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One Letter Could Win You Thousands

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By Cliff D'Arcy | 11 February 2008

Habitual Fool readers will know that, when it comes to tackling financial paperwork, I am one of the world's greatest procrastinators. However, I recently sprang to life when I realised that serious money was at stake!

It all started when my wife received the latest yearly statement for our mortgage endowment policy. Being a financial geek, I took the time to read carefully through this sheaf of paper. Fortunately, I spotted that we had until 5 December 2007 to complain about this policy if we believe that it had been mis-sold. In fact, we had less than a week to submit a written complaint before this deadline expired!

Anyway, this leads me into the first of five financial scandals which have robbed consumers of billions of pounds. If you've been a victim of any of these rackets, then you could be in line for compensation worth thousands of pounds. So, fight back and claim your damages today!

1. Mortgage endowment mis-selling

About three years ago, my wife received a letter from the provider of our mortgage endowment. It warned her that, thanks to high charges and poor investment returns, our joint policy was not on target. Indeed, it was likely to mature with a shortfall of over £25,000 on the sum assured, leaving us hugely out of pocket.

Like millions of homebuyers in the Eighties and Nineties, we were pressured into buying a mortgage endowment policy by a smooth-talking salesman. Although we were adamant that we wanted a safe, simple repayment mortgage, this adviser convinced us to have an endowment mortgage. He (falsely) claimed that this was sure to pay off our home loan and leave us with a handsome tax-free lump sum on top.

Thus, my wife complained to our life assurance company, arguing that we had been sold this policy under false pretences. Although the firm rejected most of our complaint, it was forced to concede that we were not given ‘best advice'. In fact, our original application clearly shows that, when asked if we were interested in buying an investment which might produce higher returns, but at greater risk, we ticked ‘No'.

Thus, we had the life company over a barrel, and they accepted our claim for damages. Within days, we received a cheque for over £4,500. Alas, this wasn't a genuine windfall. It was simply the compensation required to restore us to the position we would be in today if we had taken out a 25-year repayment mortgage, as we'd originally requested. So, all's well that ends well -- although we could have made our complaint three years ago, when we received our first ‘red letter' warning!

Could you win damages for a mis-sold endowment? Read Homeowners Win Endowment Compensation to find out.

2.    Mortgage exit arrangement fees (MEAFs)

Have you moved house, remortgaged or paid off your mortgage at any point in the past six years? Were you charged a fee for settling or redeeming your home loan? If so, then you may be in line for another payout. Here's why:

Mortgage lenders have massively increased their ‘mortgage exit arrangement fees' (MEAFs) in recent years, in order to boost their profits during the housing boom. For example, when I took out my first mortgage fifteen years ago, my contract stipulated that I would have to pay an exit fee of £50 or thereabouts when my home loan was finally paid off. However, when I parted company with the Abbey in 2005, it charged me a whopping £225 for settling my mortgage. What a cheek!

Happily, the greed of mortgage lenders has backfired on them, because they attracted the attention of the Financial Services Authority (FSA). The FSA took a dim view of this profiteering and, in January 2007, it ordered mortgage lenders to treat their customers fairly. In other words, it said they must only charge the fee they originally promised they would charge, in the original mortgage contract.

So, if you've paid a larger fee than you expected to pay when moving your mortgage, one telephone call, email or letter should secure a refund. If it doesn't, then threaten to take your complaint to the Financial Ombudsman Service (FOS). That should do the trick!

More: The Fool's Guide To Reclaiming Mortgage Fees

3. Credit-card fines

Once again, the villains of this piece are the banks, building societies and other lenders. However, this time, our knight in shining armour is the Office of Fair Trading (OFT). In April 2006, the OFT ruled that the penalty charges levied by credit-card issuers were unfair. In other words, the £20 to £30 which card firms fined cardholders for missing payments, paying late, or exceeding their credit limits was a rip-off. After this announcement, card issuers reduced their charges, with no company charging more than £12 per offence today.

Therefore, look back over your credit-card statements for the past six years. If you find that you've been fined more than £12 a time, then make a formal complaint to your card issuer. Aim to get the full amount refunded, rather than the difference between the fine and £12. After all, an unfair charge is an unfair charge, so you should demand repayment in full.

By the way, don't be put off by allegations that these complaints are on hold pending the result of the OFT's court case mentioned below. This is untrue, as this court case only applies to bank charges for unauthorised overdrafts, not credit-card charges.

