Have you had big overdraft problems for a long period?
You can make an affordability complaint and ask for a refund of overdraft charges if:
- your overdraft limit was increased to a level you are unable to clear; or
- your overdraft usage showed you were in long-term financial distress. For example, being in the overdraft all the time, or using an unauthorised overdraft a lot.
This article shows how to make an affordability complaint to your bank, with a free template letter to use.
These complaints do not hurt your credit record.
Contents
Overdraft affordability complaints
Overdrafts are supposed to be for short term borrowing
Overdrafts are intended to be used for short-term problems, not as long-term borrowing. A bank should review a customer’s repayment record and overdraft limit and if there are signs of financial difficulty, offer help.
One sign of financial difficulty is hardcore borrowing for a long period. The Lending Code defined hardcore borrowings as “the position where a customer’s current account overdraft remains persistently overdrawn for more than a month without returning to credit during that period”.
Some Ombudsman decisions
All cases are very individual. But these examples give you an indication of what the Ombudsman thinks is important.
In this 2020 NatWest decision, the Ombudsman decided:
NatWest did have an obligation to monitor Miss K’s use of her overdraft facility.
Any fair and reasonable monitoring of Miss K’s overdraft facility would have resulted in NatWest being aware Miss K was in financial difficulty … by October 2014 at the absolute latest. So NatWest ought to have exercised forbearance from this point onwards.
In this 2021 Santander case, the bank didn’t notice hardcore borrowing:
By this point, Miss C was hardcore borrowing. In other, words she hadn’t seen or maintained a credit balance for an extended period of time. Santander’s own literature suggests that overdrafts are for unforeseen emergency borrowing not prolonged day-to-day expenditure. So I think that Miss C’s overdraft usage should have prompted Santander to have realised that Miss C wasn’t using her overdraft as intended and shouldn’t have continued offering it on the same terms.
A similar decision was reached in this 2021 Lloyds case:
Mr and Mrs C’s statements leading up to the renewal shows they hadn’t really had a credit balance on their account for a prolonged period. Indeed, they’d had regular returned payments and had also exceeded their limit. In these circumstances, it ought to have been apparent Mr and Mrs C were unlikely to be able to repay what they owed within a reasonable period with overdraft interest, fees and associated charges continuously being added.
Decide which reasons apply to your overdraft complaint
Read through these and think about which apply to your case.
The bank set your limit too high
This may have been from the start when you were first given an overdraft. Or the initial low limit may have been fine, then the bank increased it to a level which it was impossible for you to repay.
If the bank saw signs of financial difficulty, it should not have increased your credit limit, even if you asked for it. And it should have considered offering your help (the regulator’s word is forbearance) for example by stopping adding charges.
How high is too high?
There is no set figure, it depends on your income and expenses. An overdraft of £2,000 for someone whose income is £1,800 a month is a lot – but if you earn £5,000 a month, then a £2,000 overdraft may be reasonable.
The bank should have seen you were in difficulty
Overdrafts are meant to be used when you have a problem. Using the overdraft a lot for a few months is fine. Or for a few days at the end of a month before you are paid.
Banks should review your overdraft annually. This is in most overdraft tgerms and conditions. And even if it isn’t the Ombudsman says this is good industry practice.
So at one of these reviews, your bank should have seen if you were in financial distress. For example if you are in the overdraft for all (or almost all) of the month for a prolonged period. Or if you were exceeding your arranged overdraft limit regularly for a significant amount.
I would say over a year is prolonged.
Other points that help your complaint
You don’t win an affordability complaint by saying the charges were too high.
Instead, you say the bank should have known they were unaffordable for you because of all the financial problems it could see on your statements and your credit record.
Here is a checklist, work out if any of these apply to you:
- often having direct debits or standing orders not being paid;
- a lot of gambling showing on your statements;
- significantly increasing other debts with the same bank;
- being recently rejected for a loan or a credit card by the bank;
- significantly increasing debts with other lenders showing on your credit record;
- a worsening credit record – maxed out credit cards, new missed payments, defaults etc;
- using payday loans;
- increasing mortgage arrears;
- making payment arrangements with other creditors;
- a reduction in the income going into your account.
Any of these suggests you are reliant on the overdraft to pay everyday bills and you will find it hard or impossible to repay the overdraft and not use it the next month.
If you can think of another reason your bank should have known you were in trouble.
Making your complaint
What you need at the start
You don’t need to know the exact dates your limit was increased before complaining.
If you have paper statements or you can download them from the app that may be useful for you. But you don’t need to send these statements to the bank with your complaint – the bank already has them!
You can’t go back and see exactly what your credit score was in say 2018 when the bank increased your limit. But your current credit record shows what was happening in 2017 and 2018. So download your credit report now and keep it. The sooner you get the report, the further back it goes. I suggest you get your free TransUnion statutory credit report.
Send a complaint in the app or by email
I don’t recommend phoning to start off a complaint. It’s too complicated and you will be talking to someone that doesn’t specialise in these complaints.
When the account is still open, you can send your complaint by secure message in the app or on the bank’s website. Take a copy of what you put in the message – you could email it to yourself so it won’t get lost and the date is recorded.
Most banks now have an email address that you can use if you prefer or if the account is closed so you can’t use the app. But banks don’t make these easy to find, so here is my list of bank email addresses for complaints.
A template you can adapt
The section above looked at the reasons to complain and the other good points that apply to your case – you are now going to turn those into a complaint.
In the template below, I’ve invented some examples and dates so you can see how a complaint email could read. The bits in italics should be changed or deleted to tell your story.
The bit about other points is important – what should your bank have noticed that showed you were in difficulty?
I am making an affordability complaint about the overdraft on my current account number 98765432.
Your identity details (these are needed if you complain by email, not if you use secure message):
My name is xxxxx xxxxxxxx. My date of birth is dd/mm/yy. The email address I use/used for this account was myaddress@whatever.com.
START BY SAYING they should have noticed when your overdraft usage got worse
Overdrafts are meant for short-term borrowing but that was not what I was using the account for. The fees and charges you were adding were making my position worse.
I am complaining that every year since [20xx] you have failed to notice my difficulty during the annual reviews of my overdraft. You should have offered forbearance eg by stopping interest and charges being added.
