Report Bank Charges successes and failures

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  • kjd35aqua wrote: »
    could do with some advice if anyone can help.

    i had a tsb bank charges claim in 2007 for £1870 ,two weeks before i was due to get it ,the court ruling happened,was gutted at the time, but due to the court ruling i left it as closed case.
    looking at my accounts a few weeks ago i now realise i had a really good case under the "financial hardship" ruling,as it was the snowball effect of these charges each month that were causing the problem in the first place.
    phoned tsb today to ask where i need to send my complaint under the "hardship ruling" to be told it only counts under the hardship ruling if the hardship is now.
    is this right.and is there anything else open to me as i feel this is not fair,

    or just as if i'd know about the hardship part in 2007 i would have done something about it then and not left it til now.
    any help or advice would be greatfully recieved,rather than the brick wall i got from tsb.

    "The reasons can either apply to your situation now, or at some point in the past. Yet importantly, if you're no longer in hardship the Ombudsman will look at how your bank treated you at the time and whether you are still struggling. To help your case you should have contacted your bank for help when you had the difficulties".
    Check out the advice and criteria for hardship on here
    http://www.moneysavingexpert.com/reclaim/bank-charges#step1
  • howie94
    howie94 Posts: 121
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    edited 26 April 2012 at 3:34PM
    Check out my response above. I know you said that you claimed through hardship but their reply seems to imply that a claim of unfairness may have played some part in the reason for their response? It's standard for rejection letters to include the FOS leaflets.


    Hi Little Mo

    What do you suggest on waht my next action should be ? Shall i go back to the bank with another letter or go straight to the FOS ?

    your advice is appreciated :)
  • D-MAC
    D-MAC Posts: 26
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    edited 27 April 2012 at 11:34AM
    Just received a letter from the TSB it states;

    We would like to let you know we have considered the circumstances you raised.
    Having reviewed how your account has been managed, we are unable to refund all the bank charges you have requested.

    To support you with your financial situation, for account XXXXXXXX, we will be refunding £280.00 and waiving a further £10.00 in charges that were due to be applied. This is for all the charges incurred since April 2011 to present date.

    You have also mentioned you were charged as a result of previous charges debiting your account. Any Unplanned Overdraft or Returned Fees applied to your account will not be included in the calculation of any future charges that you incur.

    These fees will be incurred if you continue to use an Unplanned Overdraft and if account fees take you into (or further into) an Unplanned Overdraft when they are applied to your account.


    So...what do i do now??
  • howie94 wrote: »
    Hi Little Mo

    What do you suggest on waht my next action should be ? Shall i go back to the bank with another letter or go straight to the FOS ?

    your advice is appreciated :)


    Hello Howie

    I can only reply as I did before. The following in inverted commas is what I posted in the reply to the previous post to yours and what I was referring to in my answer to you.
    _________________________________________
    "Without knowing exactly the reason they rejected your claim it's difficult to comment however, I would say that if there is anything in their 'actual' reason for doing so that you feel is incorrect or unfair then write back and tell them so.

    Like they could have said "whilst we sympathise with your situation your charges have been applied in line with our policy etc etc." Now then, if you know of anything that perhaps they had been unfair about like for example, you might have asked them for help in your difficulties and they refused then that wouldn't have been very fair treatment.

    You based your claim on "hardship etc". Don't know what the "etc" is exactly but you have to have a cast iron case of hardship for it to be even considered and even then it's not guaranteed - you are at their mercy really.

    Don't forget they also will have scrutinised your spending habits on your account whilst considering your complaint, if they feel that you did not spend wisely and therefore incurred charges as a result and that was the case then I would go no further.

    If you feel you have a genuine good case it's always worth writing back and when the final response "No"arrives then go to the FOS".
    ___________________________________
    So, in answer to your last posting, I would say look at how your bank treated you at the time of incurring the charges. Look carefully at exactly what they say in their rejection letter and if you don't agree then write and tell them so and why. Say again that you are in hardship and outline exactly why that is and how it affects you. Check out the advice on here first including the Ombudsman criteria for financial hardship
    http://www.moneysavingexpert.com/
    Generally the ombudsman would expect you to have received a 'final response' letter from your bank before they will deal with your complaint.

    Good luck:)
    Mo
  • nickysel
    nickysel Posts: 30
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    edited 2 May 2012 at 2:37PM
    I've just paid £10 & will be getting all my transactions within 72 hours. So I'm not sure what charges I've paid over the last 6 years but I've definitely incurred more than £150 in charges over the last year (piddly to some, I know - but not to me.) Now my latest statement, received today, tells me I'm going to have another £150 charges levied in 19 days for 5 card payments while exceeding my overdraft (£25 per item...including one which was for just £2.49.)
    So should I phone Santander & ask if they'll waive the upcoming charges? (If they don't, it'll put me beyond my O/D limit again.) Or do I wait until after 21st May & make a claim using the templates?
    If I contact them now, does that preclude me from seeking previous charges when I have the info?
    I'm in hardship - on benefits, 4 credit cards all of which I just manage to make minimum payments, special agreement with my utilities provider as I pay more than 12% of my income on gas & elec and couldn't afford to pay my bill.
    I'm also Bipolar (the reason I'm on benefits) which means I haven't been the greatest at managing my money - I'd go months without opening my statements. I'm now ready to start to take control of my finances & - IF they waive the upcoming charges - feel able to commit to not exceeding my limit. But do I tell them this? Or is it the fact I'm bipolar likely to do more harm than good?
    I'd REALLY appreciate some advice please!!
    Also...is it relevant that they paid the 5 items when I was already beyond my O/D limit - if they'd refused to authorise at the point of transaction (a) I wouldn't have incurred the impending charges & (b) I would have been alerted earlier that there was a problem. I had believed any items while I was beyond my limit would not be authorised.
  • Nitamcc21
    Nitamcc21 Posts: 47 Forumite
    HI All,