More: The Ultimate Guide To Reclaiming Bank And Card Charges

4. Unauthorised overdraft charges

It's not only credit-card firms who have been penalising borrowers. Banks and building societies which provide current accounts have been trying the same scam. Indeed, if you go overdrawn without permission, you can expect to be fined £25 to £40 per offence. So, for example, going overdrawn and having three automated payments rejected could leave you perhaps £150 out of pocket.

Frankly, this is nothing short of scandalous. As an ex-banker, I know that the true cost of these infringements should be measured in pence, not pounds. Hence, the OFT is currently engaged in legal action against eight banks, in an attempt to prove that these charges are unfair and illegal.

Alas, this ongoing legal battle means that the outcomes of all fights involving the repayment of overdraft fees are on hold, pending the judge's decision. Nevertheless, I'd urge you to make a complaint to your bank, asking for repayment of all unauthorised-overdraft fees incurred over the past six years. At the very least, this puts down a marker, and you can then pursue your claim when the OFT wins its case.

More: Bank Charges Claim Versus The FSA and What's Happening With Bank Charges?

5. Payment protection insurance (PPI)

We end with one of my personal pet hates: payment protection insurance. Although I've campaigned against this rip-off cover for five years, lenders still sell millions of these swindling policies each year. You may have been mis-sold PPI when taking out a personal loan, car finance, mortgage or credit card. For more information, read The Greatest Rip-Off Rolls On.

If you believe that you've been mis-sold PPI, then make a written complaint to your lender. If it rejects your grievance, then ask for a ‘deadlock' letter so that you can escalate your complaint to the FOS. For more information on winning your case, read Reclaiming Rip-Off Insurance Premiums.

Finally, if you feel that you've been given poor advice, sold a pup, or taken for a ride, then do exercise your right to complain. As the old expression goes, "the squeakiest hinge wins the grease", so don't give up without a fight!

More: Find a Best Buy credit card, mortgage or current account via the Fool | Double Your Savings Rate Today | Don't Worry, Be Happy!

Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool.

At 15:43 on February 11 2008, kayanoreeves said:

At last a good article well done! :)

At 08:02 on February 12 2008, laalaa41 said:

I get the sense there's almost a "war" going on. As impeccably polite as I've been when I've made my first enquiries - I find the tone of the bank especially positively frosty. For me, any hope of any kind of cooperation has just flown out the window. First advice is - get another bank account because from now on - I cant trust my own bank any more. 3 direct debits came off my account wrongly - I ended up with £233 in charges and despite all the evidence that I'd changed them - the bank manager point blank refused to remove the charges again. Which leaves me about £60 to live on for a month.

At 08:33 on February 12 2008, afisk said:

So what this all adds up to is that sensible customers will end up having to pay for the "compensation" to clowns who overdraw their account or sign mortgage agreements without reading them.

At 09:11 on February 12 2008, tomspaul said:

I keep seeing comments like afisk's but there is no logic in this. Banks are hugely profitable. If they are forced to stop making unfair charges they should not be allowed simply to claw such revenue back from good customers and hopefully in order to compete in the market they will not be able to do so. The FSA should ensure that they suffer in terms of their profits instead. Few of these charges could ever be seen as fair or reasonable. They are hitting at a soft target unfairly hard and they must be stopped.

At 09:22 on February 12 2008, Nicodemous said:

I am amazed and appalled at LaaLaa41's situation. Just which bank has done this ? Surely that can't be right ? Perhaps Motley Fool can help...

At 09:28 on February 12 2008, SMACKETT said:

If we all knew which bank LaaLaa41 used, those Motley Fools who used the same bank could put on pressure by threatening to move our accounts to another bank which doesn't make these ridiculous charges. We have the power!

At 09:54 on February 12 2008, DryIce7 said:

Isn't there such a thing as a Direct Debit Guarantee? If they came off your account wrongly then that's not your fault is it! Bust some balls...

At 09:56 on February 12 2008, morrellp said:

Afisk is exactly right. I look after my own finances and do not get sucked into these problems. Why should I pay indirectly for those that do?

At 10:04 on February 12 2008, cornishminer said:

What ever happened to the code of practice that banks pledge to customers when direct debits are used. If you have documented copies of cancellations, alterations or amendments that were presented to the bank, take them to citizen's advise or involve the ombudsman at the FSA.

