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    • Nasqueron
    • By Nasqueron 23rd Jan 19, 11:55 AM
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    Nasqueron
    You need to ask the bank to look at the CURRENT financial hardship he is in but do remember they have no obligation to refund anything, a goodwill gesture of a few months is possible but by no means mandatory. If his spending indicates he is not in hardship but rather has caused his own hardship through spending habits then they probably won't do anything
    • Bermonia
    • By Bermonia 23rd Jan 19, 3:33 PM
    • 701 Posts
    • 543 Thanks
    Bermonia
    Whilst banks are required to consider hardship cases sympathetically, they are also usually only required to evidence that they have made some sort of attempt at stoping the cycle of charges - perhaps refunding fees one month and cancelling fees due the next.

    I certainly wouldn’t expect a full refunds of fees AND stat interest!

    As suggested by others, if there is unnecessary or frivolous spending in his history it is a problem of his own making and one which the banks and FOS would not likely look on favourably.

    Best advise would be to make your complaint but expect nothing in return, put the issues of past behind him and help him manage his finances moving forwards.
    • gecko08
    • By gecko08 24th Jan 19, 8:57 AM
    • 3 Posts
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    gecko08
    Thank you for your reply

    You didnt need to do that. It is not a step required.
    Originally posted by dunstonh
    I followed the steps outlined in the MSE article, I have been using pre- 2009 tactics it seems.

    The bank look at the spending habits of the person as well as any arrears/defaults and high priority debts. If the spending habits indicate consumer items or expensive shops then they are more likely to reject.
    Originally posted by dunstonh
    My friend has not got any of these spending habits i.e Sky, Netflix etc he does not live that kind of life, he has had a few holidays but he will literally go on holiday with little money and take a tent as he is unable to plan effectively.


    The documents uploaded by you indicate you mentioned health and gave a general summary of his finances. However, you did become quite aggressive in your demands. You are asking the bank for a goodwill gesture. Yet you demand statutory interest is added despite no wrongdoing. When you are trying to appeal to someone for a goodwill gesture, you should avoid making demands and false allegations as you risk winding the person at the other end up. You want that person on your side and you want them to picture the issues.
    Originally posted by dunstonh
    Hmm I get the issue, I did not realise this, again I am using pre 2009 tactics it seems.


    You also made the error of referring to the charges being unfair. The minute you do that you normally expect a rejection as they are not considered to be unfair.
    Originally posted by dunstonh
    I clearly have made a few detrimental mistakes, I am wishing I came here first for advice.


    You didnt upload the whole of the rejection letter. So, we dont have the benefit of the full reasons for rejection.
    Originally posted by dunstonh
    I can assure you that is all of the letter I received, they did not even give any reasons.


    Thanks again for your pointers, is there anything I could or should do now given this current situation or your opinion going forward?


    Many thanks
    Last edited by gecko08; 24-01-2019 at 9:05 AM.
    • Moneyineptitude
    • By Moneyineptitude 24th Jan 19, 10:34 AM
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    Moneyineptitude
    is there anything I could or should do now given this current situation or your opinion going forward?
    Originally posted by gecko08
    I'm afraid there is no "going forward" from this.
    On two occasions, you've failed to convince that your associate is in the (bank's definition of) financial hardship. You've also referred to the charges that you wanted refunding as "unfair", when a long, drawn-out court case (a decade ago) ruled that they are not unfair.

    The MSE template is a poorly amended version of the one which existed prior to the court case. Why it still suggests you should make a comprehensive list of charges (which the bank will already be fully aware of) is a mystery. However, it does make plain that only those in true financial hardship have any chance at all of a refund of (some) charges.

    If you follow up this rejection (again) , you will need to show that your friend struggles to pay essential bills and/or that he is caught in a cycle of charges in which paying charges one month causes him to pay still more the next.

    You say he can afford to go on holiday, that's a definite pointer that he is not in financial hardship.

    You need to understand that there is absolutely no chance at all that the Bank will refund £5K (including interest!) in charges. Even if they deemed your friend to actually be in financial hardship, they have a range of remedies available to them including debt management and freezing interest for a period as well as the option of refunding (some recent) charges.

    It looks like my next step is the Ombudsman
    Originally posted by gecko08
    The Ombudsman will only rule whether financial hardship was treated sympathetically. You won't be awarded £5K I promise you.

