The management of your bank account is something you have failed to do in a correct manner. Money that you have borrowed from the bank has been spent, leaving insufficient funds to pay direct debits and cheques. There isn’t even money in your account to pay the charges. Do you really think that you should be entitled to reclaim those charges made by the bank? You mismanaged your bank account, so why blame something or someone else?
Everyone spends money that is made available to him or her, via his or her bank accounts. So therefore you are to blame, to an extent. The fact is, that we all do it. In the past it was very difficult to spend money that was not in your account. Getting a bank to lend you the most minimal amount of money was a thing of extreme difficulty. Modern banking openly encourages the borrowing of money though. Tempting offers for loans and such, come through the post almost daily. These offers sometimes have unfortunate consequences though. The charges from the bank, when it all goes wrong, are often disproportionate, which leads to an important point:
Everyone spends money that is made available to him or her, via his or her bank accounts. So therefore you are to blame, to an extent. The fact is, that we all do it. In the past it was very difficult to spend money that was not in your account. Getting a bank to lend you the most minimal amount of money was a thing of extreme difficulty. Modern banking openly encourages the borrowing of money though. Tempting offers for loans and such, come through the post almost daily. These offers sometimes have unfortunate consequences though. The charges from the bank, when it all goes wrong, are often disproportionate, which leads to an important point:
There is no allowance for a penalty clause in English rule. If a £30 or £40 charge from the bank, for sending you a letter of notification of an unauthorised overdraft cannot be justified, then the fee is deemed a penalty.
Elaborate fees for returned cheques, overdrafts, standing orders and unpaid direct debits, all have the potential to be illegal.
Is there something you can do? It is actually free to claim those bank charges back. A list of such charges can be requested from your bank. Interest can be added to such charges, and a letter can be written to the bank, asking for a refund. Most banks will usually refuse, but lucky people do sometimes receive cheques. A second letter can then be sent, informing the bank that they have a certain amount of days to refund, or you will take them to a small claims court. You are unlikely to not receive a refund, should the matter be taken to court. The bank has to prove that charges made, were not penalties. A negotiable offer may be made by the bank, prior to a court hearing.
There are companies that work on a commission basis, and will handle such situations, should you not want to get embroiled in a dispute with your bank. The commission charged by such companies is generally around 25% of the eventual compensation. The fee is inclusive of court costs, which is something that requires consideration, in view of such situations rarely going to court.
A no win no fee basis is offered by certain companies. It is merely a case of shopping around. The greatest benefit of this is that you only pay, up until the time that you get your money back. Also, the company is more likely to maintain a healthy relationship with your bank, as it is not necessarily in the company’s interest to go to court.
If you feel it is in your interest to claim back your bank charges, then you should act quickly. It is rumoured that OFT (the Office of Fair Trading) are soon to set an acceptable level for the banks to charge. Once such parameters are set, it is likely that banks will seriously limit the amount awarded. If The ruling is set at £12 then the impact on claims is likely to be huge.
This article is written by Jonathan L Walker, on behalf of Claims Management UK, specialising in helping people to Reclaim Bank Charges