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Many people
have told us that their bank has refunded charges (in full or in
part) after sending the 'Step 1' letter.
However, in
some cases banks have refused to provide any refund.
The reasons
given are typically - you agreed to the charges; they are part of the
terms and conditions of your contract; our charges are no more than
other banks impose; or that the Unfair Terms in Consumer Contract
Regulations cannot operate to restrict the free market and/or agreed
prices etc.,
Do not
despair. These arguments are ill-founded.
If your bank
refuses a refund on one of these grounds, please consider sending a
final letter. An example style rebutting the bank's standard
arguments is set out below. Remember to adjust the letter
to suit your particular facts
If you don't
get a response after 7 days, you should consider Step
3 - raising a small claims action for payment - - Step
3 (England, Wales or NI); Step
3 (Scotland). Alternatively, if you do not feel confident
raising a small claims action, or you claim is over the small claims
limit (£5,000 in England & Wales, £750 in Scotland,
& £2,000 in Northern Ireland) you can lodge a complaint to
the Financial Ombudsman Service.
The Ombudsman can require your bank to refund your charges.
However, if
you do raise court proceeedings you must be prepared to undertake all
of the work necessary to present your case - up to and including a
full evidential hearing. The responsibility for litigation will
rest with you alone.
Please note
we do not have the resources to advise on individual cases online.
If you are
successful in getting charges refunded, let us know at: mail@bankcharges.info. |
