Reclaiming bank charges

[sarah13]

Its happened again! Too many charges on my account need to try and reclaim. Aware of the hardship clause and I do qualify. It's been a few years since I last done this abd this site has really changed, can't seem to find the info I'm after.

I have statements so just need to compile the list of charges. I used a spread sheet last time which calculated interest, can I still use this or is there something more up to date? Thanks on advance for any help

[slick132]

Hi Sarah,

 

The relevant phrase is now "Financial Difficulty"

 

You won't be seeking interest on top of the charges as you are asking them to consider your position in accordance with the banks Lending Code.

 

See here for an Article on the subject - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

[sarah13]

Hi Sarah,

 

The relevant phrase is now "Financial Difficulty"

 

You won't be seeking interest on top of the charges as you are asking them to consider your position in accordance with the banks Lending Code.

 

See here for an Article on the subject - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

 

Thankyou for replying. I'll let u know how it progresses

[sarah13]

I just had call from Barclays saying they have reviewed my case and won't be refunding the charges. I was called by the quietest woman ever and despite telling her how faint she sounded and asking her to repeat everything I failed to hear much of what she said apart from they won't be refunding me. She is sending a letter so hopefully that will shed more light.

[rebel11]

Don't give up.

 

http://www.itv.com/daybreak/money/martinlewissection/bankcharges/

 

I just had call from Barclays saying they have reviewed my case and won't be refunding the charges. I was called by the quietest woman ever and despite telling her how faint she sounded and asking her to repeat everything I failed to hear much of what she said apart from they won't be refunding me. She is sending a letter so hopefully that will shed more light.

[sarah13]

Don't give up.

 

http://www.itv.com/daybreak/money/martinlewissection/bankcharges/

 

Thank you for your encouragement. Ombudsman looks like the next route, will wait till I get the letter. Thanks again

[rebel11]

When you get the letter, it should say it's their 'final answer', if it doesn't, send another letter, tell them why your suffering 'Hardship'. It will cost them £500 if the FOS have to look into the matter.

 

Thank you for your encouragement. Ombudsman looks like the next route, will wait till I get the letter. Thanks again

[slick132]

Hi Sarah,

 

You shouldn't have let the woman try to explain anything to you by phone. You should have said, "I require a written response so I can take further action as necessary."

 

But not to worry. Let us know their reply.

 

The FOS may not be your best option as they can take forever. If you were to take court action, do you know if you would qualify for remission of court fees.

 

[sarah13]

When you get the letter, it should say it's their 'final answer', if it doesn't, send another letter, tell them why your suffering 'Hardship'. It will cost them £500 if the FOS have to look into the matter.

I detailed the 'hardship' in the letter that led to the review. I

I put all the facts, dates, concequences ie ccj's and final outcome ie struggling to pay for food etc. I think she said she had enclosed leaflets about managing debt.

[sarah13]

Hi Slick don't like long processes so will follow your suggestion and take it to court. Was very hopeful after I put together my letter and very disappointed at their first decision. However I know from my last claims (back when claims were easier to do) that their first decision often changes. Thanks again to both of you for your support and advice

[slick132]

Hi Sarah,

 

It was most likely that they'd turn down your initial request, just as they do in many instances like PPI, credit card charges, bank a/c charges, etc.

 

When we see their response and any reasons they give, we can decide how to go back to them.

 

I expect it will be necessary to remind them of their obligations imposed by The Lending Code 2011. If they fail to act within that guidance, they are probably guilty of unfair treatment to you, leading to a possible claim using the BCOBs Reg'ns.

 

[sarah13]

I have the letter. Here are some bits of it:

 

'your claim has been assessed in conjunction with cfs guidelines.'i regret your claim has not been accepted.

 

The reason is your statements show higher than expected expenditure to various clothing retailers, leisure and entertainment as well as non essential household goods and services.

 

The amounts seen are higher than cfs guidelines based on a family of your size and are not indicative of someone in financial difficulty or deemed essential expenditure.' your statements show you had financial commitment to debt repay.

 

Whilst u generally maintained your payments to your creditors these were at the detriment of your current account. Payments continued to be presented despite the income being paid in being insufficient to cover them and your other expenditure , some of which were higher than cfs guidelines would reccomend.

 

"' whist we recognise your personal circumstances and recognise your facing financial difficulty, your difficulties have not been caused or compounded by the actions of Barclays.'

 

'you may consider this letter to be our final response.'

Edited May 21, 2012 by slick132
entered paragraphs for easier reading

[sarah13]

how is best of proceed from here? Thank you

[slick132]

How do you respond to the banks comments.

 

Without wanting to be nosey, were you spending more than you should on clothing or was the spending essential for the children for instance.

 

What about the leisure and entertainment spending - can it be justified or do the bank have a valid point.

 

The bank's letter looks to be quite a considered response and not an automatically generated one.

 

[sarah13]

I haven't spent more than neccessary on clothing But I do always ensure my girls have everything they need. and as for leisure, the only thing I can remember is taking the kids to an AM (cheapest) cinema showing. Im going to have a proper look thru the statements now. Yes it's definately a tailored response.

[slick132]

Hi Sarah,

 

If you want to take this any further, you'll have to review your spending as you suggest.

 

Come back and let us know if you still think you can make a reasonable case against the bank, despite their comments.

 

We can then see if there's any further mileage in this, and how you can best proceed.

 

Bear in mind, however, that getting back bank charges these days is very much an exception and NOT the norm.