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Referring to the Financial Ombudsman Outside 6 Months!?

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Referring to the Financial Ombudsman Outside 6 Months!?

edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
5 replies 901 views
DogFaceDogFace Forumite
38 posts
10 Posts Name Dropper
edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
Good afternoon everyone!

I initially tried to reclaim my bank charges in October 2017 and received a rejection letter. I know it said I had 6 months to refer it to the ombudsman but I misunderstood this to mean I had 6 months to refer that rejection. I didn’t realise that, by not referring it, I was essentially confirming/agreeing that those charges were just and I was happy with their rejection.

I was unable to refer it within those 6 months because (as you can probably tell) I didn’t really know what I was doing. That paired with my depression/anxiety being at it’s worst due to being unemployed at the time (and later due to a new stressful job).

I have recently done what I always intended to: request the charges again during a time when I’m more capable of following through on it. They rejected again and I referred to the financial ombudsman who is telling me that HSBC are not giving them permission to look at any charges incurred before October 2017. Does anyone have any experience of this or able to offer any advice?

The bulk of my charges are pre-October 2017 so I really want them considered and feel that this is unfair. They did say that I could appeal that but that it was unlikely to change without a very good reason. Do you think the reasons I stated would be counted as “very good”?

Thanks in advance for any help anyone can offer!

Replies

  • dunstonhdunstonh Forumite
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    They rejected again and I referred to the financial ombudsman who is telling me that HSBC are not giving them permission to look at any charges incurred before October 2017. Does anyone have any experience of this or able to offer any advice?

    The FOS rarely overrule the 6 month limit. The only times they are known to have done it are incapacity (not just for the 6 months after but the whole period to referring it to the FOS) or death of a direct family member.
    The bulk of my charges are pre-October 2017 so I really want them considered and feel that this is unfair.

    The FOS stopped taking complaints about unfair charges back in 2009 after the banks won the court case.
    Do you think the reasons I stated would be counted as “very good”?

    No. Not even close.

    The wording on how to refer to the FOS and the deadlines are set by the regulator and FOS. They are set in plain English and leave no doubts.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • BermoniaBermonia Forumite
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    As Dunst has suggested there is no point wasting any further time or energy on this - insufficient grounds for a time bar to be overturned... even if overturned the courts ruled in 2009 that charges could not be assessed for their level or fairness.
  • DogFaceDogFace Forumite
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    Why is there a whole page on moneysavingexpert.com about how to reclaim them and how to take it to the financial ombudsman if necessary? Have I severely misunderstood something here?

    One of my other banks did refund the charges. Is it now just at their discretion and if they say no it’s impossible to appeal that?
  • [Deleted User][Deleted User]
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    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
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    DogFace wrote: »
    Why is there a whole page on moneysavingexpert.com about how to reclaim them and how to take it to the financial ombudsman if necessary?
    That article very carefully explains how only people in current Financial Hardship can (possibly) receive a refund of (some) charges. It also warns that you cannot refer any complaint to the Ombudsman more than six months after it has been rejected.

    Nothing to stop you contacting the Ombudsman citing your mental health issues, but no one here can determine whether these might sway them...
  • dunstonhdunstonh Forumite
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    Why is there a whole page on moneysavingexpert.com about how to reclaim them and how to take it to the financial ombudsman if necessary? Have I severely misunderstood something here?

    The article is largely unchanged from when before 2009 people were reclaiming charges. After 2009, MSE made a couple of edits to focus on the only areas you can do it and that is CURRENT financial hardship with your current bankers. And where the charge is not relative to the amount over limit. e.g. being charged £35 if you went £1 over. However, the banks changed their tariffs back then to prevent things like that. The rest was kept as a historical record.

    The FOS website also says they wont consider template complaints on unfair charges either. Again, they will look at current financial hardship cases.
    https://www.financial-ombudsman.org.uk/faq/bank-charges.html
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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