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  • FIRST POST
    Former MSE Alana
    Report Bank Charges successes and failures
    • #1
    • 8th Dec 09, 10:33 PM
    Report Bank Charges successes and failures 8th Dec 09 at 10:33 PM

    Please report your Bank Charges Reclaiming Successes/failures
    since the Supreme Court decision in Nov 2009 here

    REMEMEBER BY DOING THIS YOU ENCOURAGE OTHERS WHO MAY BE TOO SCARED TO RECLAIM

    How to report your success/failure:

    1. Click reply to enter you story.



    2. Report your story in the following format:
    • Bank name:
    • Amount Reclaimed:
    • Amount they paid:
    • The story: (Just a few sentences, please include how far you went did you a. just write a letter, b. threaten to go to court or c. actually go to court)
    ***** Want to tell your story in a newspaper/on TV? *****




    Hi all. If you've had a refund we need your help

    Bank Charges is often in the news and we are frequently asked if we have any MoneySavers that are willing to tell their stories to the press.

    If you'd like to help spread the news and encourage others, please e-mail casestudy@moneysavingexpert.com (sorry but we can't answer questions at this email address) with as much of the following info as you can:

    * how much was your claim for
    * how much did you get back
    * who is your bank
    * a daytime phone number - we often need to reach people at very short notice
    * whether you are happy to appear in the papers,tv or both
    * where you live


    NOTE IF YOU HAVE ANY QUESTIONS
    ABOUT RECLAIMING BANK CHARGES
    PLEASE FIRST READ THE GUIDE:
    Bank Charges Reclaiming
    Last edited by MSE Archna; 10-06-2010 at 4:35 PM.
Page 77
    • dunstonh
    • By dunstonh 20th Nov 17, 2:00 PM
    • 92,955 Posts
    • 60,333 Thanks
    dunstonh
    Can i send both bank charges and package claim in one letter?
    yes.

    The charges total £1031 and I ask that you repay me the full amount.

    Plus as I believe I have been unfairly deprived of the money I have calculated £321 interest at the statutory rate, the amount a court would award and I ask that this be added to my claim to give a total of £1383
    You want the complaints handler at the bank to be on your side. Making a demand like that is confrontational and you have no right to that interest. Refund of bank charges does not have the court statutory rate applied to it. A refund of charges is a goodwill gesture by the bank. Don't go blowing that goodwill with such a sentence.

    Plus, you have mentioned the "unfair" word. Under no circumstances should you ever mention the word "unfair". The banks won the unfair charges case in 2009. Anyone trying that route nowadays gets an automatic rejection informing them of the supreme court decision.

    I have attached a full schedule of the charges with this document.
    They dont need you to tell them what they charged. They know exactly what they charged.

    I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.
    Remove that. Again, you kissing goodbye to any goodwill and you are also making a false threat.
    1) you cant use the courts for reclaiming bank charges like that.
    2) you dont get access to the FOS until at least 8 weeks have passed. Plus, the FOS do not rule on bank charges any more. They just check the bank have treated you fairly in coming to their decision.

    I believe the fact that I have been incurring bank charges goes contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 !!!8216;in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty!!!8217;). My personal situation has been affected by the charges leaving me in financial hardship and I am writing to request that you take the following grounds into consideration:
    More goodwill lost by you being confrontational and again, you are misquoting guidelines. If you start quoting guidelines (and getting them wrong) you will get a legalistic response back.

    -We have been charged penalties because bill payment has been taken earlier (due to bank holiday/weekends)
    Bill payments are never taken early due to bank holidays/weekends.

    You are asking the bank for a goodwill gesture. You are totally reliant on their goodwill. Busting down their door and threatening them like you have is not going to get that complaints handler on your side. You need to paint a picture of hardship. Hardship needs to mean hardship by the way. You say you struggle to pay bills. So, make them aware of the actual arrears you are in. Include a budget analysis (ins and outs). Banks often request you do one of these anyway. Get the complaints handler on your side.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Moneyineptitude
    • By Moneyineptitude 20th Nov 17, 2:04 PM
    • 20,362 Posts
    • 11,268 Thanks
    Moneyineptitude
    Can i send both bank charges and package claim in one letter?
    Originally posted by domski998
    Your letter is littered with errors which will deny you any refund I'm afraid. First, you should make no reference to the charges being "unfair", the banks won their court case about unfair charges. Secondly, you should not have calculated any interest, since this won't be repaid. Thirdly, you are requesting a set amount of charges be refunded. This isn't necessary and you are unlikely to receive the full amount in any case. Fourthly, there is no point threatening the Bank with the Ombudsman since the FOS cannot deal with such complaints. Fifthly, the Bank are allowed eight weeks to respond to complaints, so it is futile giving them a deadline of only two weeks.