    Read this thread (just a few pages) and you will see just how futile your endeavours are likely to be.
    • dunstonh
    • By dunstonh 24th Jan 19, 11:20 AM
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    dunstonh
    I followed the steps outlined in the MSE article, I have been using pre- 2009 tactics it seems.
    Yes, that was something that pre 2009 "unfair" claims could do (although it still wasnt required but the article recommended it).

    The MSE article is kept for legacy information but is woefully out of date and, as you have now realised, can be more damaging than good if followed for current hardship claims.

    Your only option at this stage is to go to the FOS. However, the FOS, since 2009, have no ability to rule that the bank should refund a penny. All they can do is make sure the bank have considered the hardship fairly.

    Even when considered fairly, the most common outcomes are:
    1 - suspension of future charges of x number of months
    2 - placed on a debt management plan
    3 - a refund of upto 12 months charges

    It can be one of those or a combination. Refund is not the only option. Suspension of future charges in increasingly common nowadays.

    The reason I asked about the letter missing something is that there is no signature block and the content doesnt address the hardship issue.

    In most hardship claims, the person receives a phone call and a discussion on budget and affordability takes place. The bank can see the retailers where things are bought. If holiday companies do appear on there then it will be held against the claim even if it is a UK camping holiday as people in hardship dont take holidays.

    I do wonder if the reference to "unfair" and demand for statutory interest refund has left the bank treating it as an "unfair" charges reclaims and meant they haven't really considered the hardship side at all. As I mentioned above, the minute you those things, the banks normally reject. So, referring it to the FOS on the basis that you feel the bank has not considered hardship is something that should be done. However, the expectation of success should be low and even with success, it may only be a few months of refund that may come his way.
    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.
    • Maireadcott
    • By Maireadcott 30th Jan 19, 11:04 PM
    • 1 Posts
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    Maireadcott
    Help
    Hi, I was wanting to ask for some advice, I had incurred over £1000 in bank fees for unauthorised overdraft fees for my old alliance & leicester account. Can I still claim these back even though the bank was taken over by Santander? The account is now closed and I cannot remember the sort code and account number.

    Mairead
    • Moneyineptitude
    • By Moneyineptitude 30th Jan 19, 11:11 PM
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    Moneyineptitude
    I had incurred over £1000 in bank fees for unauthorised overdraft fees for my old alliance & leicester account. Can I still claim these back even though the bank was taken over by Santander?
    Originally posted by Maireadcott
    Not at all, I'm afraid.
    Since 2009 (now a full decade ago), bank charges have not been "reclaimable" unless you are CURRENTLY in the Bank's definition of financial hardship.

    However, in your case, it doesn't matter how bad your current financial situation is because you are no longer a customer of the bank in question and so it also doesn't matter who took them over.
    Having no account details is just a further nail in the coffin of your "complaint". Basically, historical charges are never going to be refunded to you.

    I suggest you read this thread, just a few pages will do, to get a taste of exactly what an uphill struggle it is to get old bank charges refunded.
    Last edited by Moneyineptitude; 30-01-2019 at 11:15 PM.
    • dolgoth
    • By dolgoth 4th Apr 19, 1:34 PM
    • 1 Posts
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    dolgoth
    Miis-sold but probably okay now
    HI,

    I think I was originally sold an HSBC account under false pretext (easier to get a mortgage) so the account probably was not right for me at the time. I would say though in the last few years (possibly 3) the account probably is right. Is there a way to only claim for a portion of the period or claim then keep the account? Would keeping the account put a bad mark against your name after claiming?

    Thanks
    • dunstonh
    • By dunstonh 4th Apr 19, 1:45 PM
    • 98,597 Posts
    • 67,016 Thanks
    dunstonh
    HI,

    I think I was originally sold an HSBC account under false pretext (easier to get a mortgage) so the account probably was not right for me at the time. I would say though in the last few years (possibly 3) the account probably is right. Is there a way to only claim for a portion of the period or claim then keep the account? Would keeping the account put a bad mark against your name after claiming?

