Clydesdale - Bank Charges taken from benefits - Reclaim under Hardship - help

[slick132]

Hi CSco,

 

I think you would be unwise to rush into taking court action before you have firstly explored all relevant or necessary options and, secondly, given the bank notice of intended court action in a LBA as required by the CPR.

 

Can you just confirm a few points :-

 

1. Is there any overdraft (authorised or not) involved on your a/c.

 

2. Have you referred to The Lending Code when writing to the bank.

 

3. Do you think the bank knew, or should have known, that you were suffering hardship.

 

4. Have you sent the bank any I&E summary to prove the hardship you're suffering.

 

[slick132]

Hi CSco,

 

1. Because of the o/d on the a/c, The Lending Code applies and the bank is duty-bound to offer you assistance.

 

2. Mention of Section 9 of The LC is excellent.

 

3. As per 2, because you referred to s.9 of The LC, the bank were aware of your hardship circumstances.

 

4. I think you need to send the bank an I&E statement, to prove the hardship you're suffering.

 

Re item 4, I think you should send the bank an I&E and give them a final chance to act properly as required by The Lending Code and refund all charges applied since March 2011.

 

If they fail to address the issue properly, then I think you are in a position to use BCOBs to take direct court action.

 

[slick132]

Hi CSco,

 

Yup, post it up for comments, no probs.

 

[slick132]

I suggest absolutely NO grovelling or apologising - the bank will just see this as weakness.

 

Stick to basic facts.

 

[slick132]

I'd be a bit more assertive :-

 

Dear Sir or Madam,

 

Account number: xxxxxxxx Sort Code: xx-xx-xx

 

I refer to your letter dated 12th December 2013 in which Clydesdale Bank have refused to refund all charges on my account since November 2011. The bank did offer to refund £50 of charges as a gesture of goodwill, but this unacceptable and I suggest you reconsider.

 

You have applied bank charges to my account in a manner that is contrary to the requirements of The Lending Code (Section 9). Personal customers should be considered to be in financial difficulty when income is insufficient to cover reasonable living expenses and meet financial commitments as they become due. My circumstances changed due to a loss of income because I had to leave my full time employment and claim Income Related ESA because of mental health issues.

 

Furthermore, signs or indicators that a personal customer may be at risk of being in financial difficulties may include, regular unarranged overdrafts or excesses on agreed overdraft facilities and high or increasing numbers of unarranged overdraft charges being incurred by the customer

 

Because of the overdraft facility on my account, The Lending Code applies and therefore Clydesdale Bank was, and still is, duty bound to offer assistance to me.

 

I have attached an Income & Expenditure form. I now give Clydesdale Bank a final chance to act properly as required by The Lending Code and refund all charges applied since November 2011.

 

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue the matter in court using the BCOB regulations. I may also refer the matter to The FOS as a formal complaint.

 

Yours faithfully,

 

[slick132]

Hi CagBmn,

 

Trust me, I am more than capable of drafting eloquent, charming and polite letters. However, experience with the banks over many years here on CAG has shown that polite reasonable requests are simply wasted on the banks.

 

The banks made Oxymorons of the terms Personal Banking and Customer Services. While the staff in branches may still be friendly and personable, they have no discretion or authority and decisions come from computers and business strategies sent down from HQ.

 

For these reasons, we tend to stick to the basics and tell the bank what is required of them.