@askhalifaxbank BCOBS complaint over OD charges - does it work?

[lhmcr1]

I have read this and other posts on BCOB with interest, as I would like nothing better than to reclaim charges from and sort out reducing my Halifax overdraft.

I have read conflicting information about BCOB mostly about if it even covers overdrafts at all, some say these fall under the OFT.

I may look at claiming back charges under hardship rules.

I would be interested to know if anyone has actually been to court through BCOB and if they have, what the outcome was.

[dx100uk]

yes there have been successes

 

just type in

 

BCOBS

 

in our search in the grey toolbar top right

 

dx

[lhmcr1]

What about those who say it falls under the OFT's remit?

[lhmcr1]

I ask about whether the BCOB rules are applicable to overdrafts because while researching BCOB, I found a post on legalscenthound.info, which I am unable to post.

Which basically says not to get to excited.

Edited January 31, 2013 by lhmcr1

[dx100uk]

yes it does cover OD's

 

dx

[lhmcr1]

Have you read the post on BCOB on legalscenthounds.info dx?

If so, what are your thoughts on the arguments?

I have searched BCOB on CAG, most threads end with the OP being told to use BCOB regs, then the thread stops.

I have not actually found one where BCOB has been successfully used in court, unless I have missed something!!!

Edited January 31, 2013 by lhmcr1

[lhmcr1]

BTW, I don't want to cause arguments about who is right or wrong here, just some solid evidence that BCOB is relevant as both forums show all sides of the BCOB rules and if they apply.

I would just like to get things watertight if it goes to court

[dx100uk]

its actually in our newsletter today down the righthand side

 

dx

[lhmcr1]

Can't see the newsletter dx, on the mobile site at the mo, do you have a link?

 

Also what are your thoughts on this?

 

''In November 2008, the Financial Services Authority (FSA) issued its consultation paper

'Regulating retail banking conduct ofbusiness' (CP08/19).

 

On 24 April, the FSA reported on the responses it received to its consultation and published the final version of the BCOBS.

 

Currently, the Banking Code Standards Board monitors and enforces voluntary Banking Codes which govern banks’ day-to-day relationships with their customers.

 

*From 1 November [2009], retail banking will be governed*primarily by the FSA with some matters, eg overdraft charges, subject*to the jurisdiction of the Office of Fair Trading (OFT).''

[dx100uk]

http://em.jumbomail.org/display.php?M=553895&C=06fce408adee76c4cacd6d21a0507679&S=530&L=51&N=88

[lhmcr1]

And what are your thoughts about the opposite views of BCOB?

[dx100uk]

not interested

 

 

either you try it or not.

 

cant hurt eitherway.

 

dx

[lhmcr1]

O.K. Not quite what I expected, but that extract I posted above IMHO questions whether BCOB applies at all.

To a non legal person like me I was looking for some sort of reassurance that BCOB applies, something along the lines of "yes, it applies because of xxxxxx"

As I said, I have read the relevant BCOB rules but it may as well be in another language to me.

I just don't want to take it to court, pay the £60+ fees, only to be told that they do not apply.

As I said earlier, I am not here to cause arguments, just to be sure I don't waste my money on a non starter.

[dx100uk]

ok

why are you going to court ?

 

have you not yet asked them for them back using a bcobs conplaint. to the bank yet?

 

dx

[lhmcr1]

I have already played a game of verbal and letter tennis with the Hfx, which included 40 mins of going round in circles with their money management service and when I followed the CAG template for the "complain about Hfx new charges" they in round about way said "we have you over a barrel and there is nothing you can do about it"

That is why I think it will end up in court.

Yes, I should have acted sooner, just like with my Creation PPI and Egg/Barclaycard charges thread, but personal circumstances dictated otherwise.

There is nothing I would like better than to make progress with this and the other threads as it would make thing a great deal better, but despite my searching, researching and trawling the internet and such like, I am yet to find anyone who has had a successful claim after the FOS has said "No claim"

Obviously if anyone knows different I would love to hear about it.

[lhmcr1]

What concerns me are threads like this:

http://www.consumeractiongroup.co.uk/forum/content.php?829-Charges-successfuly-reclaimed-from-RBS-last-year

Whilst it's great that the person claimed successfully, the only comment under that thread, saying that his bank ignored his letter, got no response and was took no further.

[dx100uk]

If you're having Financial Difficulties, OC's have a duty to help you, imposed by The Lending Code - http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

See Section 9 and, in particular, para 224 onwards.

 

Write to OC telling them they have failed to treat you in accordance with The Lending Code and you want them to refund all interest and charges added to the account from [whatever date you feel you were having] Financial Difficulty.

 

Tell them, if they fail to refund within 14 days, you will take further action including a formal complaint to the FOS

and possible court action citing COB's - http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

If they fail to respond as required, we will help you reclaim all penalty charges added to the a/c plus interest.

 

If you don't have all your a/c statements, get them now using an SAR.

 

If you do have your statements, tell us roughly how much you've been charged in penalties and over what period of time.

 

nicked from elsewhere

 

dx

[dx100uk]

What concerns me are threads like this:

http://www.consumeractiongroup.co.uk/forum/content.php?829-Charges-successfuly-reclaimed-from-RBS-last-year

Whilst it's great that the person claimed successfully, the only comment under that thread, saying that his bank ignored his letter, got no response and was took no further.

 

that was a comment from another user not the person concerned in that blog.

 

now the backroom people have been busy

 

these might have already been found or mentioned

but i'll list all...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356039-Natwest-I-got-a-resolution!-Thank-you-BCOBs&highlight=BCOBS

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357376-Lloyds-TSB-relent-on-charges-under-threat-of-BCOBS-action&highlight=BCOBS

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361010-Charges-and-Fees-**refunded-after-one-phoncall

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?369961&p=4062351#post4062351

 

 

dx

[lhmcr1]

"that was a comment from another user not the person concerned in that blog."

I understand that dx, but the fact that no-one posted afterwards, something along the lines of "this is what to do next" is what makes me hesitant, just like going to court after an FOS ruling, I have searched for, but was unable to find any similar cases. I do not mean to sound negative, but as I said earlier, I cannot afford to spend £60+ in court fees if these rules don't apply.

And I'm sure you and others would agree that it best to do thorough research before jumping in feet first. It's just that through this research I have found arguments on both sides.

[lhmcr1]

Right then,

I have decided to get statements from Hfx to add up the charges, what charges can I claim?

I am also watching ineedofhelpman's Hfx CC thread with interest.

[fletch70]

To the best of my knowledge no one has gone to court with BCOBS so it is untried.

 

I did try it and got £95 back but that was out of charges of £500. They came back with a load of rubbish.

 

Frankly i do not believe it was BCOBS that did it. However giving it a whirl won't hurt.

 

Reclaiming bank charges is never a done deal these days so don't bank on that did(pardon the pun) . There are however rulings under the EU directive about supplying annual statements and terms.

[lhmcr1]

Well I am hardly surprised but the response from Halifax has been along the lines of "you have no chance and BCOB rules don't even come into it"

Back to the drawing board.

[lhmcr1]

Update on the above:

A change of direction from HBOS, I sent a letter to the CEO saying just what I thought,

(although I know these letters are never dealt with by the CEO)

quotin both TCF and BCOB rules.

I received a reply saying that the charges will be frozen for 6 monts then reviewed at that time to give me a chance to bring down the O/D. Unplanned charges refunded from Dec 2012, but no earlier.

A start.