    Came home to a thick letter on the mat. Got all excited. Settled myself down to read and basically HSBC have said no to my reclaim of bank charges. They have told me to fill in an expenditure questionnaire and they are willing to give me 'pointers' but thats it. I've also got a how to complain leaflet for FOS and a manage your finances better leaflet. Hmmmmm
    Neets
    Why do Bee's have sticky hair??? Because they use Honeycomb... :rotfl:

    What do you call a bloke by the door??? Matt :rotfl:
  • Gem75x
    Gem75x Posts: 1 Newbie
    Bank: HSBC
    Amount Reclaimed: 924.58

    Amount offer from HSBC: 339
    How long did it take: since Mar 09

    Please give me advise for next step, whether should I negotiate for lesser amount like 700-800 pounds or continue pursuing my case to the FSO?

    24April 2012- FOS sent me PPI questionaire

    06March 2012-HSBC Regulated Sales Complaints Officer writing to FSO confirm the bank agreed to settle complaint waiting for my decision to accept or not the offer and also said- the Customer relations Department will respond to file request about Overdraft charges records

    01March 2012-
    HSBC disputing later claim for PPI repayment not included in Mar 2009 1st letter of claim/complaint

    HSBC Regulated Sales Complaints Officer proposed repayment amount of GBP 339.48 (in full and final settlement of complaint)- OFFER to Settle the PPI Claim ONLY(not including overdraft charges)

    PPI premium redress GBP 226.32
    Taxable Interest GBP 116.56
    Total OFFER GBP 339.48

    15Feb 2012-FOS acknowledgement of my complaint

    30 Nov 2011- Follow up letter to HSBC about claim on Overdraft Charges, NOW to include PPI repayment claim (not included in first complaint in Mar 2009)

    28 Mar 2009-HSBC acknowledge complaint for Overdraft charges
    requested me to fill up Financial Status questionairre

    03March 2009-Complaint and Reclaim for Overdraft charges (Not PPI reclaim yet)
    Total- 671.12 + Interest 253.46=GBP 924.58

    November 2008- Overdraft charges at GBP 671.12

    18 Sept 2006-Loan GBP 2,000 for 14 mos repayment
    PPI- 201.12
    Overdraft charges at-GBP 175.00

    April 2006-Overdraft charges started- GBP 25.00

    Dec 2005-Opened 2 savings account with HSBC

    Any good ideas will surely help me, thanks this early.
    Thanks to Mr Lewis and all MSE guys aand ladies.
  • Hey guys,

    Basically I fit all the criteria for financial hardship, so last week I wrote them a letter. Being a university student a mere 2 years ago, I claimed something like £1522.39 of bank charges, sent with complete proof of the last 3 years worth of bank statements. I have been in the red for YEARS.

    Two days ago I receieved a letter from the bank basically denying me. I know the MSE website says 'try ringing them or writing them again' as I REALLY feel like I have a strong case, but one part of the letter confused me:

    "These legal proceedings (issues relating to the level, fairness or lawfulness) have now ended, with the Court confirming that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Contract Regulations.

    In summary, the disputed charges were properly applied and the outcome of the legal proceedings confirms our position."


    Does this mean we have no grounds of unfairness anymore? That they can just turn us down even if we have a super-strong case?

    Or is it trying to throw me off with mumbo jumbo? Just to clarify, I have a VERY strong case, and I fit more than 90% of the criteria.

    Thanks guys, wish everyone the best at this.
  • Little_Mo_70
    Little_Mo_70 Posts: 417 Forumite
    Hey guys,

    Basically I fit all the criteria for financial hardship, so last week I wrote them a letter. Being a university student a mere 2 years ago, I claimed something like £1522.39 of bank charges, sent with complete proof of the last 3 years worth of bank statements. I have been in the red for YEARS.

    Two days ago I receieved a letter from the bank basically denying me. I know the MSE website says 'try ringing them or writing them again' as I REALLY feel like I have a strong case, but one part of the letter confused me:

    "These legal proceedings (issues relating to the level, fairness or lawfulness) have now ended, with the Court confirming that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Contract Regulations.

    In summary, the disputed charges were properly applied and the outcome of the legal proceedings confirms our position."

    Does this mean we have no grounds of unfairness anymore? That they can just turn us down even if we have a super-strong case?

    Or is it trying to throw me off with mumbo jumbo? Just to clarify, I have a VERY strong case, and I fit more than 90% of the criteria.

    Thanks guys, wish everyone the best at this.

    Hi Angelrock

    I'm not certain on what grounds you requested your refund. You state you fit all the criteria for financial hardship and have a super strong case and yet you ask if you have grounds for unfairness.

    The bank's reply would indicate to me that you may indeed have mentioned unfair charges in your claim and if that is the case then perhaps you have shot yourself in the foot.

    Unfair charge claims will no longer be considered by banks after the court ruling. Financial hardship claims MAY be considered but again the bank is under no obligation to refund anything unless there are grounds such as unfair treatment, bank errors etc. and note also that they will have assessed your spending habits and management of your account over the years.

    |f you genuinely feel you fit the hardship criteria write back and tell them exactly why that is. Not being able to manage is not enough, you need to be unable to pay for your basic living costs, rent, food, heating, medical supplies etc.etc. out of work etc etc.
  • sarabara
    sarabara Posts: 6 Forumite
    Looking for some advice. I sent a letter last week about the charges I had recieved from barcays partner finance, totaling over £1700. They have already answered offering to clear and close the account wich is £444 and also a good will payment of £350. Should I accept it?
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