    Thanks
    Originally posted by dolgoth
    I think you have posted to the wrong thread. This is about overdraft charges that people used to claim back on before 2009.
    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.
    • Bermonia
    • By Bermonia 4th Apr 19, 7:04 PM
    • 701 Posts
    • 543 Thanks
    Bermonia
    Whilst the wrong thread the answer is no, you would not be able to have your cake and eat it I’m afraid
    • Moneyineptitude
    • By Moneyineptitude 4th Apr 19, 7:34 PM
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    Moneyineptitude
    Is there a way to only claim for a portion of the period or claim then keep the account?
    Originally posted by dolgoth
    No, if you complain the account was mis-sold to you then it will be totally cancelled if your complaint is upheld.


    You don't appear to have a very compelling complaint in any case...
    • Nasqueron
    • By Nasqueron 5th Apr 19, 10:22 AM
    • 7,603 Posts
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    Nasqueron
    It's also quite possible that the account did give you benefits, such as a reduced interest rate on the mortgage, alongside other features
    • CatieBrown
    • By CatieBrown 16th Apr 19, 10:46 AM
    • 1 Posts
    • 0 Thanks
    CatieBrown
    I'm not in financial hardship now but I was in a great deal of hardship when I was receiving all the charges a number of years ago. The charges were spiralling and making my situation worse. Can I still claim the charges back for the hardship it caused me at the time?
    • zx81
    • By zx81 16th Apr 19, 10:54 AM
    • 22,978 Posts
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    zx81
    No. .
    • Moneyineptitude
    • By Moneyineptitude 16th Apr 19, 10:55 AM
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    Moneyineptitude
    I'm not in financial hardship now
    Originally posted by CatieBrown
    Therefore there is no point in you trying to "claim back" charges. Historical charges have not been refunded for a decade now.

    Only current financial hardship cases are considered and, even then, banks are under no obligation to refund anything. The Banks are only required to behave sympathetically towards customers suffering hardship now and they have a range of options such as suspending interest or offering debt management available to them.

    Read this thread, just a few pages will suffice, and you will see your question asked and answered again and again..
    • Tink660
    • By Tink660 17th Apr 19, 10:31 AM
    • 1 Posts
    • 0 Thanks
    Tink660
    Hi, we had a Business account with Nat West from 1991 to approx 2003. We had so many bank charges, which put us in severe hardship at the time. It was a cycle we could not get out of, some days we would be hit with 3 or maybe more charges if £32 in one day. Then a customer would pay and it would be swallowed up by the charges. We did start a claim which was going well until the court case stopped any claiming. We still have all the paperwork and statements. Would it be possible to revisit this claim now. I know that so many years have elapsed since we had the account but would appreciate any thoughts.
    • zx81
    • By zx81 17th Apr 19, 10:34 AM
    • 22,978 Posts
    • 25,382 Thanks
    zx81
    No. .
    • dunstonh
    • By dunstonh 17th Apr 19, 10:41 AM
    • 98,597 Posts
    • 67,016 Thanks
    dunstonh
    Hi, we had a Business account with Nat West from 1991 to approx 2003. We had so many bank charges, which put us in severe hardship at the time. It was a cycle we could not get out of, some days we would be hit with 3 or maybe more charges if £32 in one day. Then a customer would pay and it would be swallowed up by the charges. We did start a claim which was going well until the court case stopped any claiming. We still have all the paperwork and statements. Would it be possible to revisit this claim now. I know that so many years have elapsed since we had the account but would appreciate any thoughts.
    Originally posted by Tink660
    Limited company or self employed? Not that it really matters now but a Limited company cant be financial hardship.

    As you know, the court case ended reclaiming on "unfair" charges and today only "current" financial hardship cases are considered. Even then, its a on a goodwill basis and often includes other methods, such as suspending future charges or putting you on debt management plan etc and may not include any refund.
    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.
    • Shurl17
    • By Shurl17 4th Jun 19, 8:42 PM
    • 1 Posts
    • 0 Thanks
    Shurl17
    Iíve had a Barclays addition account for years. I want to claim the charges back, but I donít have any paperwork i.e statements and Iím even unsure of the year I opened the account. Would I be able to request this from the bank directly?
    • -taff
    • By -taff 4th Jun 19, 9:00 PM
    • 10,208 Posts
    • 13,854 Thanks
    -taff
    You can't claim them back, You make a complaint that the account was missold [that's if it's apackaged ban account you're complaining about]
    Bear in mind that to complain you need complaint reasons, it's not enough just to want the charges back.
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