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Get £500 For Pain Caused By Your Bank

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Is It Right To Reclaim Bank Charges?

Published in Your Money on 29 May 2008

If you feel you've been treated unfairly by your bank, lender, pension provider or other financial company, there's a simple but effective way to get your money back, plus up to £500 in compensation.

If you have a dispute about a financial product, your first step is to try and resolve it with the provider. If this fails and you still feel you've been wronged, it can't hurt you to go to stage two: contact the Financial Ombudsman Service (FOS).

The FOS is independent. It looks at your case for free, and your name and personal details are not made public. (The FOS tends to refer to people as Mr. G, Mr. L and so on. I think they could be more imaginative, like in Dav Pilkey's unbeatable book. That would make writer Cliff D'Arcy ‘Mr. Buttercup Bubblegorilla' and my editor ‘Mr. Crusty Toiletbuns'. It would also make reading the FOS' updates less dry for us writers.)

The FOS will first ask the financial company to respond to your complaint against it, and then it makes a decision that is binding on the financial company, but not on you. If the FOS takes your side, it can order financial companies to apologise and reimburse you. It's also not unusual for it to order the company to compensate you for distress or inconvenience. This is typically £150 to £500.

The following table shows how often complaints are settled in the customer's favour, and how often the FOS' decision is a mixed result for the customer and the business:

Upheld FOS Complaints By Product (April 2007 to March 2008)

Complaint

FOS agreed with the customer

Mixed outcome

Current accounts

84%

4%

Credit cards

79%

7%

Motor insurance

47%

4%

Payment protection insurance

45%

2%

Unsecured loans

37%

7%

Buildings insurance

35%

6%

Stockbroking, and portfolio and fund management

35%

6%

Travel insurance

35%

3%

Contents insurance

33%

4%

Other banking services

32%

16%

Whole-of-life policies and savings endowments

32%

8%

Investment bonds

32%

6%

Medical insurance

32%

1%

Mortgage endowments

32%

0%

Mortgages

30%

8%

Savings and deposit accounts

28%

12%

Personal pensions

16%

2%

*Note that the excellent figures for current-account and credit-card complaints is probably due to the large number of successful claims last year for penalty charges.

How the FOS typically helps

Here are some example complaints that have been upheld by the FOS recently:

ATM scam

Mr. A tried to withdraw cash but the screen failed to work. Shortly after, a crook used his details to withdraw two lots of £300 from two different machines. His bank refunded him £300, but said that he was negligent so didn't refund the second £300. Mr. A complained to the FOS.

On investigating, it found that he should be refunded, and ordered the bank to do so. It also ordered the bank to pay £100 compensation for the distress it caused.

Foreign credit-card purchase

Mr. B made a purchase for €291.80 and kept the receipt. However, his credit-card statement showed a transaction amount of €2,918. Mr. B swiftly reported this, but the card provider refused to refund him.

The FOS said that due to the particular factors of this case Mr. B should be reimbursed. It also ordered the company to pay £250 for the inconvenience caused.

Extended warranties

Mr. M arranged to have damp-proofing on his house, but nine years later he discovered that the property had been suffering from recurring damp. His extended-warranty insurer refused to cover him because he could just provide copies of the damp-proofing documentation supplied by the builders. The policy demanded that Mr. M provide the originals.

The FOS found that the insurer should firstly have made this requirement much clearer in the policy documentation. Secondly, it found that the insurer was unfair to demand originals when there was no real doubt that Mr. M was entitled to the benefit of the policy. It ordered the insurer to deal with the claim and reimburse Mr. M for the administrative fee it had charged him.

How fast is the FOS?

Last year the FOS settled over half of mortgage, banking and insurance cases within three months, and half of endowment cases within nine months. That's OK, I think.

However, the FOS today announced statistics for last year, and it handled record numbers of enquiries and complaints. It had almost 800,000 initial enquiries, 120,000 of those became complaints for the FOS to resolve. This is up 30% on the previous year. Therefore, if complaint numbers continue to grow and the FOS doesn't hire more people, the service may get slower.

