Goodwill gesture or Bank Charge Refund

[Max]

Ok, something that popped into my head today....

A couple of years ago when so many people were getting their charges back, a lot accepted a 'goodwil gesture' from their banks as they wouldn't admit liability or agree that their charges were incorrect...

If the banks lose next month, which a lot think they will, does that then mean that the bank will either

a.) Pay charges directly back into accounts or

b.) We will have to send a claim in as we have done in the past..

Now my question is, as the refunds that many people have had in the past were 'goodwill gestures', does that then leave the banks open to people claiming back charges that were previously credited as such.

Does that make sense.. or am i off on a tangent again.

[Amethyst]

Re: Goodwill gesture or Bank Charge Refund

Hi Max, nice to see you again

TO answer the question - we really don't know. There have been reports of banks ''pro-actively' refunding consumers (Natwest - will find u a linky in a bit) but I think the FSA will get banks to have a simple claim form type process so if you have had charges you want reclaiming without any additional issues like compound interest/pre limitations/consequential losses etc - you can just send off a form and get back your money.


The goodwill gestures paid out in the past were just that - GOODWILL gestures - they CAN NOT ask for them to be returned as NONE of the banks paid anything admitting any liability for bank charges...so it is safe

Hope that helps - expect peeps will have differing views on the matter - we have previously asked the OFT and FSA for future plans but althought they MUST have considered it all, theres been nothing positive coming back.

Love

Ame
xx


edit: link to natwest proactive refund story....nice quote in it RBS - Bank plans for overdraft refunds - Legal Beagles

[ROBSTER]

Re: Goodwill gesture or Bank Charge Refund

Halifax & Abbey had a flurry of routinely paying money into claimants accounts between 50% of charges and 85% of charges (without requiring a form of acceptance. if you did nothing for 14 days THEY considered the case settled!)….all this just before the test case was announced.

As (we now know) they were actively involved with OFT negotiations at the time to agree on terms of engagement for the test case was this just coincidence?.. they were all good will gestures in full and final settlement (allbeit with no acceptance required).

My point is: Was this a genuine flourish of generosity or was it an effort to mitigate the opportunity for claimants to accept these payments as a "partial settlement only" under the terms of the test case and potentially go back in for more at a later date.

Were the banks effectively "insider dealing”? We may never know.

Would this deter claimants (who effectively had money “forced” into their accounts) from continuing the process at the other side of the Test Case?

[Max]

Re: Goodwill gesture or Bank Charge Refund

Having had over 7k worth of 'goodwill gestures', personally i will claim the whole lot again and see what happens.. i know i will be in for a bit of a fight, but at no stage did any bank tell me they were refunding charges, so as far as i am concerned they were just being kind..

[Amethyst]

Re: Goodwill gesture or Bank Charge Refund

ahhh I see what you are saying..... not sure I agree morally but possibly legally....hmmmmm lol. Have to check the goodwill gesture letters - some i think say ' refunding your charges as a GOGW' then ur stuffed I think - tho if they said ' we dont think charges are unfair we think they are, however as a GOGW we have credited your account with £xxx '...though I think a Judge would see straight through it and send you off with a fly in your nostril and costs.

[ROBSTER]

Re: Goodwill gesture or Bank Charge Refund

[quote=Max;114812]Having had over 7k worth of 'goodwill gestures', personally i will claim the whole lot again and see what happens.. i know i will be in for a bit of a fight, but at no stage did any bank tell me they were refunding charges, so as far as i am concerned they were just being kind..[/quote]

LOL

Not as kind as they were (are) on paying each other huge "back slapping" Bonuses!

[Max]

Re: Goodwill gesture or Bank Charge Refund

Yeah maybe.. just thought i'd post it up for others' opinions.... I'm not too bothered about morally with these people, they went out of the window along with MP's expenses..