Did you know that bank charges of more than £12.00 have been ruled as unfair by the OFT and you can claim your money back? And your claim can cover the last 6 years?

[tigermoth]

I've cut and pasted the article that appeared in Telegraph money section:

Get your money back from the bank

The Office of Fair Trading's ruling that bank penalty charges of more than £12 are unfair could spark a flood of complaints from customers seeking compensation for unjustified charges over several years.

Earlier this month the OFT ruled that penalty charges for late payments on credit cards, unauthorised overdrafts, unpaid direct debits and standing orders and missed payment fees on store cards and mortgages were deemed unfair if they exceeded £12.

Last weekend, this paper revealed that this could lead to redress for bank customers who have been erroneously charged for the past six years.

The OFT's initiative strengthens the case of anyone who has seen penalty charges automatically deducted from their accounts after falling foul of bank and building society small print. As with any legal proceedings, there is not a 100 per cent guarantee that you will win, but lawyers and consumer groups reckon the OFT's position means judges will be far more likely to accept arguments that penalties of more than £12 amount to unfair contract terms that cannot be enforced.

The process for reclaiming the unfair charges from your bank is straightforward.

First your bank is obliged to supply you on demand with a list of all charges you have paid in the past six years under the Data Protection Act. You then need to write demanding the bank repays the unfair charges. If that is not successful, you can take the matter further by either going to the small claims court of the Financial Ombudsman Service (FOS).

More details on how to claim and pro forma letters are available on the website of Which?, the consumer group.

"Claiming back these unfair charges from the banks is a relatively straightforward process," says Emma Bandey, a personal finance campaigner at Which? "These charges are nothing but an easy money-spinner for the banks."

I am thinking of doing this. What a windfall if I am successful!

But I am worried about something. If I push for this, and my bank give me my money back, is there a risk that the bank might start to get difficult with me? I don't want them to mysteriously refuse to send me a new cheque book, refuse to extend my overdraft limit or refuse a loan. Do you think there is a risk that banks might start doing this to customers who claim their charges back?

Should have said, my bank is Abbey (or SHAbbey, as they call it on the consumer action website lol)

We are doing this too, we have just issued our 'Letter before Action' to the Halifax. The website that dh is using is wonderful, Can't remember what it's called, i'll get him to post it later.

BUT BEST OF ALL.................

He wrote one letter to Barclaycard asking for his charges back and quoting all the legal stuff and they have written today offering the full amount back!!

Ok so it's only £60 compared withthe £1100+ we are asking from the Halifax, but it's a start

Just read Emsiewill's post and it's the same website - can't recommend it highly enough

With this - is it going to go against me at a later date when I try and apply for a mortgage (obv won't use the same bank...)?

I have the letters all printed out, but am very nervous of sending them and wrecking my options for the future

Has anyone had experience with the Bank of Scotland?
I've just handed my letter in and await their response !

Hi you guys
Just got my letter with "goodwill offer" (pah!) of £300.. this is for total bank charges of £720 which I was claiming. I am v.tempted to accept. After all it's getting on for half the amount I asked for, sort of.. I know people who have had a much smaller percentage offered..

What do you think? I could really do with £300 at the moment.. but I know they are taking the piss really, I mean "goddwill" my backside! If they weren't liable, they wouldn't be offering me a bean as we all know..... I know it's my decision.. just wondered what you thought though..

SJ x

bump

sleepjess - I accepted the half offer that Abbey made to me (£300 vs £600) as I was a bit stressed. However, with our main account at Nat west, I am going all the way as that's about £1200 which would help hugely at the moment. I got quite a scary defence thing from their lawyers which I have just responded to and am filing my allocation questionnaire with the court today. Yikes. If you're prepared for a bit of form filling and hassle then hold out, but I can totally understand you wanting to take the money and run!

Emsiewill - have you heard back from Abbey yet?

I have been waiting since April to receive the bank statements from Abbey. I have made numerous requests to no avail, does anyone have any advice on what I should do next?

Sleepyjess - I'd hold out if I was you. Not sure where you are up to in the process but if they are offering that much I am guessing you are quite a long way along?

I know issuing a Moneyclaim seems a massive step, but we will certainly be doing that within the next fortnight (presuming Halifax haven't paid up by then of course).

Like others on here I can only recommend Consumer Action Group for help, advice and tremendous support. And remember - the banks have still not actually gone to court to defend a claim for repayment of charges (if thats a worry).

Hang in there...

I haven't heard from Abbey yet - they have until 2 weeks tomorrow to do something. I'm pretty sure they will do something, from what I've seen on the Consumer Action group, they always seem to enter a defence, so no doubt I will be filling in my allocation questionnaire some time soon.

I will keep you all posted though.

And my advice to people who have been offered a "settlement" is not to take it and continue going for the full amount. You might as well, you've gone this far...

Just got £1640 from RBS!!!! No fight - just took 2 letters and a very friendly phone call! RESULT!

Good to read someone claimed fees from barclaycard - Can I claim money from closed credit card accounts as I have just switched?

Mumgonemad, My RBS claim was from a closed account - asked for £2k back and got £1640 without a fight. Worth a try.

we are going through this with our bank but in the mean time they sent us a fine for 30 quid for being 10 over drawn hilarious!

ok, just emailed LLoyds asking for £2000, mainly cos they're still seeing fit to charge us £30 per time for being £1.21 over drawn wish me luck - just hope now they don't close the account down! would be happy with half of that amount, if it was on the understanding they would only charge us £12 a time in future - as I understand it thou the banks are putting conditions ont he repayments - ie u can have your money but cna't calim again. (not that I intend to be charged in future)

I'm doing it with the halifax. it's not much really as I am quite careful, only 300.00 over 6 years.
I think they will give back.

Hi we have received a letter from MBNA credit card today saying they have credited £400 to our account as a goodwill gesture (claim was for over £900).

Do we accept this? And has anyone else had it credited to their account before because we don't even have the card anymore we cut it up so can't use it so how can we get money back?

Any advice would be gratefully received!!

Anyone?

I wouldn't. 'Good will gesture' is shorthand for 'you've got us bang to rights, please let go of the short & curlies'.

But then again - the banks are currently caving in because it's in their interests to keep this quiet(ish) & have no test case. Eventually, enough people will be after them that they will HAVE to fight; if you don't want it possibly dragged out, you could maybe take the £400.

Judgement call basically. I would reject the offer, myself.

i contacted my bank, lloyds tsb 2 weeks ago by way of a letter asking thwem to detail all my bank charges over the last 6 years, it will be a while before i hear as they have 40 days, however, am bracing myself for a shock.

Thanks Olivia, I was hoping to reject the offer because its less than half of what they owe me back. What do I put in my next letter as a rejection of the goodwill 'gesture' and I want the full amount back does anyone know?

God,this thread is such heartening reading.
The bastards have been milking people dry for years.

not heard anything from the lloyds yet - time for a second email?(sort of a did u get my first email type thing)