Mark B

copy an paste thanks mate will get the msent off asap,

MB.

Daviet

ive got 2 bank accounts and had lors of charges on both them.will deffo be trying this
saw it on the news last week with a guy who got a cheque back but didnt really take much notice if i got all my charges back over 6 years ill be rich again lol

Neil S

iTrader: (1)

Anybody got any updates on this?

I sent the first letter on the 29th March, and received a letter back today stating that they are in the process of supplying the last 6 years statements FOC, and asking me to clarify exactly what Data I require under teh Data Protection Act.

Just in the process of writing back to them now, I'm not sure how useful the rest of the info will be, maybe the statements are all I need?

Might save myself a tenner and leave it at the statements...

Neil.

AlexF

I'll be giving this a go...

I had a small run in with the students loans company and their SHITE direct debit system...

That cost me a few fines a couple of years back!

Alex

Psycho Warren

iTrader: (5)

I presume if you do this the bank will use thier right to terminate thier contract with you and close the account as thier way of getting back at you and ditching a "poor" customer in thier eyes???

Neil S

iTrader: (1)

See what you're saying, but I think they might need more specific grounds

Neil.

-J-

So would this work on credit cards to?

Iain Mac

The banks are entitled to charge interest at the rate published in the agreement, but penalty charges that bear no relation to the cost to the bank are not allowed and that is what you reclaim, along with the cost of any interest incurred as a result of these unreasonable charges.

Graceland

This I was wondering aswell, as i value my bank account of 7 years

Dicko&Vacant

iTrader: (3)

ive prob had about 20 in the past year, im good now though, post the letter up will be interested to see if i can get any of my money back!

Psycho Warren

iTrader: (5)

I suspect the banks talk to each other a lot more than we think so you may have difficulty getting another current account.

They are after all devious money grabbing bastards who try and fuck you over!

ricky_3dr

Any updates ??

dave_y

iTrader: (4)

don't spend money you don't own/haven't paid for then you won't incur any charges.

i work for a bank and get loads of abuse cause people have incurred charges as they don't keep an eye on their own accounts.

RSKim

warrenpenalver Open another account beforehand then

dave_y Sorry but any charges i have incurred are due to the banks staff not communicating with each other

deanh

so does it work for credit cards then?

Lambchop

iTrader: (1)

neil
out of interest which bank are you with? did you send the letter to HQ or your branch?
what is the tenenr supposed to pay for? If the statements are foc then you only need them to work out the charges no?
i wanna give this a stab so keep me up to date with your progress please
wanna do it for the mrs too because she could claim sooooo much its unreal
it'll be 6 yrs in oct that sh has been with the bank. it has to be 6 yrs before claiming yes?



chop

Psycho Warren

iTrader: (5)

Thats not the issue, the issue is the disproportionately high charges bearing no reality to the incurred costs.

Neil S

iTrader: (1)

Chopski - it begins with "B" and ends in "arclays"

The tenner is a statutory maximum fee to release all records held under the Data Protection Act.

6 years I think is the maximum period you can claim for.

I'll keep you posted mate - all I have acheived so far is them agreeing to send me the info I need

Neil.

steve rs

letter sent lets see if it works

MATCOS

iTrader: (1)

Very interesting I shall watch this thread

AlexF

Right my letter is posted!

Alex

andyhardy

Will they close your account after they've paid up though?

That's if they pay up at all!

Andy

Damo V

Another succesful sample letter



[Your Banks Address]



[Date]


[Your Address]



[Your Account Number/Details]

Without Prejudice

Dear Sirs

Due to recent media coverage on bank charges I am now aware that you, {your banks name} have been charging me bank charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Subsection 1(e) of the said regulations gives a non complete list of terms which may be regarded as unfair, such as a term which require me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was a Scottish case, Castaneda and Others V. Clydebank Engineering and Shipbuilding Co (1904) 12 SLT 498. Along with the English case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual or real loss.

Your charges appear to be nothing more than a lucrative profit-making scheme. Therefore I require you to refund my entire bank charges for the past 6 years, a total of [£ ]. I hear by give you 14 days to refund the charges back into my account. If this is not done within 14 days, I will be forced to take legal action.



Yours Sincerely




[Your Name]

Dicko&Vacant

iTrader: (3)

can someone let me know where i have to send it to? im with barclays, do i send it to my local branch or the actual bank headquarters?

Sarah

Damo V

send it to the address on your cheque book

Dicko&Vacant

iTrader: (3)

cheers will get is sent off A.S.A.P

Da Booga

Hmmm, very interesting.

Just spent a few mins totaling my bank charges for the last 6 years and it comes to over £2.3k

As long as the bank won't close my account after the letter i'll give this a try! At least it'll stop the worrying about paying for the wedding in August

Keep us informed guys

dave_y

iTrader: (4)

ah right fair enough then, crack on

incidentally HSBC have the lowest charges out of all the banks

@ £k's worth of charges!

Neil S

iTrader: (1)

Nice Work Damo

I prefer that to the other letter as it mentions case law

I'll try that once I've figured out how much I've been charged

Neil.

