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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:
ks · 24/04/2006 19:19

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Message withdrawn at poster's request.

tigermoth · 24/04/2006 19:25

I'm writing to ask for a list. Having asked the original question I now have the courage to do this spurred on by the responses here :) Good idea batters for everyone to keep post about their bank's responses to the letters.

Very heartening to read that barclays have already offered 50% of people's money back. It looks like they are taking this ruling seriously. Boo to NatWest though - what tossers!

Ks I bet your letter to the bank will be a fine example of eloquence and correct use of grammar.

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ks · 24/04/2006 19:41

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Toots · 24/04/2006 20:23

Am v thick about money, which is why I think I should deffo follow this up.

Am I looking for refund on anything over the £12 that's deemed fair? Or on all charges?

busybusybee · 24/04/2006 20:30

Wow so grateful for this link I should get quite a lot back. Though Im worried because my claim will be with Natwest which someone else on this thread said refused to honour the request.

Can they refuse?? I thought they had to pay up!

expatinscotland · 24/04/2006 20:33

Halifax probably won't give us FA. It's not even worth writing them, I think. Just a waste of paper. I've been ripped off by them and PayPal by a rogue buyer.

I feel like I've been ripped off in one way or another most of my life.

ks · 24/04/2006 20:33

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Message withdrawn at poster's request.

expatinscotland · 24/04/2006 20:35

They're always offering us loans. To pay them back. LOL. Fuckers.

Creole · 24/04/2006 20:47

I think it would really help, if you read all the advice, faqs and step by step thingy to get all the information you need.
I am giving myself 2 days to "educate" myself and then start the ball rolling.

Someone ask about court fees: from what I read so far they are really minimal - about £30 -£120 (£120 for claims over £1500).

Please read all the advice before making a claim, these banks are very clever and probably have the best lawyers to scare people off.

Best.

MrsSpoon · 24/04/2006 20:48

My DH did this the other week, I thought it was just another of his daft ideas but if it is in the Telegraph it must be true. Smile Not heard back from them yet but should be due for a fortune in reversed charges.

tigermoth · 25/04/2006 07:35

ks, exactly - what is this 'free' banking - never been free for me.

bumping this for Tuesday people!

OP posts:
tigermoth · 25/04/2006 07:39

expat, seriously, aren't you even going to try? It's only the cost of a stamp and possibly £10.00 if you need the Halifax to supply you with a list of charges. Halifax was quoted as having the highest charges of £39.00 per default, so if you are successful, you'll be owed the most money per transaction.

OP posts:
ks · 25/04/2006 10:01

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Message withdrawn at poster's request.

expatinscotland · 25/04/2006 10:19

nope, i'm not going to bother, tiger. it's a waste of time.

zippitippitoes · 25/04/2006 10:21

expat i would have thought you would have been in the vanguard with a claim...isn't it worth it to get your own money back?

expatinscotland · 25/04/2006 11:03

i won't get it back, zippiti. i know what they're like. i'd change banks if we weren't £1150 into overdraft w/them.

tigermoth · 25/04/2006 12:58

just sent off my letter by recoded delivery requesing charge data....

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trix1 · 25/04/2006 15:50

Ive sent a letter to abbey requesting details of all the charges Ive paid over the last six years - I did not sent it recorded or send £10.00

Do you think I shold resend it with £10.00 and send it recorded?

ks · 25/04/2006 18:18

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auntyquated · 25/04/2006 22:26

you have left me all behind..Blush
i haven't done anyhting yet!!

SparklyGothKat · 25/04/2006 22:28

I've printed my letter, but haven't posted it yet.

auntyquated · 25/04/2006 22:28

and i'm going to try with the halifax...were they mentioned on that website?

PiccadillyCircus · 25/04/2006 22:33

Me neither Blush.

tigermoth · 27/04/2006 22:53

The Woolwich replied to my letter asking for a list of charges!

Ok I know it's just a standard letter, but at least it's something. It says "We would like to explain what happens next regarding your enquiry. We have taken responsiblity for fully investigating the issues you have raised.' A bit confusing and clunky, but it's a start.

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schnapps · 27/04/2006 23:09

Very interesting thread! If you don't have bank statements that go that far back, is there a way of finding out what fees you've paid on an account during the last 6 years? Will the bank give you the details if you ask?