By 2014 I had been in my overdraft constantly for many months, not getting back into the black even when I was paid. This “hardcore borrowing” is a clear sign of financial difficulty. My income was only £1,850 a month – after I had paid bills, there was no way I could hope to clear an overdraft of £3500 in a reasonable length of time.
OR
By 2017 I had a large unauthorised overdraft for many days each month.
some other points that you can include if relavent- see the list above – these are just a few examples
You should knew I was in financial difficulty because you had rejected my loan application in 2016.
You should have noticed that the income going into my account decreased from 2018.
From 2018-20 there was a lot of gambling showing on my account.
In 2017 you should have seen from my credit record that I had made payment arrangements with other debts.
ALSO Was the limit to high when it was set?
(It may have been ok then and things only got difficult later – in that case miss this out.)
You should never have given me an account with such a large overdraft. When I applied in 2015, you should have checked my credit record and you would have seen I had recently missed payments to a credit card and had taken several payday loans.
OR
You should not have increased my overdraft limit in about 2014. When you increased the limit, you should have seen that my debts to other lenders on my credit record had increased a lot.
I do not know the exact months of these overdraft limit increases. In your reply to this complaint, please tell me when the increases were and how much the limit went up on each occasion.
END BY asking for a refund of charges and interest:
I would like you to refund all the interest and charges that were added to my account from 2016 when you increased my overdraft limit.
OR
I would like you to refund all the interest and charges that were added to my account from 2018 when you should have realised that my finances had got worse to the point that I was no longer able to clear the overdraft.
The Financial Ombudsman says that 8% simple interest should be added to any cash refund paid to me.
I would also like any late payment and default markers to be removed from my credit records.
Points to note
Personal accounts, not business accounts
The complaints covered here relate to personal accounts. For business accounts, talk to Business Debtline about your options.
You can complain if the account is still being used or if it is closed
These complaints can be made in a lot of different situations. For example:
- you are still using the account or you have stopped using it and are paying it off;
- the account has been closed;
- the bank defaulted it and sold it to a debt collector (here you still complain to the bank, not the debt collector). If the debt collector has gone to court and got a CCJ, add to your complaint that you want the CCJ removed as part of the settlement of your complaint.
But if you have had an IVA or bankruptcy after these problems, or if you are still in a DRO, then you shouldn’t complain – ask in the comments below for details.
Old accounts
Banks may say FOS won’t look at an old complaint, but this isn’t right. FOS will often look at a complaint if you have only just found out you can complain.
Open and recently closed accounts aren’t a problem – the bank will still have your statements.
If your complaint is about an account that was closed more than 6 years ago, it’s harder to win. The bank may no longer have much information about the old account. If you still have copies of your old bank statements for these old closed accounts this is worth a try.
If you feel you have a good older case take it to the Financial Ombudsman and let them decide!
Packaged bank accounts
These affordability complaints are nothing to do with packaged bank accounts. MSE has a good page about how to complain about packaged bank account charges. I suggest you don’t try to combine this with an affordability complaint – make two separate complaints to the bank and leave a gap of at least a month between them.
Student overdrafts
You are unlikely to win a complaint about a student overdraft saying you were a student and it was unaffordable – they are at 0% interest and nothing is charged until you are in work. So you need to argue it was unaffordable at the later date when they started to charge interest.
The Bank replies
They want to talk to me on the phone!
People are often scared if they get this message. But it may be good news!
You can just ignore it or say you would like a reply in writing.
If you decide to take the call, it helps to be prepared. Have a pen and paper handy so you can write down anything. If they say they are partially upholding the complaint, ask them the date they are refunding the fees from and how much. Also say you would like to see this in writing before you decide whether to accept it.
If they want to ask you questions that sound complicated or worrying (this is unusual), ask them to put the questions in writing as you find the phone difficult.
Rejection or a poor offer – go to the Ombudsman
The bank should reply in 8 weeks. You can’t go straight to the Ombudsman, you have to wait for the bank to reply.
Banks reject many good complaints, hoping you will give up. So don’t! You know if the overdraft has caused you a lot of problems.
And the bank may offer to refund fees for the last 15 months say, even though your problems have been large for many years. Think twice about accepting a low offer – you won’t put this offer at risk by going to the Ombudsman. If you aren’t sure, post in the comments below.
In particular, if the bank says you could have declined the increase to your overdraft limit or you never let the bank know you were in difficulty, FOS may not think that is a good reason. And ignore any statements by the bank that FOS will not look into things that happened more than 6 years ago.
Santander has been rejecting some cases then giving a full refund only a few weeks later if the case is sent to the Ombudsman – before the Ombudsman has even looked at it! Santander obviously knows it has been sending out misleading rejection letters.
The easy way to complain to FOS is by completing this online form:
- you can use what you put in your complaint to the bank;
- if the bank rejected your complaint or made a low offer, say why you think this is unfair;
- use normal English, not legal terms.
If your credit record shows that you had other debt problems send it to FOS. You don’t need to send your bank statements – the bank will send those to FOS. And you don’t need the policy documents for your bank account the lender will supply those to FOS if they are needed.
Do these complaints work?
Yes! In 2024, some banks are making more offers directly.
A Guardian article featured a case where someone used the template letter here. Barclays denied it has done anything but made an £8,000 “good will” payment to the customer.
And if yours doesn’t, people are winning cases at the ombudsman. FOS is a friendly service although it isn’t speedy. It isn’t any faster if you use a solicitor or a claims firm,
The comments below this article are from other people who have made this sort of complaint. That is a good place to ask for help if you aren’t sure what to do.
If you have priority debts such as utility bills, rent, council tax and benefit overpayments, these can’t wait until your overdraft complaint is settled. Start the overdraft complaint now, but you need debt help as well. So phone National Debtline on 0808 808 4000, tell them you have made an affordability complaint but you would like to know what your debt options are.
Is your credit card limit too high?
Get a refunds from large loans
Unaffordable car finance – your options
Sam says
Hi Sara,
This is great service you provide, thank you very much.
I have put in a complaint to Barclays, basically been in my overdraft of £2500 since about the year 2000. Came out briefly during lockdown when I was actually doing two jobs!!
How long should I wait to chase up if I don’t get a reply?
