Unreasonable bank charges and exceptional circumstances
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dieseloil
Posts: 8 Forumite
We were hit with unfair bank charges whilst we were going through a very difficult financial period. I had to take two jobs to try and make ends meet and was pushed into taking out a high interest rate loan to help with repayments, etc.
After having sorted ourselves out financially, my son made us aware that we could claim back unfair bank charges, which we proceeded to do. However, this took us a while and during that time I was diagnosed with lung cancer so had to immediately go on a course of chemotherapy and radiotherapy. Anybody who has been through this will know what this is like. It was absolute hell. On top of that, I was also diagnosed with irregular heartbeat.
Unfortunately, the chemo did not work so I am now having alternative treatment and will need a heart operation shortly. Obviously, with all this going on in one’s life, the fact that you have missed the bank’s deadline by a few weeks, did not seem very relevant. We contacted the Ombudsman’s Service who were most helpful and said they would pursue our case, after having supplied all the Consultants reports and this is their response:
“ I’m sorry it’s taken me a while to get back to you about your problem involving Halifax.
When we last spoke, you told me you weren’t able to bring your complaint to our service because of your recent circumstances. You provided evidence which I sent on to Halifax and asked them to let me know whether they’d allow us to investigate.
what they’ve said
Halifax have now come back to me to say that they won’t grant us permission to investigate.
The reason for this is because they say you were able to raise a complaint with them whilst you were under-going treatment. Because of this, they feel you could have also contacted us some point before the six months were up. They’ve told me they appreciate what was happening at the time – but they won’t allow us to waive the time bar. Based on what they’ve told me,
I understand that you’ve been through a very difficult time, and I’m sorry I’m not able to give you the answer you were looking for on this occasion.
I won’t be able to take any further action. But if you have any questions, please feel free to let me know.
Ombudsman’s Service.”
Is there any way around the time bar?
After having sorted ourselves out financially, my son made us aware that we could claim back unfair bank charges, which we proceeded to do. However, this took us a while and during that time I was diagnosed with lung cancer so had to immediately go on a course of chemotherapy and radiotherapy. Anybody who has been through this will know what this is like. It was absolute hell. On top of that, I was also diagnosed with irregular heartbeat.
Unfortunately, the chemo did not work so I am now having alternative treatment and will need a heart operation shortly. Obviously, with all this going on in one’s life, the fact that you have missed the bank’s deadline by a few weeks, did not seem very relevant. We contacted the Ombudsman’s Service who were most helpful and said they would pursue our case, after having supplied all the Consultants reports and this is their response:
“ I’m sorry it’s taken me a while to get back to you about your problem involving Halifax.
When we last spoke, you told me you weren’t able to bring your complaint to our service because of your recent circumstances. You provided evidence which I sent on to Halifax and asked them to let me know whether they’d allow us to investigate.
what they’ve said
Halifax have now come back to me to say that they won’t grant us permission to investigate.
The reason for this is because they say you were able to raise a complaint with them whilst you were under-going treatment. Because of this, they feel you could have also contacted us some point before the six months were up. They’ve told me they appreciate what was happening at the time – but they won’t allow us to waive the time bar. Based on what they’ve told me,
I understand that you’ve been through a very difficult time, and I’m sorry I’m not able to give you the answer you were looking for on this occasion.
I won’t be able to take any further action. But if you have any questions, please feel free to let me know.
Ombudsman’s Service.”
Is there any way around the time bar?
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Comments
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We were hit with unfair bank charges whilst we were going through a very difficult financial period.
Bank charges are not unfair. The bank won the court case in 2009 and charges were restructured to avoid them being classified as unfair.After having sorted ourselves out financially, my son made us aware that we could claim back unfair bank charges, which we proceeded to do.
Was this prior to 2009 when that sort of thing was common? It died a death after that.Unfortunately, the chemo did not work so I am now having alternative treatment and will need a heart operation shortly. Obviously, with all this going on in one’s life, the fact that you have missed the bank’s deadline by a few weeks, did not seem very relevant. We contacted the Ombudsman’s Service who were most helpful and said they would pursue our case, after having supplied all the Consultants reports and this is their response:
The FOS is an independent arbiter of complaints. It does not pursue issues like a consumer champion. It is there to ensure both sides have their case looked at fairly.Halifax have now come back to me to say that they won’t grant us permission to investigate.
