Unlawful Bank Charges
We can still claim back bank charges if you are in financial hardship
Claiming back unlawful bank charges is not as simple as it used to be due to a Supreme Court ruling, though if you have serious debt problems there is a chance they can be refunded, as debt management experts we can provide no-obligation advice on debt.
To claim back unlawful bank charges, you will first have to go through the standard complaints procedure with your bank or building society. If this complaints procedure is exhausted and you have a letter of deadlock that states your bank/building society won't be refunding the charges, you are then free to contact the Financial Ombudsman Service (FOS).
However the FOS will only look at complaints about unlawful bank charges in the following circumstances:
If you are in financial hardship
If you can prove you have problems with debt and are struggling to meet your priority debts such a rent, mortgage, utility bills, council tax etc. and you are living off credit, you are likely to qualify as being in financial hardship.
If the charges are disproportionate
An example of this would be if you had gone into your unauthorised overdraft by £3.00 but are charged £35.00 for doing so. The FOS are likely to look at this, however if you do this regularly, you are less likely to succeed.
You have charges upon charges
If you find you are having charges upon charges and you are never clearing your overdraft before new charges are added on, the FOS should look at this.
If you are claiming back unlawful bank charges because you are struggling with debt, debtsmart can help. Our Financial Solutions Advisors are debt management experts who can provide no-obligation advice. Contact them on 0800 for a no obligation financial assessment or if you are not free to talk right now, request a call back.