Thanks
Sara (Debt Camel) says
If you don’t have the complaint acknowledged within 4 weeks, ask them to confirm they have it. If you don’t gat a response within 8 weeks the case can go to the Ombudsman then.
This sounds like a good complaint- let us know what happens!
Ashley says
Hi,
Similar situation for me, I’ve been in around £2500 overdraft with Barclays for as long as I can remember. My in app statements go back to 2009, I had earnings of £1300 a month when it went up to £2500. I have sent a complaint and had it acknowledged a couple of days later, just waiting for a response now.
Sam says
Hi,
I’ve had a letter saying they will get back to me no later than 30th May.
I know I have to take responsibility for bad spending habits but I do think the banks take advantage of this especially when they charge me fees that take me over my overdraft limit but will not allow a direct debit to go a couple of pounds over the limit!!
Fingers crossed!
Ashley says
Exactly the same date for me and same with the fees going over the limit. Yes, fingers crossed.
Sam says
Hi,
Have you heard anything off Barclays? I had a missed call today and voicemail today,tried calling back and it just says someone will try again soon!
Ashley says
No, I am yet to hear anything.
Sam says
Hi,
Have you heard anything? I have just spoken to Barclays and they are refunding charges and interest for the last 6 years. The refund amount gets me out of the overdraft and a little extra but they are doing this as a gesture of goodwill apparently. Not sure how I feel about this as like previously said I have been in my overdraft since 2000/2001. They are saying that they have done nothing wrong so might push it to the ombudsman.
Hope you get sorted
Sam
Ashley says
Hi,
They still haven’t contacted me. Hopefully I get the same offer you have had. I as well would be a bit apprehensive and would think you would get more at the ombudsman but to be honest it would just be a relief to get my overdraft paid off and removed and a bit extra to pay something else.
Rosemary says
Hi Sara
I own my own property but have no savings, but since moving to this new house in April 2022 I have been in and out of work and my husband can only work part-time due to health problems.
I have taken on a couple of overdrafts through my own bank accounts since last summer with TSB £2500 and Nationwide £2000 amongst other debts.
If the overdrafts are almost less than a year old can I still send this letters? or would they have to be older debts?
I had previously paid off all my overdrafts and debts in 2019 but needed the money!
I am up to the limit on these most of the month and am finding it very depressing!
Any info would be great!
Rosie
Sara (Debt Camel) says
So these overdrafts were given to you at a time when your income had fallen or was erratic and the banks could see that from your statements?
What other debts do you now have apart from the mortgage? Have these also increased?
Mike says
Hello, what should I do, i my account with overdraft was closed by Lloyds?
I’m gonna send the complain now, because it was -£3600 for nearly 3 years. In case they decide to refund the interes, will they open my account back? If not, where they would send the monet? I still have saving account with the same sort code number.
Sara (Debt Camel) says
How long ago was the account closed?
If there is a refund, they will ask you where you want It sent or send a cheque.
CC says
I am keen to hear of anyones cases with Nationwide? I have looked through the thread and cannot find any cases.
CC says
Hi Sara,
I have an affordability claim in with Nationwide. I have suffered with my mental health quite considerably over the years and this contributed to me losing my job in 2021 which is when my finances took a huge downturn. I received a redundancy payout but this soon disappeared and I haven’t really worked consistently since. I have a letter from my doctors to my workplace regarding my mental health around this time. I am just wondering if it it worth sending a copy to Nationwide to support my case?
Sara (Debt Camel) says
Nationwide have a bad habit of rejecting complaints saying that they sent you letters in 2019 and 2020 (for example) saying you were using you overdraft a lot so you should have contacted them then.
But those letters were always generic, sent to millions, not specifically written about your account. And they do not absolve Nationwide from the responsibility of checking your overdraft is affordable. If you were using your overdraft for all or most of the month for a prolonged period, ignore this attempt to fob you off and send the complaint to the Ombudsman.
Let me know what happens!
CC says
Thank you very much Sara. I will keep you updated.
Meg says
I have raised complaint with Nationwide… they rejected it. I have since sent to FOS …the case handler agreed they have acted unfairly, however Nationwide don’t agree so going to Ombudsman…do they usually agree with case handler?
Thanks
Sara (Debt Camel) says
FOS statistics show that in 90% of cases the Ombudsman agrees with the adjudicator.
CC says
I also received my outcome from Nationwide yesterday. They have not upheld but have refunded some fees as a gesture of goodwill. I will be taking it to the Ombudsman.
CC says
Hi Meg, Have you had any further update from the ombudsman?
Sarah says
Hi, wonder if you can shed some light, I put in an affordability complaint yesterday concerning 2 overdrafts that I was consistently up to the max from 2012 to 2018, I was in major financial trouble, my dad was ill for approximately 3 of those years so hardly had time to do anything.
Anyways to cut a long story short my bank has already tried to call me multiple times but I work shifts so I’ve missed the calls, I’ve had a message to say they will be sending me a letter. My question is do you think this is a good sign or do you think they are immediately rejecting my complaint.
Thanks for reading this.
Sara (Debt Camel) says
It’s hard to tell if this is just an automated response or not. Do you still have these accounts?
Sarah says
Thanks for replying, I do have both of them although I’m not in overdraft anymore, finally managed to get a loan to pay them off. I’ll just wait until the letter arrives.
Hopefully they will accept my affordability claim as I was missing direct debits constantly in my main account just to add over 100 per month to pay the overdraft fees, never managed to get it down.
Sara (Debt Camel) says
OK, if the bank rejects yiour complaint saying the problems were too long ago, send the complaint to the Ombudsman.
Gd says
Hi Sara,
I have made a complaint to Halifax for an overdraft of 1500 which I am in since 2017. I had a missed call today which I realised is Halifax as they followed up that they would like a call to go through their findings. I would like to have these in written format, is this normal to have a call instead and no info sent via email or letter?
Thank you!
Sara (Debt Camel) says
These calls are quite common. See the They want to talk to me on the phone!
Catherine says
I had a call from Halifax when they investigated my complaint,responded earlier than 8 weeks and simply wanted to explain their findings,in my case they upheld and explained the figures to be refunded,Had the refund in account in less than 2 hours.