If you find the FOS is too slow, or if you don't agree with its decision, you can take the financial company to court. You can even take the company to court at the same time as making a claim through the FOS. However, if you accept the FOS's decision and any settlement based on it, you can't then take the financial company to court for more.

If you have a complaint that you feel has cost you money, and the company has rejected your complaint, I recommend you approach the FOS. However, please bear in mind that the FOS does not at present deal with claims regarding bank charges. The Financial Services Authority, which oversees the FOS, has ordered it to hold off until a big court case on this matter has been resolved. At present, the banks are appealing the latest court judgment on these charges, so this could be dragged out for some time.

Good luck,

Zippy Barfbuns (aka Neil Faulkner)

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

parkvale1 30 May 2008, 5:00am

I had a bank charge case with the FOS in 2004
They ruled against me, because it was to complicated. Yes in some cases as has been shown they are the consumers friend, but they are funded by the banks. Taking a bank to court ? If not in the small claims court you could face thousands in costs. The FOSneeds to be more transparent.

carpii 30 May 2008, 7:15am

On the subject of car insurance, if you have a dispute with your insurer that cannot be resolved, it is often worth explaining that you intend to contact the financial ombudsman over the matter.

Evena simple referral to the ombudsman incurs steep costs for the insurer, and so naturally they will be keen to avoid this, and often try harder to reach an agreement.

Tessadragon 30 May 2008, 7:27am

This year i had to close my debit account because the bank appeared to be taking amounts of £20 from my balance at intervals, saying misty things such as "you went overbalance a few months ago so we're taking it now", even though i'd sorted that out months ago. I don't know if i'm really able to report that kind of thing though.

cityflyer 30 May 2008, 8:07am

The Ombudsman service is either seriously inefficient or seriously understaffed. I asked them to look into an unresolved complaint with a Life Assurance company in September 2007. It was for £600 that was missing from a payout.

Every month I get a letter saying that they have been too busy to allocate anyone to investigate my complaint.

Months later.....I'm still waiting. I won't hold my breath.

Dhahran2001 30 May 2008, 9:11am

Should we infer that when the "FOS agreed with the customer" percentage plus the "Mixed outcome" percentage is subtracted from 100 the resulting number is the percentage of complaints where the FOS agreed, presumably completely, with the business (Bank, insurer, financial institution)? If so, all but the top 3 lines are revealing!

mindreider 30 May 2008, 9:17am

All these increases in complaints about banks, are they as a result of all the press comments about the unfairness and the need to complain. If so, are these numbers not distorted, and so such comments should be made.

ss770640 30 May 2008, 9:53am

The FOS cannot force the bank to pay up. It is purely a gesture of goodwill. My travel insurance company failed to pay up in my opinion, what is a serious and valid claim.(i broke my back with permenent results). Lawyer recomended FOS can take up to 9 months simply to issue its recommendation. Funnily enough the insurance company said i should complain to the FOS. Instead i'm taking them to the courts. there is nothing worse than a toothless dog that negiotiates a mere £500 compensation when e.g you've been misold a mortage and its costed you £1000's in interest, fee's, lawyers and inconvience. take them straight to court and let the judge decide.

inscotland 30 May 2008, 10:00am

Shame I wont be able to use the FOS to claim money back from people who cant manage their own finances. I dont go overdrawn, operate my accounts properly and as such dont pay penalties for being financially irresponsible. If bank charges are refunded and compensation (get a grip compensation for what???!!!) then people like me will end up paying a monthly fee as banks have to make a profit from somewhere and cover the costs of monitoring those who cant run a bank account. I'm going to take a guess that this post wont be popular, as MF just seems to take the view that individuals have no responsibility in this matter.