    To be honest, your letter appears to have been constructed based on an out-of-date template.

    Bank charges are only refunded to those who can show they are currently in the Bank's definition of Financial Hardship. This means you are struggling to pay essential bills and that you are not simply wasting your money on things like a Sky subscription, mobile phone contracts and general consumer spending. The Bank will look at your statements to ascertain this and your spending patterns. If they deem you are in Financial Hardship they may choose to refund (some) charges; typically those from the last six months. They could choose instead to suspend future charges for a period or they might ask you to enter a debt management programme.

    Don't under any circumstances send the letter you have posted here in it's current form..

    As to your current account complaint, you need to send that separately, not mix up the two.
    • domski998
    • By domski998 20th Nov 17, 9:15 PM
    • 2 Posts
    • 1 Thanks
    domski998
    Thank you guys for your time and answers,i`ll read all comments and try to do it as it shouldbe.
    • Moneyineptitude
    • By Moneyineptitude 20th Nov 17, 11:13 PM
    • 20,362 Posts
    • 11,268 Thanks
    Moneyineptitude
    i`ll read all comments and try to do it as it shouldbe.
    Originally posted by domski998
    Remember that there is no "should be" about it, you are either in Financial Hardship or you aren't.

    If you don't fulfil the Bank's Hardship criteria you won't receive a refund of bank charges regardless of whether you have a well-written complaint letter.

    Be honest, are you actually in Financial Hardship?
    • NinaMccreesh
    • By NinaMccreesh 2nd Dec 17, 11:27 AM
    • 1 Posts
    • 1 Thanks
    NinaMccreesh
    HSBC
    £1179.69
    £877.56
    Used the template and wrote a letter. Included my annual charges summaries going back 6 years posted it recorded delivery on 19th November received £877.56 on 25th November!! I stayed in my letter I wasn’t asking for interest on top of the account charges but had included it in the total (doh) and that I am in a better financial position and that I understand going forward that I accept charges I may incur as they are now £5 per day capped at £80 a month not £50 per transactio or being charged £130+ in a month and not being able to claw out of that monthly cycle. Have to say I was so shocked, pleased and surprised!!
    • incesticde
    • By incesticde 12th Dec 17, 2:04 PM
    • 443 Posts
    • 251 Thanks
    incesticde
    I!!!8217;m a little confused....

    In martins template it says

    You are / were stuck in a cycle of charges you cannot break out off. If you!!!8217;ve had charges on charges, and were stuck in a trap of not being able to clear them before new daily or monthly fees are added on top.

    Now this to me means that if you were in financial hardship you can claim but people on here are saying FH only applies if you are currently in FH

    What gives?

    (I had a shedload of charges 2000-2009 which contributed to missed payments etc. the guide seems to suggest I could have a chance but this forum seems emphatic I wouldn!!!8217;t)

    Thanks in advance for any and all help
    "I don't want to sound cold and un-caring, but I am those things so that's the way it comes out" - Bill Hicks
    • dunstonh
    • By dunstonh 12th Dec 17, 2:39 PM
    • 92,955 Posts
    • 60,333 Thanks
    dunstonh
    In martins template it says
    Remember that the template is largely out-of-date and originates from the days when bank charge reclaiming was common. This is not a complaint you are making. It is a plea for a goodwill payment to help you out of current financial difficulty. You want the person at the bank to be on your side. Using a template that they have seen many times before doesnt give them any personalisation to your issues. By all means, use the template as a starting point but make sure it is about you. Don't include generic reasons that do not apply.

    Now this to me means that if you were in financial hardship you can claim but people on here are saying FH only applies if you are currently in FH
    It is current financial hardship. The reason for that is that it is a goodwill gesture. The banks do not actually have to refund a penny. They have other options available to them. Such as suspending future charges for a period or putting in place a debt management plan. If you are not in current financial hardship, those things do not apply. If you are not in current financial hardship, they don't need to offer any goodwill payment to get you out of financial trouble.