Although unless it was plainly evident it was irresponsible lending,they may well be phoning to say it’s just over the 6 year limit with it been from 2017 but if they reject go to the FOS
Fingers crossed
CC says
Take it! I had a call with them a few days ago. The case handler was so nice and they upheld my complaint (partially) and I received immediate payment. So its worth speaking with them rather than waiting for the letter
Gd says
Hi all,
Thank you for the replies.
I spoke to them today and they’re partially upholding from 2018 onwards since the renewal of the overdraft. They’re only refunding half of the fees which I thought is strange but they said they will send a letter to explain in detail so I will read over that when it arrives.
Sara (Debt Camel) says
Half sounds very odd – can you put details in here when you get it?
You may be able to send this to the ombudsman and get all the fees refunded. In this sort of situation you are not “risking” what the bank has offered you.
CC says
I had a similar outcome. I am pleased but not over the moon! I am still waiting for my letter but will definitely be taking it to the ombudsman.
Gd says
The thing that is odd is that I asked what date they are upholding from and she said from July 2018 which calculating the fees would equate to more than £1000 so I found it off they are offering £600 and how they came to that number.
Gandon says
They are running out of money in my opinion and are buying time. Average payout per customer its about 3000£
and In my opinion they knew this overdrafts are not affordable for most of they overdraft customers and now they owe billions of £ to they customers.
Sara (Debt Camel) says
the banks are all extremely profitable at the moment…
Gd says
I have received the letter from them now. What is says is that I initially applied for overdraft in July 2017 and what the appreciate is that they should have not renewed the overdraft automatically in July 2018. From july ‘18 to date I have paid over £1,200 in fees but they only refunding £608 from July’18 to Jan’22 because that’s when they sent me a letter to see if they could help me get out of my overdraft. What I don’t understand is why they have allowed me to increase my overdraft twice since Jan 22’ if they knew it was an issue and are not upholding from that date onwards. Do you think I should send this to the Ombudsman?
Sara (Debt Camel) says
I think that is an entirely reasonable point to make.
You probably don’t remember getting that letter in Jan 22 because – if it was like the Lloyds letters I have seen – it is just a bland letter saying that you can reduce the cost of your overdraft if you use it less (well that is what it amounted to.). It was not a tailored letter with details about your account and most people getting these letters ignored them if they read them at all.
As you say, if this was a serious warning about affordability, why did Halifax then ignore it and increase your limit? And if it wasn’t a serious warning, why have Halifax stopped paying your refund at this point?
I suggest you send this to the Ombudsman – you are not “risking” the offer that halifax has made by doing this.
Jen says
Hi Sara not been on here for a while, but have put in an overdraft complaint to Santander, have had a call after 4 weeks to say they are looking at it & will call again with findings & too discuss, I asked them to contact via email as I work in care & work shifts & can’t answer calls, they said it’s not secure & contact will be by phone, just to see if anyone has had email contact from them except to say they received complaint
Sara (Debt Camel) says
I suggest you reply by email repeating that it is very difficult for you to take phone calls and you would like a reply by email or by letter.
Mark says
I have had an overdraft with abbey national/santander since about 1994.It started on about £200 when I was on £550 a month ,it increased to the current limit of £1250 in 2008 and all overdraft requests since then have been refused.My salary has never been alot more than my overdraft.Since 2008 ranging from £1300 to £1700.As my account would show,i had a addiction to gambling since 1994 ,this was the main reason i wanted loans (of which ive had many refunds)and increases of overdraft.Its been such a long time ,i dont know how long complaints ,if mine is worthwhile,can go back.
Sara (Debt Camel) says
Because a bank has an obligation to review overdrafts every year, there is effectively a decision every year that Santander has got wrong. Going back even 6 years, which should be easy, should give you a refund large enough to clear the overdraft.
I suggest you ask for a refund from 2008, pointingg out it was irresponsible to keep allowing you to Use the overdraft with the gambling showing on the account.
Mark says
Since the start of covid in around 2020 my fees every month have been fixed at £30 but for as long as I can remember it was more than that for many years.So even going back 3 years would be enough but 2008 when the final increase was approved of £1250 even though my salary was only £1300 is what I will request.
Ben says
Hi Sara,
I finally received a response from TSB. They haven’t specified the amount they will refund but have been given a time frame for it to happen. A few things don’t quite sit right with me and so I thought I would get your opinion.
Firstly they will not be refunding any unplanned overdraft fees (caused when their monthly planned overdraft fee took me over my limit), it seems to me that if the debt was improperly sold, and so the fees rightly refunded, that the consequences of those fees should also be addressed? Secondly there has been no mention of interest applied to those fees. They have also stated they will be closing down my overdraft facility on the date of the refund and predict that I will remain in arrears. They have suggested contacting their financial services team to arrange a repayment plan.
Does this all sound correct? Should I submit a complaint to the ombudsman? I have been living in my overdraft since graduating and at no point have I earned enough to cover it, yet they increased it up to 3000. If this repayment thing still comes to less than my monthly OD usage fees (around 80) then I consider it a win. But feels like nothings changed really!
Sara (Debt Camel) says
How long ago did you graduate?
How long ago did they start charging interest on the account?
What period are they offering to refund?
How large were the unplanned overdraft fees?
Ben says
Graduated in 2018 – but I’m unsure exactly when they started charging interest.
They’re offering interest from 2020 and the fees started at around 50 a month and increased to 80 when they increased the overdraft facility
Sara (Debt Camel) says
It is possible that they did start charging interest in 2020.
Can you add up all the charges, fees, interest, whatever they call it from the point in 2020 when they are starting the refund.
Then you have a number to compare what they offer with.
Jonathan heard says
Just thought I’d give an update with the FOS. Sent complaint and received a response on 25/01/23 asking for my wife’s signature as it was a joint account. I sent this by return and was acknowledged on 3/03/23 saying they were busy with complaints and that we would hear in due course. Last friday I received another email from them stating that it was still waiting for an investigator to look at it as they were so busy. So if anyone is waiting stay patient!!
Catherine says
Hi Sara,
So Santander upheld overdraft lending complaint,but I took the poor support/other issues part to the FOS,the investigator had finished her review and an ombudsman began reviewing,during this time I received a default letter and Santander said they would record as defaulted on CRAs.