TMFJoker 30 May 2008, 10:36am

So my name would be Mr. Snott Pizza Chunks. I like it :-)

TMFVertigo 30 May 2008, 10:54am

ss770640, the FOS is not toothless. It's surprisingly powerful for an ombudsman. It is extremely unlikely that your insurer would refuse the 'recommendation' of the FOS. It just doesn't happen.
Neil (the author)

TMFVertigo 30 May 2008, 10:57am

Hi Dhahran2001

Yes, that is correct. If I had realised there would be any doubt about that then I would have spelled it out.

Are you suggesting that it's not worth complaining if you have just, say, a 35% chance of victory? Even though the FOS is free?

Neil (the author)

maleanon 30 May 2008, 1:03pm

So if your post is to be understood you say ,"shame I wont be able to use the FOS to claim money back from people who cant manage their own finances",.

That really does not make a great deal of sense.How would the Financial Ombudsman Service allow you to claim money back from"people who cant manage their own finances"?

At least if you are going to express an insensitive ill informed opinion you would think you would endeavor to be in someway accurate.

You state you don't go overdrawn,operate your accounts properly and don't pay penalties for being"financially irresponsible".
Well good for you in your self congratulatory ideal world.One hopes sincerely that unforeseen circumstances beyond your control should never come to fruition in your life to put you in such a position that Millions of people find themselves in as a result of the Credit Crunch and in a position for the banks to exploit peoples ill fortune by being a law unto themselves and stamping on unlawful charges as and when they please.

You really are missing the point here.BANKS CANNOT CHARGE PEOPLE DISPROPORTIONATE AMOUNTS IN PENALTY FEES just so they can make in excess of three million pounds profit each year in penalty fees alone.This practice has been deemed unlawful .

Banks make billions of pounds profit each year without charging monthly fees to people.So yes they do make a profit from somewhere by effectively fining people unlawfully.In fact a director of a leading high street bank admitted recently in a radio interview that these "penalties" we used to help operate free bank accounts!

Again another unlawful act.

Whilst i will accede that some people may not manage their accounts responsibly that in and of itself does not allow banks to step outside of the bounds of reasonableness and charge £30 for a returned direct debit or the like!

It is patently ridiculous when a bank will bounce a payment from an account for a payment of say £10 effectively stating that the account had insufficient funds to pay out and then charge three times that amount in penalties!

Get a Grip ! The only explanation in these circumstances is that the bank wish to make profit ,plain and simple.
In answer to your question thats why people want compensation in order to reclaim money that was unlawfully and against their express permission taken from their account.

The same applies to mistakes made in banking .They should not profit disproportionately from other peoples misfortune.

I fact if the recent Citi Group(Egg Card)issues are anything to go by i would be careful if i were you that your bank doesn't simply end your agreement and close your account because from what you state your not the source of their profits.

oldbustard 30 May 2008, 1:08pm

Good stuff as ever, Neil. Thankyou.

In the last couple of years, I have had one claim resolved via the FOS, another via the Pensions Advisory Service plus a successful claim for illegal bank charges that the bank in question settled in full just before the case came to court. I have another claim against a major high street bank with the FOS at the moment.

So my message to anyone with a legitimate moan is:
a. assemble all the evidence
b. download the FOS form
c. submit the claim and wait.

That said, the banks and insurance companies have done the arithmetic and it works like this. Out of every ten aggrieved customers, five probably won't even know they have been shafted, two will know but won't know what to do about it and another two will be too lazy or disillusioned to bother. That leaves one who will pursue the complaint to the bitter end. They will get what they should have had in the first place plus a small sum in compensation ordered by the Ombudsman. The aforementioned companies therefore have every financial incentive to continue as they have been doing.

The answer? Give the FOS some real teeth. For example, where the company has been blatantly in the wrong, make them pay up as now PLUS a swingeing fine to the FOS ... say between £1k for a first offence up to a maximum of say £250 per case if they have form. This would enable the FOS to reduce the annual levy on those companies that act with integrity and for those which don't it would hit them where it hurts and they would have to mend their ways. The FOS should also be empowered to publish a quarterly league table of good and bad companies, which would feature prominently in the press.

