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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?

537 replies

tigermoth · 23/04/2006 08:49

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?

OP posts:
waterfalls · 23/04/2006 13:31

Going to show dh this, he is terrible with money and always getting charged, he has paid over &700 in the last 3 monthShock each charge is £39, which usually sends him overdrawn, so he is then charged another £30.

Creole · 23/04/2006 13:53

auntyquated - where is letter two?

auntyquated · 23/04/2006 15:30

letter 2 ....

Letter Two
This letter politely tells your bank that you are a loyal customer and you want to be paid back default charges (on unauthorised overdrafts and unpaid direct debits) applied to your account in the last six years.
Check through carefully and insert your personal information where indicated in red.
If the bank refuses, a stronger letter is the next step (see Letter Three).
Remember to delete this box before you print out your letter for the bank.

[INSERT TODAY’S DATE]

[INSERT YOUR HOME ADDRESS]

[INSERT THE NAME OF YOUR BANK]
[INSERT THE ADDRESS OF BANK]
Re: Default charges on account number [INSERT YOUR ACCOUNT NUMBER]
Dear Sir/Madam,
I refer to default charges which have been applied to my account by [INSERT THE NAME OF YOUR BANK], amounting to [INSERT THE FULL AMOUNT OF THE BANK CHARGES].
I have been a loyal customer of [INSERT THE NAME OF YOUR BANK] for [INSERT THE AMOUNT OF TIME YOU HAVE BEEN A CUSTOMER WITH YOUR BANK]. I have always maintained my account well and believe that the charges applied to my account do not reflect the cost to the bank of my account going into unauthorised overdraft.
I therefore ask that you repay the amount of all these charges, [INSERT THE FULL AMOUNT OF THE BANK CHARGES].
I am happy for you to contact me on [INSERT YOUR TELEPHONE NUMBER] to discuss the matter.
Yours faithfully

[SIGN YOUR NAME]
[TYPE YOUR NAME]

tigermoth · 24/04/2006 08:21

bump for Monday morning people

OP posts:
MrsWednesday · 24/04/2006 09:06

This is so useful thank you. Just got a text from my bank and they've taken over £100 off me in charges over the weekend. Will get on the case straight away.

Frenchgirl · 24/04/2006 09:13

thanks for this, I'm with Barclays and they are sooo good at getting you for £1 unauthorised overdraft, will definitely have a go at them!

batters · 24/04/2006 09:47

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Message withdrawn at poster's request.

SparklyGothKat · 24/04/2006 10:03

OMG In the last 6 years I must have been charged hundreds, none in the last year though. So I just write to my bank and they have to refund the charges?? If they refuse you can take it further??

Greensleeves · 24/04/2006 10:10

Has anyone actually got any money back yet? Are the banks being reasonable, or will it be a fight?

Creole · 24/04/2006 14:20

Check out this website there are loads of people who have been refunded.

\link{http://www.consumeractiongroup.co.uk/forum/index.php\refunds}

Greensleeves · 24/04/2006 14:40

DH has just been to ask about this at Natwest (they would have to give us quite a lot back) and they told him as far as they are concerned no such ruling has been made.Angry

Creole · 24/04/2006 17:01

Check out that link I posted, they have a natwest group there and loads of people who have taken action or have received some form of payment.
There is a wealth of advice on that site, worth going through it and using the letters/templates provided - everything is there on how to claim.

Go for it.

zippitippitoes · 24/04/2006 17:06

good grief creole can't beleive the numbers on that link..interesting

ks · 24/04/2006 17:14

This reply has been deleted

Message withdrawn at poster's request.

batters · 24/04/2006 17:59

This reply has been deleted

Message withdrawn at poster's request.

ks · 24/04/2006 18:01

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Message withdrawn at poster's request.

SparklyGothKat · 24/04/2006 18:05

wow have just been on that site, barclays are offering half back to many people. I am going for this... I must be owed hundreds, if not in the low thousands

beckybrastraps · 24/04/2006 18:08

I think I must have the nicest bank manager in the world! We accidentally went over our agreed limit, and they sent us a letter saying they had extended the limit temporarily, please don't do it again. No extra charges. Clearly this is not the norm!

NotAnOtter · 24/04/2006 18:09

jesus i will be rich!

SparklyGothKat · 24/04/2006 18:19

Its say that on that site that barclays are offering 50% straight off, but people are being told to take it further. What worries me is what happens if they do take it further, I couldn't afford court cost..

batters · 24/04/2006 18:46

This reply has been deleted

Message withdrawn at poster's request.

Ledodgyherring · 24/04/2006 18:51

This is fascinating my dp is going to send a letetr off tommorrow we must be owed thousands.

ks · 24/04/2006 19:10

This reply has been deleted

Message withdrawn at poster's request.

girlsmum · 24/04/2006 19:14

Does this apply to Business Accounts too?

hunkermunkfish · 24/04/2006 19:17

Are people writing to ask for a list and possibly paying a tenner for it or are you all going through statements?