I forwarded the letters to the ombudsman after the complaints manager at Santander said they could address my further points about the default letter as part of their review.
But the ombudsman has provided her decision and made no mention of the further points I’ve made?
So does that mean I have to raise a new complaint with Santander about the default letter??it’s currently on hold Santander said until FOS provide their decision but it’s not been addressed??
I didn’t think they could default an account/threaten court action if they uphold an irresponsible lending complaint?and as part of the resolution agreed I could repay the remaining overdraft at an affordable rate??
I’m only paying a small amount to reduce the remaining as I have other priority debts and Santander’s support has been shocking so I’d rather pay other debts where they have been supportive.
They are recording account as arrangement to pay so I’m actually wondering whether to let them default as it will fall off report in 6 years from now,whereas if I’m paying a small amount for another few years,negative info will remain from 6 years from the point of settling the debt will it not??
Sara (Debt Camel) says
Go back to the Ombudsman and try to get this sorted
Catherine says
I have emailed the investigator and her manager as had a direct email for him to say that Santander agreed that FOS can resolve the default letter issue too but the ombudsman has not included anything about it.
So many of the issues I asked to be looked at and provided evidence for have been completely ignored and not referenced in the decision,therefore in my opinion not resolved but they are asking me to agree/disagree,I emailed to say I disagreed as my main reasons for asking for a review had not been addressed but by the sounds of it,the decision made is final as they didn’t issue a provisional decision first.
Completely pointless me raising all the poor support issues,didn’t even get an apology.
Such a waste of time and energy when it’s not even been investigated properly.
People get more acknowledgement for a simple account error but I had multiple examples of not been provided appropriate support when I asked for it and Santander have yet again got away with treating customers appallingly.
Sara (Debt Camel) says
You are asked if you agree or disagree because if you agree the decision is legally binding on the firm.
An Ombudsman will not normally issue a provisional decision if they are just agreeing with the investigator’s decision.
See what the investigator comes back with.
Mark says
8 weeks had past since my complaint to santander with no decision made and so as advised by santander I sent the complaint to the FOS,.I have just looked at my online banking account and I have noticed that £796 has been payed in,ref Account Adjustment but this refund appears to have been used to reduce my ovetdraft from £1250 to £450.I have had no notification that they would be paying this and I would not have accepted anyway because this about only the last 2 years of interest I have payed.
jim says
hello, I took a Lloyds overdraft in 06 for £1k it was a student overdraft. From 06 onwards I was at the end of the OD going over my overdraft and being charged. I graduated in 2010 and at this point the overdraft was increased to £1.5k and then £2k the following year with fees and interest being applied when it became a graduate account. Up until 2017 i was always at the end of the OD quite often surpassing it (hardcore borrowing). I did have a gambling issue and my statements are littered with transactions from various betting establishments. At no point was my overdraft reviewed and the max i earned during that period whilst on a zero hour contract would probably have been 1.2k a month, so at no point realistically was I able to get out of the £2k overdraft. From 2019 onwards I manage to get over my issues and out of the OD and eventually closed the account and now bank with a different bank. Do you think I am in a position to suggest i should get my interest and fees back?
Sara (Debt Camel) says
When did you close the account?
Jim says
It was march 2020
Sara (Debt Camel) says
So you can certainly make a complaint. The question is how far back can it go?
The Ombudsman’s Rules allow then to always go back 6 years. But they also have a rule that let’s them go further back if you have only because aware in the last three years that you have a cause for complaint.
So if Lloyds rejects you complaint or makes a low offer, send the case to the Ombudsman.
Mark says
Sent complaint to Santander via email about overdraft charges and they have replied saying that contact can only be by telephone or online chat.Is it not possible if requested that email can be used.I have sent reply stating that so will wait and see.
Sara (Debt Camel) says
Are they saying they don’t accept this as a complaint? Or that they would like to talk to you about it?
Mark says
They are looking into the complaint and said they will attempt to call me to discuss the next step or I can use the online chat to discuss directly but in smaller text on the email it says they can also post the next action to be taken.
Sara (Debt Camel) says
ok, this is quite common – it’s up to you if you want to talk to them as the article above says
Mark says
Hi
Ive been in my NATWEST overdraft of about £7500 since 2017 briefly coming out a few times but currently maxed out and incurring monthly interest charges of around £200 per month. It was increased from about £1500 to £7500 in 2017 with I thought was mad back then as i was alway maxed out and in financial difficulty. Things are lot better these days with finances but I am still finding it very hard to escape and it is a real burden. Is this affordability complaint something I should do?
thanks in advance for your reply.
Mark
Sara (Debt Camel) says
yes I think you should. And send it to the Ombudsman if NatWest makes you a poor offer or rejects your complaint.
Mark says
Hi Sara
I sent in my complaint to the email address you provided and got a pretty swift response rejecting my complaint.
A few highlights below from the email they sent me
“My understanding of your complaint is
1. You are unhappy the bank has allowed you to have an overdraft on your current account and allowed you to increase the overdraft limit, as you believe neither facility should have been provided to you based on affordability.
I can understand the frustration this may have caused for which I would like to sincerely apologise.
In light of my investigation, while I empathise with the inconvenience this has caused you, I can confirm a bank error has not occurred.
I have reviewed your profile and I can confirm the overdraft and the limit increase have been correctly applied to your account upon you successfully completing a full application.
I can confirm during the application process for any new borrowing, we assess whether the new borrowing would be affordable. There is an extensive criterion that needs to be met and if you were accepted for an overdraft and any limit increases,
Although I hope it will not be necessary, you do have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter”
I guess I should send this case to the ombudsman?
thanks in advance for your reply.
Mark
Sara (Debt Camel) says
yes. They haven’t actually said anything about your case, just “we applied our normal assessment” – that doesn’t mean their normal assessment is correct!
Claire says
Hi Mark, my husband made a complaint to NatWest and had pretty much that exact wording! Copy and paste I reckon!
Take it to the FO his overdraft was £5000 and has had over £7000 refunded today! Hope it goes as well for you.
Mark says
Hi Claire
Many thanks for your message. It has given me a little bit of hope.
