Bank charges again

[midnight999]

Hi all, having reclaimed bank charges early this year I have had quite a few more since that claim, I had a bit of a rough patch about 5 weeks ago and the constant charges are making it impossible to recover, its got to the point where I will be charged nearly £300 in the next 2weeks, when I contact the bank they say there is nothing they can do to reverse the charges, when I suggested I may reclaim again I was told that a condition of being refunded the first time was that I would be unable to claim again, I'm not sure if the agreement I signed had words to this effect,I can't remember, it's got so bad that the only option left is to open another bank account, however, everywhere I've tried refuses me a proper current account, even though my credit file is ok, meaning that I can only get a basic cash account, even the decision for this has been reffered, I have a £1750 overdraft with my current bank halifax, If I do change account I was thinking of offering them repayment of this amount less all charges acrued since my last reclaim, any advise please, cheers

[rory32]

First of all who are you trying to get a basic bank account with? Different banks do different checks for basic bank accounts. Secongly what the bank has told you regarding charges is nonsense. Even if you did sign something to the effect that you waved your right to reclaim future charges a judge would not see this as a fair term of acceptance.

[Bigmac versus]

If the charges are after the date you claimed then i dont see why you would have any probs. The only time there has been probs is when you claim for charges you already had when you first claimed and this can be fought due to no consideration being shown except in Scotland.

Be aware that they may now close your account and demand repayment in full from your OD the interesting point though is if they do this then why shouldnt you ask the courts for a stay pending the outcome of the OFT case as it should work both ways.

[midnight999]

I was thinking of telephoning the bank and stating that if the charges due are not removed, that I would be forced to close the account and make repayments of the overdraft less all charges that have been applied since my last reclaim, if they demanded the amount in full I was going to quote the oft investigation and state the until the charges had been proved legal I would not pay them, what do you think of this idea, to be honest if they just removed the charges that are due I would be happy, because the charges from before are not that much, however there is going to be a few hundred quid in the next couple of weeks, and thats unaceptable, If I did close the account and offer to make repayments until the overdraft was clear, less the charges amount, could they legally list something against me on my credit file, cheers again for your help

[Bigmac versus]

They can recall the overdraft whenever they wish, claiming further charges could result in the closure of your account and the overdraft due in full usually within 7 days. The typical scenario would be this OD would be passed to a DCA and an entry in your credit file as defaulted.

You could challenge this default when reclaiming your charges but it is always best to avoid them if possible in the first place.

If they do close your account complain to the FOS.

Another consideration could be to wait for the OFT test case then claim them back or as you suggested phoning the bank and asking them to help you out after all their letters always say to do exactly that.

[midnight999]

Just a quick update, I,m still waiting for a decision on wether I can get a basic cash account from hsbc, so I thought I,d try nationwide, but was told by the staff that as I had an account elswhere they wouldnt be able to open an account, and that most banks had the same policy, is this true, I cannot open another current account because I keep getting turned down, even though my credit file is good, is this another way the banks are trapping people into having to pay their charges

[rory32]

This is complete rubbish. Try applying on-line for a Nationwide account, if you do it at the branch they automatically apply for a current account for you not a basic bank account.

[suzieblooz]

I had an account with HBOS, overdrawn due to bank charges, but still managed to get a current account, with switch card from Lloyds TSB. I didn't transfer my HBOS one, just asked Lloyds if I could open a new current account. That was 2 years ago, it may have changed since then though.

[midnight999]

Ive decided to pay the charges, and bide my time until the oft have made a decision, much as I don't like it I don't want to spoil my credit record that I have worked hard to restore, hopefully they have won the battle but not the war, thanks for all the honest advice

[livelylad]

Thread moved to the HAlifax forum.