I'm convinced that these two simple measures would fundamentally change the ethos of the industry within a couple of years and would ultimately reduce the workload of the FOS.

geffars 30 May 2008, 1:14pm

My experience of the FOS is with Equitable Life. In that experience the FOS play the 'establishment' game and are merely a well crafted first line of defence for the financial industry. Throwing a few quid at some is gloss.

Dhahran2001 30 May 2008, 6:20pm

Hi Neil,
For a long time I have understood what is meant by the expression "There's no such thing as a free lunch". One way or another people like you and me are paying for the FOS and seemingly 82% of people claiming about personal pensions are claiming for something they are not entitled to. The institutions will incur costs defending themselves against these claimants and all our personal pensions will be fractionally abated because of this wasted effort.
We all pay for compensation; do we all want to pay for compensation?

superswords 30 May 2008, 6:48pm

I took a complaint out againist lincoln to the fos in 2003 it ruled in my favour in dec 2005 as of yet lincoln have not paid me a penny in compensation .The fos now don't want to know as the final decsion has been made ,my advise take the company to court staight away if you cannot reach agreement.

geffars 30 May 2008, 10:56pm

"....take the company to court staight away if you cannot reach agreement."

Remember that the company have far more money than you. They'll just threaten you with costs and that'll cool your enthusiasm for court. The FOS are a smoke screen. Seems to me that there are free lunches at the FOS,FSA...

"We all pay for compensation; do we all want to pay for compensation?"

So what will you do when you get shafted?

Urbis 31 May 2008, 11:04pm

Shame I wont be able to use the FOS to claim money back from people who cant manage their own finances. I dont go overdrawn, operate my accounts properly and as such dont pay penalties for being financially irresponsible.

I think you are just being provocative for the sake of it. I don't understand people who condone banks taking money they are legally not entitled to take for no better reason than they believe they are entitled to a "free" banking service. Its not that long ago that banks weren't capping the charges that could be taken each month so in many cases they were cauing a domino effect and taking hundreds of pounds out of some customer accounts, actually causing a downward spiral of "financial irresponsibility".
I don't care how financially prudent you are, inscotland, running your account costs your bank money so why expect it for free?

gillianswain 21 Jul 2008, 6:07am

inscotland says quite correctly that people who can't manage their finances properly ought to suffer the consequences. Well, if this is so, why are the banks, who loaned money to those who could not repay them, now allowed by their own rules to deduct money from my account to recoup their losses e.g. Barclays charging £20 for their new "overdrawn allowance" scheme which you have to opt out of but which is not mentioned in their letter to you, only in a large booklet which you are supposed to wade through; or for any small enquiry that you make from the bank they can & do make charges even though they may have thousands of pounds of your money on which they pay only small amounts of interest by keeping on swapping accounts so that you, as someone who is usually very busy, don't have time to keep altering them. I have never been overdrawn in my life, although I have come pretty close to it. Obviously inscotland has been lucky like me. No, I don't think those who are unduly frivolous and go overdrawn for silly spending deserve our pity but many people have been made redundant through no fault of their own do (my late husband was one of them and the pressure of being made redundant twice in a relatively short space of time and the pressure put on him as he faced that redundancy - he knew of it 4 years in advance and had to work harder and harder as his department diminished from about 30 people to only himself and one other contributed to his death - he only lived 18 months after and the first company reduced his redundancy compensation for his loyalty - both times he was one of the last to go). Inscotland needs to learn that in life you don't always get what you deserve. A very short time after my late husband died I went to a bank and said that I had just been widowed and needed an investment that was a "medium to small risk" so that when I retired I would have something to help me with living. They quoted me returns of 12% provided I looked upon it as a fairly long term investment (5 to 10 years was quoted) - well, I've been with that bank 10 years plus and from the £7,000 I invested, the most I have ever seen it go up to was £7,200 but most of the time its just far less. Please take your blinkers off inscotland.

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