I sent it off to the FO a few weeks ago so will hopefully hear something soon. Fingers crossed. Congrats on having your debt cleared!
How long did it take after you sent it off to the FO. They have replied that they have taken up the case but not heard anything since then
Mark
Peter says
Hello everybody. Received good news today. I’ll keep it short.
In January I sent a complaint to Lloyd’s about my overdraft and credit card (£800 OD (reduced from £1000 by myself) and £1250 CC), 2 weeks later Lloyd’s came back with refund of OD (around £2000 from 2017) cleared OD and used another £600 to reduce CC balance. Sent further complaint to FOS about CC because lloyds didn’t agree. 4 months later FOS comes back to me and lloyds have to refund me £1379 for my CC, so £3379 in total, OD and CC clear now. Happy days.
Thank you very much Sarah for this website and your help!
Sara (Debt Camel) says
Well done!
John eustace says
Hi Sara,
I cannot find the original thread to this as it only allows me to view comments from May 16th 2023. I had a complaint against HSBC in the beginning of April as they allowed me to gamble £750 over my 4900 overdraft limit but refused to let me pay for bills and food. The overdraft complaint was seemingly forgotten about and I had to remind them that I sent one 4 weeks ago.
After a month of HSBC stalling and not responding and of me having to quote laws and case studies, they offered to clear my arrears plus £100 compensation. I told them this wasn’t enough and said I would accept if they cleared my balance plus £1000 compensation. Surprisingly they have come back and accepted this and the total amount will be in my account tomorrow. They accepted my offer almost immediately so I feel that they were expecting to pay out more. Regardless I am happy this is finally been sorted.
Sara (Debt Camel) says
They have cleared your overdraft of c £5500? Good! A clean start from that one.
John eustace says
No my limit was 4900, it went into an unarranged of 5650 but they’ve cleared that arrears so is back now to 4900 but they’ve given me an extra £1000 in compensation for everything – this was for not helping me with gambling when I asked.
Overdraft affordability complaint is still on going though. I originally sent it around mid April and they said they hadn’t received it but then they realised they had so they’ve only started looking at it from today
Sara (Debt Camel) says
oh. Well off to the Ombudsman if they don’t come back with a good response
Chloe says
Hi Sara,
Santander have just called to offer me a refund on O/D charges since June 2017. The amount will clear my overdraft of £2000 and with the 8percent I’ll have another £1000 in credit.
I initially complained after reading your article and reading through the comments. I used your template above. Thank you so much for providing so many people with such useful information.
The initial complaint went in 18/2/23, so it’s been over the 8 weeks but I’m so happy to finally get rid of the O/D and have no more fees.
Santander said they’ll be changing my account to basic with no O/D but other than that I can still bank with them.
Thank you so much.
Ryan says
Hi Sara,
I had an Overdraft with NatWest from 2014. The limit was £6500. I was struggling to repay it for years. When I contacted NatWest to tell them I was struggling they didn’t even acknowledge it. Passed it all to Moorcroft and then to Wescot who pestered me with letters demanding repayment even though I continued to pay what I could directly to Natwest to get the Overdraft down.
I contacted the Financial Ombudsman in December last year detailing my case as I’d had enough. They got back to me today with the following:
Following my email dated 25 May 2023, NatWest have been in touch to make the below offer.
They’ve agreed:
A refund of overdraft interest paid of £6,308.89
A refund of overdraft charges paid of £174.00
They have also calculated 8% compensatory interest from the point you raised your complaint with them on 21st October 2022 on the refunds detailed above; which results in a further £308.34 (Gross)**
**amount paid is subject to HMRC deductions.
Total redress = £6,791.23*
This will completely clear the debt and I should have a small amount back in my pocket by my calculations. I’m guessing there’s nothing for the distress caused by aggressive debt collection letters?. I don’t want to seem greedy and I’m more than happy that this solves the debt issue I had. Just want to make absolutely sure that accepting the offer and bringing in things to a close now is the right thing to do.
Sara (Debt Camel) says
Did the offer make it clear how far back NatWest was refunding you?
Ryan says
Yes. The ombudsman said they can only go as far back as 2017. They are basically refunding all interest and charges since then which is 6 years.
I went down this route to do an affordability claim after coming across your site and following the advice. It is a fantastic result and has taken a massive weight off my shoulders. The fact that overdrafts are not meant for long term borrowing seems to be what has won it. They were happy taking over £200/month in interest when rates shot up to 40% APR on overdrafts. It was completely unsustainable but NatWest failed to recognise that
I was struggling despite being told.
Sara (Debt Camel) says
then this seems like a pretty good result to me! It’s very rare to get compensation of threatening letters. I think you have your revenge…
Ryan says
Completely agree Sara. I will be accepting the offer. Couldn’t have done it without this website, it was well worth the effort challenging. Far too many people blame themselves for debt problems and tend to forget the banks also have a reasonable duty of care.
james says
Hi Ryan,
Can you remember how long it took Natwest to action the refund? I’ve been waiting almost 2 weeks since agreement.
Thanks
Sam says
Hi,
I have just spoken with Barclays with regards to the affordability complaint I put in. I have basically been in my £2500 overdraft since 2000/2001. They have said that they can only go back 6 years and they are going to refund the charges and interest. They are saying that it’s not the banks fault as it states in the T&Cs so the refund is a gesture of goodwill. I’m not sure how I feel about this as like I said, it’s been a struggle since 2000. Do you think I should go to the Ombudsman? Will it affect the refund if the ombudsman agree with the bank?
Sara (Debt Camel) says
If a lender offers a small amount as a gesture of good will – £50 say – then if you go to the Ombudsman you are risking the Ombudsman saying the lender did nothing wrong and you won’t get the £50.
But banks don’t usually offer a lot of money as a gesture of goodwill unless they have done something wrong… how much are you being offered?
Sam says
The offer is £4100. £2500 to pay off the overdraft.
Ashley says
I got the same offer, I have accepted it. It pays off overdraft and a couple of other things so I’m happy enough 🙂
Sara (Debt Camel) says
So it’s your decision as to whether you think Barclays offering you this quickly is a fair solution or whether you want to go to the Ombudsman.