At 10:09 on February 12 2008, babyboaty said:

I ended up reclaiming my bank charges with the Halifax, and now I'm treated like a peasant by them. I was told that if I miss any more direct debit payments, then the bank will consider releasing me as a customer and closing my account......a tad unfair given that their charges were unlawful in the first place. Needless to say I have opened up a new account and shall soon be taking my business elsewhere.

At 10:22 on February 12 2008, pignut100 said:

I agree with Afisk - it is the responsible people who are going to have to pay for the irresponsible again.

At 10:38 on February 12 2008, onetrackminds said:

Once upon a time all customers paid for banking transactions, the concept of so called 'free banking' has always been a myth. The difference is that nowadays, rather than paying a specific charge the bank sneaks the money from the customer in the guise of either charges to his or her account or a reduction in the rate of interest on their savings. Whilst for most people consulting the fool the latter isn't an issue as they will move their savings the banks rely on the savings inertia of those who do not realise and those unable to rectify the situation. I give the example of my greatgrandmothers accounts which had a substantial sum invested and expected interest at 4%. The rate was reduced to 0.95% without her knowledge (because of age and infirmity she never visited the branch and consequently did not realise). During the same time period the bank in question set up SAM mortgages (from which investments they recouped in excess of 500% interest as house prices rose)and lent out money at a rate of around 6%. Banks do not need to charge customers because people are reclaiming charges; they choose to charge in order to keep their large profit margins whilst providing an increasingly naff service.

At 11:03 on February 12 2008, gulliblejack said:

Luckily my mortgage is paid off so I'm free of these problems and probably too late to claim for any swindles I was subjected to years ago. Two incidents remind me of how bandks and building societies treat their customers: The first was when Direct Debits first appeared. I had a mortgage with Abbey National and agreed to pay by Direct Debit. I was paid four-weekly at the time so the day the mortgage payment was taken was important. Despite repeated complaints, (DDs were not controlled the same way as they are now) Abbey National persisted in taking my payment early so that on occasions they took two payments out of one salary. This put me in the red at the bank (Clydesdale) which gave me free banking provided I stayed in the black. Once in the red I was automatically landed with bank charges for every transaction for the past three months, which kept me in the red - more charges. I eventually cancelled the DD and changed my payment to a Standing Order, which was under my control. Abbey made no comment - they obviously realised they were in the wrong. I got no apology. The second swindle was when the bank made a mistake and paid someone else's cheque out of my account. They admitted it was their mistake (once I had pointed it out to them) and said "We'll try to get the money back for you" Try to get it back? My next question was "Explain on what authority you took money from my account?" This was greeted with a silence and the money was paid back right away. The point is that the bank was prepared to go for an obvious try-on rather than admit their responsibility for the error and put it right. Are there any ethical banks? Point me towards one, someone, please.

At 11:09 on February 12 2008, holmer55 said:

Why are so many people being coy about naming the banks involved? Spare a thought for other Foolish investors, who can benefit from your experience, & 'name & shame' those banks. It is the only language they seem to understand.

At 11:31 on February 12 2008, valcane2 said:

Dear holmer55 and others They did just this on Watchdog last night, though how scientifically valid the poll of viewers was I wouldn't like to say......... VC

At 12:10 on February 12 2008, LittleSmudge said:

Yes DryIce7 there is "such a thing as a Direct Debit Guarantee" but it isn't worth the paper it is written on becuase all it says is that the bank will repay the amount. It does not say when or even imply how quickly. It took me 6 months to get an incorrect payment to Amex returned to my Barlays current account a few years ago. I'm under no illusion that any other bank would respond any quicker.

At 12:54 on February 12 2008, algazr said:

Smakkett (& to some extent Holmer55) make a very good point: as individuals, we are much much weaker than we are as a (large) body. If unethical companies were named and shamed, and we, the mass consumers, boycotted these companies, I'm sure that they would think twice before continuing along their present paths. The demise of straight dealing is greatly to be lamented - but at least we can fight back!

At 13:36 on February 12 2008, LandOfConfusion said:

Really? "If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid" Source: http://www.bacs.co.uk/BACS/Consumers/Direct+Debit/Your+rights/

At 13:42 on February 12 2008, easylivingforme said:

I am to some extent sympathetic to people who'