    (I had a shedload of charges 2000-2009 which contributed to missed payments etc. the guide seems to suggest I could have a chance but this forum seems emphatic I wouldn!!!8217;t)
    You would not expect any success with that. The FOS state on their website: A bank should respond helpfully and fairly where a consumer is in genuine financial difficulty, but that will not necessarily involve refunds of charges. See it says "is in". Not has been in.

    Here is an example from the FOS:

    83/01
    consumer asks bank to treat her complaint about charges as a priority, because of her financial difficulties
    Ms M complained to her bank about 'unpaid item' charges she had incurred on her current account over the previous six years. She asked the bank to give her case priority because she was experiencing financial hardship.

    The bank did not agree with Ms M that she was experiencing any financial hardship, so she referred the case to us.

    complaint not upheld
    We asked Ms M for information about her financial difficulties. She was unwilling to disclose many personal details. However, she told us that her son, who was in his early 20s, had a number of debts. She planned to help him repay some of them with the money she was expecting from the refund of her bank charges.

    The records of Ms M's current account showed that she had been through a period of financial difficulty several years earlier. At that time the bank had refunded some charges on her account, as well as helping her to re-schedule various direct debits so that it was easier for her to budget for them. We saw no evidence to suggest she had experienced any financial difficulties since then.

    We said that, in the circumstances, the bank had no need to consider her case as a priority or to provide her with the type of additional assistance that might be appropriate in cases of financial hardship.
    Last edited by dunstonh; 12-12-2017 at 2:43 PM.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • mand
    • By mand 22nd Dec 17, 1:28 PM
    • 36 Posts
    • 88 Thanks
    mand
    A nice £1500 from Barclaycard, after I phoned up to cancel the PPI which has been on my account since 2001 and they suggested I might want to file a complaint. Thanks to all on these forums for guiding me through the process :-)
    Wow, I've now got my first Star
    • dunstonh
    • By dunstonh 22nd Dec 17, 11:13 PM
    • 92,955 Posts
    • 60,333 Thanks
    dunstonh
    A nice £1500 from Barclaycard, after I phoned up to cancel the PPI which has been on my account since 2001 and they suggested I might want to file a complaint. Thanks to all on these forums for guiding me through the process :-)
    Originally posted by mand
    Barclaycard is not a bank account and PPI is not bank charges.

    However, well done on your success.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • MummyQueenJules
    • By MummyQueenJules 30th Dec 17, 9:03 AM
    • 1 Posts
    • 0 Thanks
    MummyQueenJules
    SUCCESS - very fast - using MSE recommended "Resolver".

    Lloyds - amount reclaimed £17 per month for 14 years - repaid just over £3,100 (full amount plus interest).

    I saw the post on Money Saving Expert, clicked the link to Resolver.co.uk, completed the letter (five minutes investment of time - I didn't have the details of when I opened the account, so said "over ten years ago"). I said I'd been told I needed the packaged Platinum account in order to get the same overdraft I had at the bank I was tranfering from.

    I did this on Christmas Eve.

    I was contacted by the bank and spoke to the case manager yesterday and we talked about what had happened. The lady was lovely. I had used the car breakdown insurance as a passenger on three occasions over the 14 years, other than that, I don't have a car so hadn't used the car insurance, I hadn't travelled so hadn't needed the travel insurance. She said the decision would be made and any refund would be paid before a letter was issued as this is quicker. She said if the complaint was upheld, Lloyds would transfer my overdraft to a free account, so I wouldn't lose it.

    Low and behold, I checked this morning and have been credited with just over £3,100.

    All within FIVE DAYS. I really could not be happier and this could not have come at a better time.

    Thank you SO much, MSE and Resolver - and Lloyds. So easy and so fast. I think the banks are fully on the consumer's side and in my experience were more than helpful. I would strongly encourage anyone with a packaged account to put forward a claim if they think they haven't benefited from the add-ons.

