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Ucat

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  1. I got this useful response from the Money Saving Expert Forum (in case it is useful to others): 'The adjudicator is correct. Since the banks won the court case, they no longer can force the bank to refund. They do encourage the banks to look at genuine hardship cases fairly though. "What the banks need to make that decision and what you want to tell them are two different things. They can look at things you are not aware of. They will check statements for spending habits for example. So, if you have luxury items on there (sky tv, heavy mobile phone contracts, waitrose etc) then they can easily reject as your problems are more likely to living beyond your means than hardship. "It is also not the banks job to contact you. it is your job to contact them. [...] "You do not get access to an ombudsman unless you appeal an adjudicator decision. There is no point you appealing the adjudicator decision as it is correct. [...] "Since 2009 when the banks won the court case, the banks only refund now as goodwill gestures for those in CURRENT financial hardship (arrears, defaults, living on breadline, caught in a spiral of charges) and those making first time errors."
  2. Should I be making a meeting with the bank to discuss my finances? And to prove to them that I am in hardship now? They suggested I make a meeting but also said that they would not be giving any fees back even if I spoke to them. The financial ombudsman also said that he recommends that I make a meeting with my bank.
  3. I have been reading and I thought I was going the right way about it. Please could you give me a little more of a hint where I am going wrong (or not)?
  4. Ok so what is my best bet in getting charges back? How come so many other people get charges back but in my case neither the bank nor the ombudsman wants to know...? Does the Ombudsman never refund charges? What should I do next?
  5. I'm so confused.... so why did people on these forums advice me to try to claim back fees? Do I have to take the bank to court to get the fees back?
  6. So the 'Abjudicator' of the Financial Ombudsman just called me regarding my complaint and said that the Ombudsman can never recommend for the banks to refund fees on credit cards. He said that the fees are not unfair since the banks showed them in 2009 what the fees consisted of and he also said that whether you are in financial difficulty or not doesn't make a difference. He also somehow decided that the bank had treated me fairly without being interested in hearing my full story, and despite the fact that the banks did not contact me to inform me of my options during the last years when I've been in lots of financial difficulty. A very strange conversation. He also surprisingly was not the Ombudsman although he works in the Financial Ombudsman's office. And he said taking the case forward to the Ombudsman will not change anything. I asked him to take the case forward anyway. So if this is the case, why is there so much information everywhere about reclaiming back fees? Was this person on the phone giving me false information or has no-one got fee refunds since 2009? I'm so confused now.
  7. I have read through the links you gave me and from what you say it sounds like we are on the same page. I have separate claims for credit cards and current accounts. also a separate claim for account subscription fees. My main argument for all the charges/fees is unfairness, except for subscription fees which is that they were missold.
  8. I am trying to claim back - on both my credit cards and current accounts: 1) late payment fees, bounced direct debit and cheque fees, unarranged overdraft fees, etc. and 2) account subscription fees. For the late payment fees etc. my argument is that since the bank refuses to explain to me why the charges are so high, then they are unfair, and they should refund them in full. For the account subscription fees the argument is that I didn't use any of the benefits so I was missold the account. dx100uk: Do you mean the charges mentioned above by penalty charges or something else? I didn't receive answers to my questions in the quotes yet... Thank you.
