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“Hard-up” can still reclaim unfair bank charges

The court case between the Office of Fair Trading (OFT) and the banking institutions may run until next year, however those in financial difficulty can reclaim charges now.

The case regarding unfair charges has been well documented, and whilst the appeal may continue, an exemption exists for “hardship” cases, so those who are struggling financially will still get their cases heard during the waiver period.

Possible definitions of “hardship” cases include loss of employment, disability, serious illness, imprisonment, relationship breakdown, the death of a partner, starting a lower paid job, parental care leave or starting full time education.

Also, holders of basic bank accounts may also strengthen their claim, as these are intended for those with financial problems.

Chiltern’s Nathan Gladwell says: “If you think this exemption applies to you, you should contact your bank straight away and tell them that you believe you fit the hardship criteria and want your case to be handled as a matter of urgency – even if you’ve already started reclaiming and been told it’s on hold until after the decision.

“Once you’ve filled in the bank’s forms they may offer a partial payment as a ‚Äö√Ñ√≤goodwill’ gesture – but this doesn’t stop you from reclaiming the rest of your money if the decision goes the consumer’s way. There’s really nothing to lose.

“If you’re struggling financially and fit the hardship criteria, chances are you would also benefit from speaking with an impartial and professional company, like Chiltern, regarding your finances, as there are many solutions to help alleviate debt stress.”

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