    Happy New Year everyone

    Jules
    • dunstonh
    • By dunstonh 30th Dec 17, 11:15 AM
    • 92,955 Posts
    • 60,333 Thanks
    dunstonh
    SUCCESS - very fast - using MSE recommended "Resolver".
    <snip>
    Well done. However, this thread is not on the subject of packaged bank accounts.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Moneyineptitude
    • By Moneyineptitude 30th Dec 17, 11:43 AM
    • 20,362 Posts
    • 11,268 Thanks
    Moneyineptitude
    I think the banks are fully on the consumer's side
    Originally posted by MummyQueenJules
    Hardly

    The Banks have just given up trying to fight a losing battle. Valid complaints (of which there are many) are upheld without fuss or ceremony.
    • badday65
    • By badday65 4th Jan 18, 1:24 PM
    • 2 Posts
    • 0 Thanks
    badday65
    Barclays PPI success with Resolver
    Bank name: Barclays
    Amount Reclaimed: Wasnt sure
    Amount they paid: £3400


    I have had several loans over the last 20 years to purchase cars. I saw the Resolver story and thought I would give it a whirl, nothing ventured and all that! Lunchtime at work I filled out the forms on the page and sent it away.
    3 weeks later, sat watching tv on a Saturday morning I got a text to say £3400 had been paid into my account. Very happy, the paper worked follow. The premium had been around £500 and the rest made up of interest and charges.


    Just submitteed again for for my Barclaycard, so fingers crossed for a similar result.
    • dunstonh
    • By dunstonh 4th Jan 18, 2:27 PM
    • 92,955 Posts
    • 60,333 Thanks
    dunstonh
    Bank name: Barclays
    Amount Reclaimed: Wasnt sure
    Amount they paid: £3400


    I have had several loans over the last 20 years to purchase cars. I saw the Resolver story and thought I would give it a whirl, nothing ventured and all that! Lunchtime at work I filled out the forms on the page and sent it away.
    3 weeks later, sat watching tv on a Saturday morning I got a text to say £3400 had been paid into my account. Very happy, the paper worked follow. The premium had been around £500 and the rest made up of interest and charges.

    Just submitteed again for for my Barclaycard, so fingers crossed for a similar result.
    Originally posted by badday65
    I think you have posted on the wrong thread as you mention "premium" Bank charges are not premiums. Can you clarify as you may have got peoples hopes up. Whereas it seems you misposted.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • -taff
    • By -taff 4th Jan 18, 2:35 PM
    • 7,420 Posts
    • 5,493 Thanks
    -taff
    I have had several loans over the last 20 years to purchase cars. .... The premium had been around £500 and the rest made up of interest and charges.
    Originally posted by badday65
    Congrats but you're talking about loan PPI not refund of bank charges [which this thread is about]
    • badday65
    • By badday65 11th Jan 18, 2:49 PM
    • 2 Posts
    • 0 Thanks
    badday65
    Yes, sorry wrong thead. I must read the title
    • Debfriend
    • By Debfriend 12th Feb 18, 8:54 PM
    • 1 Posts
    • 0 Thanks
    Debfriend
    bingo
    kept on and on to hubby about his Package Bank Account (PBA) with Lloyds for 10 years.
    Well he finally went into branch and got the phone number, after a 90 minute call to a freephone number, explaining why he wanted the account looked at and all the relevant charges. A week later got back almost 1000 gbp yes £1000 paid into the new account. that was with the generous
    interest ontop of the charges that were wrongly applied to the Gold Account. Thank you Martin Lewis you deserve a Knighthood. cheers xxx
    • Moneyineptitude
    • By Moneyineptitude 12th Feb 18, 8:57 PM
    • 20,362 Posts
    • 11,268 Thanks
    Moneyineptitude
    kept on and on to hubby about his Package Bank Account
    Originally posted by Debfriend
    Well done. However, this thread is not on the subject of packaged bank accounts.
    • Shoegrrl
    • By Shoegrrl 13th Feb 18, 8:52 AM
    • 2 Posts
    • 0 Thanks
    Shoegrrl
    Hi

    I have tried to reclaim charges from Smile (part of the Cooperative Bank) but they replied saying any charges incurred before 12 Jan 2012 are outside of the six year limitation period set by the Limitation Act and therefore statute barred and will not be refunded. Is thos correct and the end of my claim?

    Thanks
    • dunstonh
    • By dunstonh 13th Feb 18, 11:31 AM
    • 92,955 Posts
    • 60,333 Thanks
    dunstonh
    Hi

    I have tried to reclaim charges from Smile (part of the Cooperative Bank) but they replied saying any charges incurred before 12 Jan 2012 are outside of the six year limitation period set by the Limitation Act and therefore statute barred and will not be refunded. Is thos correct and the end of my claim?

    Thanks
    Originally posted by Shoegrrl
    That response doesnt seem correct with overdraft charges (the subject of this thread). As overdraft charge refunds are a goodwill gesture, there is no limitation.

    What were you trying to reclaim and why?
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. 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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