MWF

Not sure if it's been mentioned but on top of claiming back the charges you can also add 8%APR to them.

Looking on Money Saving Expert it seems quite a few banks are trying hard to get around paying out.

Matt

i wrote hsbc this one years ago

HSBC Bank Plc
Customer Credit Services
PO BOX 1321
Sheffield
S1 2UB


Account Number ***************

Dear Sirs

I am writing to you out or sheer frustration of being unable to speak to someone who can help me.

I have been a loyal customer of HSBC since 1997 and have a household total of three accounts with yourselves. I have recently found myself, for the first time ever, in a situation where I mistakenly went over my agreed overdraft limit.

After I received my statement I rang to ask if there was anything that could be done about the fees that you intend to charge me with. The first call I made I got told “there is nothing I personally can do, you need to speak to credit services”, he then tried to transfer me but a moment later came back to me saying “they are shut, ring back tomorrow, I cant give you a direct number, phone this one again and someone will transfer you through”. I was irritated by this but thought such is life as it was 7pm when I called upon my arrival home from work. In the morning, as instructed, I make the call back and explain the situation once more. The operator then put me on hold and spoke to credit services. I waited for the situation to be explained again to someone else only to be told “im sorry credit services will not take your call directly, they will conduct an investigation based on the details I have given them and call you back within 48 hours”. Rather different to what I had been lead to believe the night before.

Three days later after no return phone call I try your internet banking messages system. This time I do get a reply from a Neil Codd in Birmingham saying nothing more than a standard reply saying thankyou for my query and that it has been passed onto the relevant people who will be in touch. Great help, another failed attempt.

It does get better, let me back track a little....whilst on the first call I as good as get called a liar by someone unable to understand a cardholder not present transaction. There was a transaction on the 8th June to pipex internet for my monthly internet subscription. I did explain to the gentleman after being told that “it is a transaction that you have personally authorised”, that I was not present but still I get repeatedly told “sir that is not possible, you have personally authorised this, hence the charges”. Sorry but at this point tempers are starting to fray, I do actually know what i have and what I have not personally authorised better than anyone else so didn’t take too kindly to his attitude. I ended the call politely before I lost my temper.

As a loyal HSBC customer I feel I am owed treatment far better than I have received from yourselves. You mention in your letter that “you wont refund charges applied correctly” however on this occasion I would be very grateful if you refund the charges given that the circumstances you are quoting are incorrect. I await confirmation of this.

I have no wish to leave HSBC but being treated in such a manner is making me think twice about it to be frank. Unless we can reach an amicable outcome here I feel I will have no alternative other than to end all my dealings with HSBC and move my business elsewhere. This logic applies to this account, the related account *****, and finally my partners (Miss Cl......nobend ) account *******. This is not meant as a threat, I am simply informing you what will happen as a direct result of your recent actions.

To say I am dissapointed in your company of late is a huge understatement. I do not agree with your offshoring policy, it has not improved things from a customers point of view at all, things have gone downhill, all it looks like to an outsider is that you are quite willing to cut back services to the people who make your business what it is in favour of yet more profit, there is a point when enough becomes enough if the positives outweigh the negatives. My partner works as a business development consultant for Aviva Group, we have had this conversation many many times.

I have done as suggested in your letter and attached a copy of this document to your customer relations dept. so you can listen to my feedback.

Yours faithfully



Matt Bell

it worked, i got the money back and then closed all accounts and moved to halifax anyway

Ginge !

am i the only person who not only hasnt had a bank charge made against them but also dont have a over draft either and never needed one


ive only got a credit card as you need one at some point in life for booking hotels/renting cars ect



but my missus bank when we first got together


i recon theres about a monkey to be claimed back in all honesty but not sure if where too late

BlueSmoke

This is copied from the daily news email at my work this morning (Halifax Bank of Scotland):

Banks are facing a wave of claims for repayment of unfair penalties going back six years after the Office of Fair Trading ruled that all payments over £12 were unfair. Lawyers and consumer groups said the OFT ruling was a green light for customers to claim back all credit card, bank overdraft, store card and mortgage penalties that exceeded £12.

So it looks like we're game on boys and girls

Brasso

I've just been charged 60 quid for two returned direct debits! The missus paid £6 for a dvd of e-bay and paid via paypal and it used my bank account instead of my c-card for payment and there was no cash in it, and it tried twice to take it out

I'm with the Nationwide. Can I claim the fooker back? A 6 quid dvd has now cost me £66

St3V3_C

Looks like it mate, yes

SimonT

Banks "penalty" charges can be reversed. All you gotta do is ask them.

I've had £90 worth of charges reversed this year!

As well as getting out of paying Barclaycard £700!!!

I beleive in Karma though and expect me to be out of pocket £790 some other way!

SimonT

This should help:

http://www.bankcharges.info/

rsnutters1

copied and sent

sbd16v

i got charged £70 for the exact same thing last week

Neil S

iTrader: (1)

Well, my copy statements arrived yesterday - easily over 100 pages I'd say - looks like I'll be having fun with a highlighter tomorrow!!

Will keep everyone posted - does anyone else have any updates?

Neil.