop the fee's? I don't need the account so just default on it or something and then set up a payment plan?

If you want to completely screw your credit rating then sure. But see what I said about financial difficulty - if you actually have disposable income sufficient that you could be paying the debt down and you just stop paying because you object to the fees then you aren't going to get all that sympathetic an ear.

eskbanker

Just to avoid people wasting time making suggestions that have already been tried, it's perhaps worth linking a couple of past threads on this:

https://forums.moneysavingexpert.com/discussion/5619061/halifax-bank-of-scotland-thousands-in-bank-charges
https://forums.moneysavingexpert.com/discussion/5831823/recent-adhd-diagnosis-any-support

As discussed in those, challenging the bank's conduct as unfair won't get anywhere either with them or FOS, but if you approach them highlighting genuine financial hardship then they may be prepared to freeze (but not waive) overdraft fees.

Ultimately you need to find a way of paying off the overdraft though - defaulting is very much a last resort given the lasting effect it would have on your credit status....

glasgowm148

JuicyJesus wrote: »

I don't think they're really to blame for you spending money that you don't have. They're also never going to write off the debt you ran up as a result of this. Refunding £100 (or as it sounds more like, giving you £100 as a goodwill gesture) is generous given nothing you've said implies they've done anything particularly wrong.

I mean they might not have email or live chat, but you can always send them a letter if you don't like phone calls.

Huh? It's nothing to do with the actual money spent. The fee's wouldn't have happened if I had switched the account. Sending a letter or going into branch isn't any easier with executive function issues.

JuicyJesus wrote: »

And the effect of what you're saying is that because you have a mental health problem (which they weren't even aware of) they should have been more stringent about offering you lending facilities and monitoring the use of your account. I'd really consider the implications of what you're saying there for people with mental health issues.

I wasn't aware of it either, and no - not what I'm saying. I'm saying given that I had a legitimate medical reason which prevented me from switching the account myself they should back-date and refund the fee's that I should've been excluded from now that I'm aware and have made them aware of it.

glasgowm148

eskbanker wrote: »

Just to avoid people wasting time making suggestions that have already been tried, it's perhaps worth linking a couple of past threads on this:

https://forums.moneysavingexpert.com/discussion/5619061/halifax-bank-of-scotland-thousands-in-bank-charges
https://forums.moneysavingexpert.com/discussion/5831823/recent-adhd-diagnosis-any-support

As discussed in those, challenging the bank's conduct as unfair won't get anywhere either with them or FOS, but if you approach them highlighting genuine financial hardship then they may be prepared to freeze (but not waive) overdraft fees.

Ultimately you need to find a way of paying off the overdraft though - defaulting is very much a last resort given the lasting effect it would have on your credit status....

What about this?

https://www.telegraph.co.uk/business/2016/02/23/banks-ordered-to-treat-vulnerable-customers-with-empathy/

That first thread is pre-diagnosis so not sure the relevance.

JuicyJesus

glasgowm148 wrote: »

Huh? It's nothing to do with the actual money spent. The fee's wouldn't have happened if I had switched the account. Sending a letter or going into branch isn't any easier with executive function issues.

The fact remains you didn't switch the account though, because of something they weren't aware of and you weren't aware of either. They're not going to consider that unfair in any way and it's doubtful FOS will either.

wasn't aware of it either, and no - not what I'm saying. I'm saying given that I had a legitimate medical reason which prevented me from switching the account myself they should back-date and refund the fee's that I should've been excluded from now that I'm aware and have made them aware of it.

I'm sorry but this argument doesn't make any sense - you weren't prevented from switching the account yourself by your mental health issues. You had opportunities to do so and didn't take them. Even if you have to go into town to do so. There was also no guarantee that you would actually have got a student account.

I don't think this is going to get you much more than maybe another £100 in goodwill gesture from Halifax. Sorry.

glasgowm148 wrote: »

What about this?

https://www.telegraph.co.uk/business/2016/02/23/banks-ordered-to-treat-vulnerable-customers-with-empathy/

Empathy doesn't mean not charging them money for borrowing because they didn't apply for a student account.

bluffer

glasgowm148 wrote: »

Huh? It's nothing to do with the actual money spent. The fee's wouldn't have happened if I had switched the account. Sending a letter or going into branch isn't any easier with executive function issues.

you seem to cope just fine with a message board so how is a letter so different?

glasgowm148 wrote: »

I wasn't aware of it either, and no - not what I'm saying. I'm saying given that I had a legitimate medical reason which prevented me from switching the account myself they should back-date and refund the fee's that I should've been excluded from now that I'm aware and have made them aware of it.

so the banks should be mind readers or medical doctors and do check ups before lending money or letting people open accts??


It might sound harsh, but you took out the overdraft, you agreed to the T & Cs, you spent the money. accept it wasnt a wise thing to do and make an arrangement to pay it back. If you hadnt used the o/d you wouldnt of had fees. Why should the bank bail you out of something even you werent aware of? Just how is it unfair from the bank if you didnt know?

[Deleted User]

Some people just have zero self accountability. Banks aren't perfect but sometimes you just have to look in the mirror and accept YOU could have done something but CHOSE not to.

glasgowm148

camelot1971 wrote: »

Some people just have zero self accountability. Banks aren't perfect but sometimes you just have to look in the mirror and accept YOU could have done something but CHOSE not to.

yeah you clearly dont understand ADHD