  9. Do you mean I shouldn't get involved in it or you won't?
  10. Hi, I spoke to Natwest today about payment holiday and they said that it can only be agreed in advance, when first taking out the loan. They said that I could speak to the 'Collections Department' and they could give me some payment-free months (not a payment holiday) but it would mess up my credit rating for seven years to come. Others online have told me that even defaulting on your credit card or refusing to pay it altogether doesn't leave a mark on the credit record for too long. Was the Natwest advisor just trying to scare me? How bad would the effect on the credit rating likely to be? He said it would be a breach of contract even if a new payment plan was agreed with them. In terms of credit rating, the only thing I'm really worried about is if can't pass credit checks for estate agents, in case I need to move in the next seven years. Oh, and by the way, the second thing: Natwest told me that they won't refund penalty charges UNLESS I am in financial trouble now. I told her that I am in financial trouble even though I haven't defaulted on any payments recently. I got a letter stating that they would offer no refunds. Question: Am I likely to win with Ombudsman or was she correct with her decision? Thanks
  11. Regarding claiming back bank penalty charges (should I start a separate thread regarding this, by the way?), I got a letter from Natwest and would like some help with how I should respond... The Natwest letter states: - they are unable to agree to my complaint about charges applied to my account being unfair. - they understand that I feel that the charges go "contrary the aims of the lending code (Section 9) and Banking Conduct of Business Sourcebook". (their words not mine) - the charges were applied correctly in line with the Terms and Conditions of the account. - the Supreme Court's ruling confirms that the charges applied were considered part of the price by the customer in exchange for the package of services which make up a current account. - refund is only awarded if there is a bank error and there has been no bank error. - fees that have been levied on the account have been applied inline with the fee structures that were in place at the time of application to the account. - they subscribe to the Lending Code and are bound by the Code and they have arrangements in place to deal with customers sympathetically and positively when it is identified that they may be experiencing financial difficulty. (However, they did not help me at the time despite many meetings with them to request help, and despite my credit cards being continuously maxed out and despite being sometimes unable to pay my rent on time. The combined fees on all my accounts at the time were sometimems over 100 pounds per month causing severe financial difficulty.) - Lending Standards Board, and independent body, reviews the bank periodically to see if they adhere to the code. - they also comply with the FSA's Banking Conduct of Business Sourcebook and their compliance with the rules is assessed by the FSA. - refers to the Supreme Court Ruling of 25th Nov 2009 and says that the court decided that the current account customers receive a package of services and unarranged overdraft charges are part of this price paid by customers in exchange for that package. This judgment also confirmed that any fee applied inline with the terms and conditions of the account could not be challenged and therefore the other charges mentioned could not be processed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). - in their view the judgement of the Supreme Court means that the level of their charges cannot be assessed for fairness under the UTCCR or challenged under the common law penalty doctrine. They do not believe that there is any legal basis on which these charges can be validly challenged. - if I feel like I may be suffering financially they recommend to get in touch with Financial Difficulty Team (but on the phone the lady stated that this team won't discuss refunding the penalty charges.) Thanks for helping
  12. Hi dx, Thanks for responding. I will ask for an SAR if they don't send the information otherwise. In my telephone conversation with them they asked to send a letter to this address so I don't want to delay their procedures. If no luck, then I will ask for SAR's (but that might cost £10 I think). The spreadsheet is a good idea - will do that. You say: "bank account can usually be tackled with a simple BCOBS complaint like the one pointed too" - Yes, will do that with my current account. But credit cards are different, even when I'm with the same bank - right? Judging from the links you referred to.
  13. (Just a side note: Some of the links that appear in the posts in this forum are adverts and some are links for further information - correct? I have just been ignoring them so far because I thought all of them were ads.. . and now when you refer to the 'blue RBS link' I'm not sure which one you mean but assume that you meant the "Textbook Reclaim of RBS charges")
  14. Ok thank you again for helping dx100uk. So if I understand correctly: with credit card fees I can say that they are violating the Conduct of Business Sourcebook (COBS). Whereas for current account fees it will be The Banking:Conduct of Business Regulations (BCOBS) that they are violating with unfair fees. I think at the first instance I will keep it simple and just ask for a stament of all the fees charged, and all the fees refunded with interest, saying that I believe that the charges are unfair and in violation of the above. Something like this: "I would like to request a full refund of all the late payment fees and overlimit fees which have not yet been refunded because I think they are excessive and unfair, and thus in violation of the FSA’s Conduct of Business Sourcebook. I also request you to refund the interest charges charged on these credit cards, as if these unfair fees had never been charged in the first place. "
  15. So I now have to write to Natwest because they refuse further refunds. Are there any sample letters for getting your fees back? Do I need to quote legislation or can I just write in and say that I think the charges are unreasonable?
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