Hi

Previously I thought it was impossible to claim back overdraft charges from my bank as it was a penalty for going over my agreed overdraft.

I have had about 6 or 7 charges (£35 / £28) in the last 2 months as I have accidently gone over my account that I use for Ebay, money has been transferred in and out on a regular basis.

Can anyone please advise me if I can claim these back as unfair charges? and where to go from here. I am based in Scotland also just incase the Scottish law is different.

Thanks

James

Hi, James.

Yes, claim them back, have a look at the step-by-step

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

Take your claim all the way to court, I'm also in Scotland and have claimed the lot back.

Also have a look at this.........

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

Regards.

Scott.

Does the first letter tend to work? or do they try and play hardball? Does this need to be sent to the head office or branch where I opened my account?

Thanks

Hi,

Here's the contact details..........

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/75836-rbs-contact-information.html

As to whether the first letter works, very unlikely, they will keep trying to fob you off, but just stick to your timescales and take them all the road.

Regards.

Scott.

Thanks for that.

Hope you can guide me through the process as and when things happen.

Cheers

No problems, Jim.

Any questions, just post, there's always someone around to help

Regards.

Scott.

Should I send the correspondance by recorded delivery?

Yes, Jim you should, that way you have proof they received it

Regards.

Scott.

Thanks will get that in the post

Hi Guys

I had a letter back from RBS saying that they were in receipt of my letter but were sending it back to me as I didn't provide enough information of my account. They sent me a claim form which I am to fill in and send back to a different address. In the letter it doesn't say that they will give me back the charges just that it is a claim.

Should I fill the form in and see what happens? Is this their way of saying that the charges will be paid back?

Thanks

Hi, Jim.

I'd fill it in and send it back, see what they say.

Don't give them too long

Regards.

Scott.

Hi

Am a little confused?!!

I received my original letter back along with a covering letter and my 'claim form' saying that I had an HBoS sort code and to direct it to them. I thought they were all one organisation. I have been into my bank and have been given 2 different address (both with PO BOX addresses). Does anyone know which is the correct address to post my claim to?. I have an address in Leeds and one in Dunfermline. Or could I send to both? I have the letters ready and want to post today, as they are PO BOX addresses am I right in saying that they cannot be sent by recoreded delivery? Any help to my questions would be grateful.

Regards

Jim

Hi Jim

Here is the link for HBOS contact details, which letter are you sending is it your S.A.R - (Subject Access Request) or prelim ?

Halifax & Bank of Scotland contact details

Tilly

Thanks Tilly

I am sending the prelim letter. I have tried your link but I keep getting a 404 message?

Regards

Jim

Hi Jim

Gremlins at work again Here you go

HBOS

Customer Relations

P.O.Box 548

Leeds

LS1 1WU

Tilly

Thanks for that. I had one letter addressed to them so I'll send that today. Do you know if I can send this letter by registered post as it's going to a PO BOX?.

Also, have you reclaimed from HBoS before?

Regards

James

Hi Jim

If it is a PO box no you can't send it recorded, you could send it here

Halifax PLC

Trintiy Road

Halifax

HX1 2RG

You can send it there recorded, it will reach the correct dept

tilly49vhalifax **won** Yep

Tilly

Hiya Jim,

Is your account with Royal Bank of Scotland or Halifax? If you have been banking with RBOS then the contact details are different from HBOS.

Which was the first letter you sent?

I am not sure why you had to fill in a form with more information.

On your first letter l, did you put the full details asked for, ie, sort code, account number and which bank. (I'm assuming you did) If so they have all the information needed.

You have the contact details for RBOS and here are the HBOS details.

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/106783-halifax-bank-scotland-contact.html

Well I thought it was with RBoS but my card just says BoS. I submitted details to them and that's when they came back to say that my sort code was a HBoS account. I sent them the prelim letter but as it was sent to the wrong bank will send it again today to the Leeds address.

Should I also send to Trinity Road as per Tilly's advice above? Shall I send by registered post? and also is it 14 days to send the next letter starting from the day after sending (so would be 1st day tomorrow - 14th day being 9th Sept?)

Thanks

Jim

In that case yes use the address Tills gave you. If you send registered, make sure you keep the slip so you can check it has arrived.

The 14 days start from when they receive it. So yes your dates will be fine.

Cool, will let you know what happens.

Just to let you know:

The Royal Bank of Scotland (RBS) and The Halifax Bank of Scotland (HBOS) are 2 completely different companies/Banks.

If you Card/Account has HBOS/BOS/Halifax then it is a HBOS Account

If it reads RBS/Natwest then it is a Royal Bank of Scotland Account

I have received a letter through the post basically saying that the BoS are currently involved in legal proceedings with the OFT regarding charges and that they are not willing to hear my case until this has been resolved!. It seems like a fairly standard/scripted letter that they send to everyone.

What are my options now they have responded? Do I wait, which could be a while? or do I go ahead with another letter saying that it's unacceptable?

THANKS

Jim

What you do now depends on how many charges you are reclaiming and how far back they go. As you may already know, you can only claim back upto 5 years of charges in Scotland (as opposed to 6 years in England and Wales).

The current OFT case could take years yet. If the OFT win at the High Court, the Banks could appeal at the high court, then the House of Lords and if needed, they can appeal all the way to the European Courts. This could take anywhere from 2-5years.

In Scotland, there is a different judicial system. Many courts in Scotland will still hear your case if you provide a good Statement of Claim. Even if the bank sists (stays) your claim, you can appeal to have the sist lifted. Advice is available at Govan Community Law Centre, Glasgow, Scotland | Free legal resources If I were you, I would not wait. You should file your claim now at your local Sheriff Court if you live in Scotland. If you don't, maybe you can use the address of someone you know that lives there.

I am about to take RBS to court for just under £200. They had until today to respond to my letter before I take court action. I am also taking another bank to court if they do not respond within 14 days for about £600.

Good Luck with what you do. Best of Luck in Reclaiming what is Rightfully Yours!

Hi

I am only claiming for £203 and the charges relate from May this year.

Can you advise the next letter I need to send (I have sent the prelin letter)? and where to send it to. The last letter I received was from Dunfermline.

Thanks