Overdraft charges Halifax Bank

I’m looking into my brothers finances who has been in debt for over 10 years. He has just had a court order for debt from a current account for £1500 that was sold to PRA. 

Looking at this group I requested the bank statements and a summary of charges. He had a £2000 overdraft but was earning £1400 in 2014 looking at the statements. 

I’ve added the charges up and they come to over £4k from 2013-2019 when account was closed. 

Looking at the info he complained about charges during this time. He was overdrawn every month for the 5 years. 

Does this sound like a good case to get a refund and can I get info further back than 2014 as this is not when the overdraft was given. 

Thanks

Comments

  • Mark_d
    Mark_d Posts: 2,373 Forumite
    1,000 Posts First Anniversary Name Dropper
    Being overdrawn every month for 5 years is terrible money management.  Overdrafts are intended to be for very short term borrowing - just a few days.
    I don't think it's unreasonable to give a £2k overdraft
  • dunstonh
    dunstonh Posts: 119,395 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Does this sound like a good case to get a refund and can I get info further back than 2014 as this is not when the overdraft was given. 
    No.  If he complained previously, then he has 6 months from the response to refer the case to the FOS.   Failure to do that, means he is timebarred from any future complaint on the same thing.

    He would be totally reliant on the goodwill of the bank to reopen it voluntarily.  if he is still a customer, there is the possibility they would.  If he is no longer a customer, that would be unlikely.
    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.
  • Nasqueron
    Nasqueron Posts: 10,560 Forumite
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    Historical complaints about unfair charges will simply be rejected with reference to the 2009 court case, plus he's time barred as above

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • This complaint is affordability. His previous was about PBA. They have issued a court order so this is what triggered this complaint. I’ve seen other comments where based on affordability the bank should have helped and done more? 
  • Nasqueron
    Nasqueron Posts: 10,560 Forumite
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    This complaint is affordability. His previous was about PBA. They have issued a court order so this is what triggered this complaint. I’ve seen other comments where based on affordability the bank should have helped and done more? 
    It's a historic complaint, your initial post is about the charges hence it would be rejected 

    Going back for a historic financial hardship case is a bit less clear cut but they still don't tend to do much with them, you certainly aren't likely to get £4k of charges refunded - hardship cases should be done when in financial hardship

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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