New to Forum/Bank Charges Question

[mmac48]

Hi,

I have just joined CAG as I am at an end as how to proceed with my claim for a refund of bank charges. I have followed the steps as laid out in moneysavingexpert.com. Sent 2 letters and have been told everything is on hold until a decision has been reached regarding how legal the claims are. My claim is nearly £6,000 over a 5/6 year period, plus interest. Can anyone please advise me on what my next action should be? Our financial situation isn't great and I really would like to keep the ball rolling regarding these totally illegal and unfair charges.
Cheers
Ian Mc

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[PGH7447]

unless you can claim under the hardship rules then I am afraid you are in the same boat as the rest of us and awaiting the court case to be finalised

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[Trilby274]

Hang on - who told you everything is on hold?

The advice on this forum as far as I can see is to pursue the claim right through to the court stage. It is for the court to stay a claim, nobody else. Keep at 'em!

[mmac48]

will do. cheers

[maroondevo52]

Originally Posted by Trilby274

Hang on - who told you everything is on hold?

The advice on this forum as far as I can see is to pursue the claim right through to the court stage. It is for the court to stay a claim, nobody else. Keep at 'em!

Very true Carry on with your claim.

Regards.

Scott.

[PGH7447]

Originally Posted by Trilby274

Hang on - who told you everything is on hold?

The advice on this forum as far as I can see is to pursue the claim right through to the court stage. It is for the court to stay a claim, nobody else. Keep at 'em!

Is this aimed at Me? if it is read the post correctly, I said:

unless you can claim under the hardship rules then I am afraid you are in the same boat as the rest of us and awaiting the court case to be finalised

Dont see any mention of ON HOLD there,

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[Trilby274]

Nope - it was a reply to the OP

[PGH7447]

OK sorreeeeee, feeling fragile today

[flyingdoc]

If you take your case to court - the banks are likely to ask for a stay until the main court case is settled.

At this point you need a good arguement as to why this should not be granted as the court will be inclined to grant it.

I would argue personal hardship - that you, in your opinion, have been wrongly charged all this money and it has caused you a good deal of financial strife.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[mmac48]

I have written another letter Will let you know how I get on.

[badgolfer]

I too am new, or at least revisiting, I have recieved the last 6 years statements recently. I have gone back 16 months so far and I am uto 2k in charges.
I phoned the bank to get an overdraft today, at present £0 and just wanted a small o/d for £200 til payday but computer says 'no'!!
Asked for the postal address for claiming charges (as i bank on line) and she said no need, she'd record it and i should just wait for the court case.
But i am in short term trouble at the mo' for the sake of £200.
I am furious.
Can I really continue with my claim with the court case still on-going

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[maroondevo52]

Hi, badgolfer.

Yes, carry on with your claim, take it all the way to court.

Regards.

Scott.

[badgolfer]

Thanks Scott, I have been a bit slow really thought it might be folly to try and claim with the crunch on-going. wish I had revisited this wonderful site sooner. I just hope that the test case is not influenced by the crunch and the support the government are having to give the banks.
But having been charged £118 for going £2 o/d on the same day as my salary went in, i just want my money back if i am entitled.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[maroondevo52]

Hi, badgolfer.

If you carry on with your claim, you may receive an offer.

What Bank is it, do you want me to move your posts to start a new thread for you.

Regards.

Scott.