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Reclaim excessive bank charges: What to do

posted : 09-11-06 07:41 EDT comments : 0
By law, you can attempt to claim for unauthorised overdraft charges going back six years

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What you need to do

Over the next few pages, we have reproduced some draft letters that you can download, customise for your own account and bank details, and send to your bank or credit card issuer.

Using the letters does not guarantee that you will receive a refund on your charges, but given the OFT's recent rulings, it is a reasonable strategy for customers to act against excessive charges.

One survey suggests that one in four bank customers has incurred charges after going into an unauthorised overdraft - something that consumer groups suggest is due more to genuine mistakes than money mismanagement.

Important: this is not intended as legal advice and AOL cannot accept any liability for individual claimants who may rely upon the information given here. Every effort has been made, however, to ensure that the information is correct at the time of writing. You are recommended to consult your own legal or financial adviser.

The first step

The easiest way to avoid being charged for slipping into unauthorised overdraft is to contact your bank immediately if you think you may become overdrawn or exceed your arranged overdraft. Contact your bank and explain your situation. They could agree to offer you a larger overdraft facility.

By law, you can make a claim for charges paid on unauthorised overdrafts in the last six years. You may need to write to your bank and ask them to provide this information if you have not kept all your bank statements during this time. Under the Data Protection Act 1998 the company must provide this information within 40 days and they cannot charge more than £10.

The company may try to charge you more for providing copy statements (this charge is usually explained on the back of statements), but if you request a computer printout of charges, which is acceptable evidence in the small claims court, they cannot charge more than £10. Do not be put off by an attempt by a company to prevent you getting your right to information.

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