Unauthorised Overdraft Charges complaints - People living in Scotland

[pipeline]

Hello

could anyone advise on the process for people living in Scotland who want to make a complaint about the unauthorised overdraft (uod) charges or the handling of these complaints by banks - and how this differs from the process in England & Wales.

The FSA states: "You can take your complaint to the Ombudsman or the courts. If you want to take your complaint to court in Scotland, then timing is important. They are advised to seek independent advice on filing a claim now to protect their rights (although a court fee will be payable)"

why is timing important? what are the timescales? I have only managed to find this information so far; - can you help/ advise?

Scotland:

can claim up to 5 years in UOD charges. If no success via writing to the Bank, you can progress your claim through the Scottish Court system (•the maximum claim is £3,000 (increased from £750 in Jan 2008) which includes the charges and any interest claimed), [/font]the english court system (if your banks registered office is in england - fill out a N1 claim form) or use the Financial Ombudsman (FOS). However the FSA 2008 Direction/ Waiver has granted a waiver on the standard complaints handling process rules and a stay on court cases until 26th Jan 2009 or resolution of the Test Case; i.e. complaints processing via banks or courts is 'on hold' except those cases of financial difficulty.

England:
can claim up to 6 years in UOD charges. If no success via writing to the Bank, you can progress your claim through the english court system (the maximum claim is £5,000 which excludes any statuatory interest) or via the FOS. However the FSA 2008 Direction/ Waiver has granted a waiver on the standard complaints handling process rules and a stay on court cases until 26th Jan 2009 or resolution of the Test Case; i.e. complaints processing via banks or courts is 'on hold' except those cases of financial difficulty.

many thanks

[stevokenevo]

Re: Unauthorised Overdraft Charges complaints - People living in Scotland

It seems like you have a good idea of the process for reclaiming your charges.

The key though, is wether or not courts in Scotland are accepting claims, or 'sisting' (staying) the claims just like down south.

I have no idea, so i would suggest a quick phone call to your local court asking if they are accepting bank charges claims.

If they are then its full steam ahead, if they are not, then a simple letter requesting a refund to your bank should be enough to put you in the system, and then after the test case we can take it from there :okay:

Any other questions feel free............

[pipeline]

Re: Unauthorised Overdraft Charges complaints - People living in Scotland

many thanks,

i suppose my question is about the FSA and why they say timing is important? i was just wondering if anyone knew what this meant? i.e. does it make a difference when you submit your complaint on how these complaints are handled? (i.e. pre 2007 Direction/ waiver on 27th july 07, or post waiver /after 27th july 07?)

all i can think is the FSA mean that if you are in scotland and get your case to a court asap claiming 5 years of charges (not including the waiver time period of almost one year so far), then you may be able to get a settlement before the court stays are in place in scotland or before the Test Case Judge rules out historical charges???

no idea, the FSA have been quite vague on the whole waiver communications.

[Amethyst]

Re: Unauthorised Overdraft Charges complaints - People living in Scotland

telling us ! Hopefully the FSA are starting to move forward with this - but wayyyyyyyyy too late IMO.

The only thing I can think of re timing is the difference in the system re return and calling dates. I don't know of any reason why you should rush getting your claim into court.

Maybe give them a call and ask the question?

[stevokenevo]

Re: Unauthorised Overdraft Charges complaints - People living in Scotland

It is an interesting point you raise, i would like to have a look into it in more depth (need to wait till lunchtime unfortunately)

I am impressed with your knowledge, do you have much experience with bank charges?