The reason for this is because they say you were able to raise a complaint with them whilst you were under-going treatment. Because of this, they feel you could have also contacted us some point before the six months were up. They’ve told me they appreciate what was happening at the time – but they won’t allow us to waive the time bar. Based on what they’ve told me,
I understand that you’ve been through a very difficult time, and I’m sorry I’m not able to give you the answer you were looking for on this occasion.
I won’t be able to take any further action. But if you have any questions, please feel free to let me know.
Ombudsman’s Service.”
Is there any way around the time bar?
No. If the FOS consider the timebar fair and the bank do not wish to waive it then it is enforced and cannot be got around.
I wouldnt be too disappointed though. The FOS ceased to take on complaints about unfair bank charges after the 2009 ruling. So, even if the timebar had been overruled, you would have still hit a dead end.
The only bank charge issues looked at now are CURRENT financial hardship cases (not historic) and incorrect application of charges.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.0 -
This case looks like 'current' to me.The only bank charge issues looked at now are CURRENT financial hardship cases (not historic) and incorrect application of charges.
However, I don't think that there is a way around the 'time bar'.
The OP should have contacted the bank as soon as the hardship started.0 -
This case looks like 'current' to me.
The OP states "After having sorted ourselves out financially" which suggests it is no longer current. That was what I was going on to measure current/historic.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.0 -
Sorry to all who have read this. I don't think I have made this clear. The time bar that the bank and Ombudsman is referring to is the fact that it took us longer than 6 months to reply to the Bank's letter which refused any compensation. It made us feel that it was pointless going any further.
Yes, it is, to a certain extent, ongoing.0 -
Hardship means hardship. Bills going unpaid. Balance getting worse every month etc. If that is the case, the bank will normally look at solutions as long as the reasons are not down to consumer spending. Whilst a Sky sub or mobile phone bill in isolation wont necessarily rule out hardship, they do look at spending habits and if they see restaurants, mcdonalds, shopping at Next etc then they will not consider you in hardship.
Your first problem was that the bank did not think you were currently in financial hardship. You may have moved from hardship to struggle but they dont need to do anything if you are struggling but getting there.
Your second problem basically ended it as the timebar is final unless the bank volunteer to waive it.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.0 -
Sorry to all who have read this. I don't think I have made this clear. The time bar that the bank and Ombudsman is referring to is the fact that it took us longer than 6 months to reply to the Bank's letter which refused any compensation. It made us feel that it was pointless going any further.
Yes, it is, to a certain extent, ongoing.
I would put this thread to bed now.
You complained, the bank refused you what you thought you deserved, you didn't reply within 6 months, so you took it to the ombudsman who told you that you were out of time.
Your ONLY option now is to sue them - come back when you have been to court to let us know how you got on.0 -
Litigation isn't the "only" option left, although I suspect the OP won't want to go 'public' and get the financial press involved!jonesMUFCforever wrote: »Your ONLY option now is to sue them0 -
YorkshireBoy wrote: »Litigation isn't the "only" option left, although I suspect the OP won't want to go 'public' and get the financial press involved!
I'm sure in cases like this they would not mind one bit if the OP wants to go to the press - if the ombudsman refuses to deal with the claim they will say so in the press.
I am pretty sure that the final letter from the bank would have included clear information of what was needed and the timescales if they wanted to pass on the case to the ombudsman.0 -
I disagree, for the reason below.jonesMUFCforever wrote: »I'm sure in cases like this they would not mind one bit if the OP wants to go to the press - if the ombudsman refuses to deal with the claim they will say so in the press.
Yes it would. But it may well be the letter wasn't even opened, let alone read and acted upon...for the reason(s) given in the OP. Even banks must have compassion! They may not even be aware of the OP's serious health issue(s).I am pretty sure that the final letter from the bank would have included clear information of what was needed and the timescales if they wanted to pass on the case to the ombudsman.0 -
You can only conclude on the matter after having heard both sides. We have only heard one side.
The Ombudsman has heard both sides and concluded there is now no claim.0
This discussion has been closed.
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