It does state the charges in the T&Cs … but it also states that the bank will review your overdraft every year which they don’t seem to have been doing,
It’s very very unlikely that an refund would go back before 2007.
For refunds of more than 6 years, it is the ombudsman’s decision as to whether they think you should have complained earlier. FOS can seem to make rather random decisions in this sort of situation, but some people win.
Nikki says
Hi Sara just wanted to see if you think this is worth sending off to the ombudsman. I had £700 overdraft with TSB from may 2014 (account opened 2003) but this was increased 5 times between Mar 2015 and Jan 2017, increased 3 times in Jan 2018 alone.
Between 2012-Dec 2019 I had a severe gambling addiction I am talking 260-300 transactions totally £3600-4000 every month and up to 10 pay day loans each month.
Income around £2000-£2400 per month and the OD facility was maxed out every month with multiple DD being returned each month.
TSB are saying because I had large credits (from gambling) and a loan from my friend to buy baby items, that I could have used them credits to pay the overdraft back and close it. And on that basis they have not agreed with my complaint.
Sara (Debt Camel) says
Gambling payments were showing on your account?
Nikki says
Yes sorry from the account that the overdraft was on there was hundreds of gambling transactions coming out of
Sara (Debt Camel) says
Then I suggest you send this to the Ombudsman straight away – the payday loans and the gambling show that you were in difficulty and your overdraft limit should not have been increased.
Nikki says
Thank you I will keep you updated
KTT says
Hello, I wrote a comment a couple of months back regarding Virgin Money, they rejected my claim so it’s been with the Ombudsman since March, I believe I have just been assigned a case handler.
Since having my overdraft in 2009 the bank have never monitored my balance or when I was nearing my overdraft limit, however the last few days they have text and called me and sent letters to say I’m nearing my overdraft. They are so sneaky, obviously trying to look responsible since I have raised a claim.
Can you offer any advice here? I hope I have an update and positive outcome soon. How often do people get a positive outcome when the claim is raised with FO? Thanks
Sara (Debt Camel) says
There aren’t any published figures here as the Ombudsman statistics are everything for a bank and affordability complaints are only a tiny percentage of these.
How many days a month are you in the overdraft? How long has this been going on for?
KTT says
I’m usually in my overdraft as soon as all my direct debits are taken at the start of the month, so I’m usually in my overdraft three weeks of the month and have been since 2009 really.
I feel Virgin are being really sneaky by only calling to check my financial situation since I have raised a claim, I hope the FO see through this. Thanks
Rose says
Hi Sara,
I recently lodged an affordability claim with Halifax. I had an overdraft with them since 2011, around 5k and they repeatedly increased it. I got into financial difficulties when my husband lost his job and contacted them in Jan 20 for support and asked them to reduce their overdraft fees. I wasn’t aware of the time I could make an affordability claim otherwise I would have.
I subsequently lodged a complaint about their lack of support and high fees however that was rejected in feb 20.
They then defaulted on the account.
They have offered me £3700 to settle but will only go back to 2017. Is it worth going back to them to say they should have properly considered this in 2020 and should go back to at least 2014.
Thanks
Rose
Sara (Debt Camel) says
In Feb 20 did their rejection of your complaint tell you you had the right to go to the Ombudsman? What did they say about their lack of support?
Fozia says
Hi Sara, thanks so much for the service and support. I used the template to send a complaint into Barclays who came back to me today with a ‘good will’ amount that covers six years of interest and charges. Before I accept I wanted to ask why ‘6 years’. I have been in my overdraft constantly for 12 years but before pushing back I wanted to understand why banks only go back 6 years? Thanks
Sara (Debt Camel) says
The Ombudsman will always go back 6 years. But to go back further, the Ombudsman has to decide that you have only recent found out that you can make this complaint, within the last 3 years.
So most banks will only offer refunds going back 6 years. If you want more, you will have to go to the Ombudsman.
It’s up to you if you think this offer from Barclays is acceptable. If you have been paying a lot more in overdraft charges recently, the last 6 years may give you a large proportion of what you could get in a quick and simple way.
Chris says
Thanks Sara
I’m also an ex Barclays customer and they have said they will only go back 6 years. Was an old graduate account initially given in 2005 with an overdraft that far outstripped my salary and meant I never got out of it for many years, having no choice but to pay fees etc. I closed the account in Aug 2017, so not enough time for them to even give me a goodwill gesture. Have raised to FOS saying I only found I had cause to complain after finding this site last month.
James says
Does anyone have experience with NatWest in terms of time to respond?
I complained about loans and overdraft seperately, I heard back about the loans v quickly but the overdraft complaint still hasn’t been acknowledged.
Thanks
Sara (Debt Camel) says
Have they said anything that has acknowledged the overdraft complaint?
Sara forca says
I have complaint to NatWest and it took them 2 days to acknowledge the receipt of the complaint, they have email again today after 3 weeks of waiting saying that are still investigating… that I should hear something within 5 weeks.
Thomas says
Hi James – Saw your recent updates re the £22k – happy days! What happened re the loans complaint James. Looks like a have a very similar complaint to you re £8k interest and bank charges and then a £31k loan they gave me (20k and 11K) despite awful gambling debts – proudly that has stopped but the football isn’t as exciting!) and have ben in my £6k overdraft for 20 years. Natwest rejected but gave me a random £600 payment as an apology. Accepted by the FSO today but told at least a 4 month wait.
Nadam says
You have great articles and guides here; thank you for putting this out here.
Can I ask if this can also be used for credit cards – or overdrafts only?
What if I don’t have exact data when I’m writing my letter?
I have an overdraft facility and credit cards with Lloyds, the OD is maxed out almost constantly since 2010 (not sure when I applied for it, but I can see it in the negative from 2011), and my credit cards are £7.5k and only building the negative balance, never actually managed to pay it off.
Can I use the same template to complain about both? Can I claim from the start of OD e.g. 2009 for the refund of charges?
Sara (Debt Camel) says
See this other template for credit cards: https://debtcamel.co.uk/refunds-catalogue-credit-card/
You can make a combined complaint from the two of them if you want. But it’s often easier to send them in as separate complaints, with the complaint about the overdraft pointing out the large balance you were running on the credit card. And the complaint about the credit card saying the limit should not have been set so high as you were always in your overdraft.
