Bank Charges reclaim

[moritesc]

Hi there

 

I wonder if anyone can help. I have got a list of my bank charges from HSBC and in total this amounts to just over £2000 over an 8 year period mostly for unauthorised overdraft fees and a few unpaid direct debits. Some of the charges for the overdraft fees amount to £150 a time. I was not aware at the time that I could reclaim these and I am currently in a DMP and have been out of work and working on a contract basis on a lot less money than I was on - I wrote to HSBC and asked for the fees to be repaid, they said they would not repay these and sent me information about managing debt. They referred me to the recent court case in 2007 about the legality of the charges and the subsequent outcome in the banks favour. They state that their charges are fair and within their Fair Fees Policy. They state "we do not charge if the increase in borrowing is £10.00 or less. We never charge customers more than the level of the highest excess overdraft during the relevant charging period, rounded down to the nearest £1.00. Only one fee will be applied per day up to a maximum of £150.00 in any one monthly charging period".

 

However, if they are putting charges of up to £150 each month, how is anyone supposed to get out of the mess they are in, these fees, in my case snowballed and added to my financial difficulties.

 

I sent a complaint form to the FSO and have stated I am willing to file a claim in the court to retrieve this. I stated my financial hardship and that the fees were the catalyst of the problem as they kept racking up each month, making the situation worse. I have heard back from the FOS this weekend to say they are siding with HSBC as the fees were "fair". Should I go down the court route and what is the success route - and also, how much will it cost going via the court? I usually wouldn't bother but the total amounts to over £2,000 I feel that this is excessive.

 

Any help, advice, direction on this subject would be greatly appreciated

 

Thanks in advance.

[SabreSheep]

Ok stop.

 

1. Overdraft charges can be reclaimed but not on the old method.

 

2. Read up on BCOBs

 

3. You need to claim unfair treatment whilst in financial difficulty. The charges themselves cannot be claimed on the basis that they are unfair. The court ruled in their favour. Instead u need to prove unfair treatment

[moritesc]

Thanks, assuming this works for unpaid DD fees also?

 

Can the unfair treatment whilst in financial difficulty be after the event occurred, as some of these charges are 10 years ago?

 

At the time, I was struggling as I was the only one working to support my family but was not aware that the charges could be reclaimed and just accepted that this was what the bank charged.

 

How do I go via the court for unfair treatment. I have looked up on BCOBS and would excessive snowballing fees be seen as unfair treatment?

[SabreSheep]

Unless someone corrects me i believe 2009 in when BCOB came into force.

 

Not sure on the returned DD fees.

 

I believe that after 2009 you can claim for charges where the bank knew or should of known you were in financial hardship

Ive not myself looked into overdraft and bank charges yet. (im focused on credit card reclaims atm )

[SabreSheep]

Bump for u