Nadam says
Hi Sara,
I wanted to share an update and express my gratitude once again for this page. It appears that Lloyds has expedited my case and I have received a joint response to my two separate complaints about my overdraft and credit card.
Lloyds has reviewed the past six years and issued a refund of £3,240.92 on my overdraft. This will clear the £3,000 overdraft, and they will cancel the facility on my account. I’m not certain yet if this is a positive move.
They have also examined my credit card issue and issued a refund of £2,542.91 for interest charged since 2017, reducing my minimum payment to 1% of the total balance. They will cease charging interest and block the card, enabling me to pay off the outstanding balance.
While I don’t want to sound ungrateful as this is indeed a significant step, I am contemplating whether I should take this case to the Ombudsman. I have been struggling with these two facilities since 2009-10, a period they have not considered in their review. I have £5,000+ still outstanding on the credit card.
Thank you again.
Sara (Debt Camel) says
Lloyds has reviewed the past six years and issued a refund of £3,240.92 on my overdraft.
Is that a full refund for the whole of the last 6 years?
lloyds has the bad habit of chopping short an overdraft refund at some date, often in 2021, when they sent you a vague letter…
Nadam says
Yes, £3,240.92 was the full refund for the overdraft spanning six years, including an 8% interest. The additional contribution of £2,542.91 was applied towards my credit card.
Terri says
Hi, I submitted one complaint regarding an overdraft and a loan to RBS, it was rejected by RBS so I’ve sent it to the FOS as one complaint. Will it be for the FOS to split? Or will they address it together as I submitted it together?
Sara (Debt Camel) says
That’s up to FOS. In theory they can handle them together, but overdrafts are often dealt with by a separate team
James says
Hi,
I posted a while back re. potential complaints while in a DAS/DPP (Scotland).
My main avenue for this would be a current account held with Bank of Scotland since 1996. I would estimate I have had an overdraft of some description on this account for c.25years, at some points in excess of £2000 while on a trivial income and more recently £700 for several years.
Is it realistic to put a complaint in for the full life of the overdraft?
A contributing factor (perhaps), the bank previously reimbursed a tranche of overdraft fees as a one-off/goodwill gesture some years ago.
However, when the bank moved to a model of charging daily interest, they are effectively prolonging and expanding my debt via the overdraft and there has never been any pressure to move away from this form of borrowing.
Unfortunately due to the age of the account, I do not really have significant back statements etc.
It is also effectively dormant while I am in the DAS as the overdraft is one of the debts included.
Any advice appreciated, thanks.
Sara (Debt Camel) says
No it’s not likely you can go back before April 2007.
A contributing factor (perhaps), the bank previously reimbursed a tranche of overdraft fees as a one-off/goodwill gesture some years ago.
How long ago? why did they do this?
James says
Can I ask what is significant about the April 2007 date please?
I can’t remember exactly when they reimbursed some fees as it was a long time ago but I would estimate mid- 00’s.
I argued that the amount of the fees rather than the initial borrowing was pushing me into unauthorised o/d.
They primarily only reimbursed the fees that I could prove were ‘chicken and egg’ in moving me over my authorised o/d.
(But arguably all the fees contributed to my overall financial position.)
I made the argument that the fees were preventing me escaping my overdraft.
Pretty sure this was just at branch level.
Sara (Debt Camel) says
The April 2007 is the date the FCA (bank regulator) issued the CONC rules these complaints are based on.
I don’t know whether your old complaint will still be recorded in the bank’s system.
When did your DAS start?
James says
Think the DAS started Jan/Feb 2020.
Sara (Debt Camel) says
Then I would think there are at the least 3 years of overdraft fees you can reclaim, going back 6 years from the date of your complaint. I suggest you start the complaint now and see what happens.
James says
When we talk about overdraft fees, does this include the daily interest on the overdraft, or just punitive fees for missed payments etc. Eg. £30 for failed debits etc. Thanks.
Sara (Debt Camel) says
it includes all fees and interest charged.
Jake says
Hi,
Thankyou for this guid
Last weekI refinanced and paid off my £4000 TSB overdraft which I’ve been in and out of for four years.
I made a complaint based on the facts that:
– they extended my limit 16 times in 2 and 1/2 months to get that limit.
-Could have seen dozens of pay loans, and at least two missed payments on my credit report in the year before applying
-I had also been over limit on several cards, in the months before applying including a TSB credit card (although only ever briefly – whenever I went over limit I brought it under very quickly)
They responded within a few days – saying that they do not accept that they shouldn’t have loaned me the money but as ‘gesture of goodwill’ they will be closing the (already closed) overdraft on July 3rd and they’ll be ‘arranging to refund all charges applied from April 2019.’
It doesn’t quote a figure , but – a) do you think this is just the c. £420 of fees or the full c.3k of interest and fees they’ve charged me over the last four years?. B) if it’s only the former, do you think I should go to the ombudsman? C) Do I have to actively reject the £420, before making a claim, or can I put it towards loan repayments an then complain about the rest?
Again, I love this site – it’s helped me pay down debt and challenge these decisions. Thank you so much for all you do!
Sara (Debt Camel) says
a) do you think this is just the c. £420 of fees or the full c.3k of interest and fees they’ve charged me over the last four years?.
Not much point in me guessing, you will know soon enough.
B) if it’s only the former, do you think I should go to the ombudsman?
Yes
C) Do I have to actively reject the £420, before making a claim, or can I put it towards loan repayments an then complain about the rest?
Have they asked you to accept the offer o said how they will pay it?
Andrew says
Hi Sara
I’ve only just found your website a couple of days ago and did not know I could complain for these kinds of refunds.
Long story short, I had a gambling problem which began on 2009 and escalated with me maxing out my £2k Overdraft until 2019 only ever really escaping it when I had taken out approx 6 loans, and 3 credit cards with various providers to support my gambling (gambling very much present on my Halifax account overdraft).
After being at my lowest low (and around £30k in debt) I managed to give up gambling and have worked very hard over the past few years to only be left with 1 loan at £4.5k left now in 2023.
I have followed your instructions and issued complaints to each of my creditors over the past couple of days. However I note alot of credit I took would have been before 2017 and the 6 year general rule you have stated in your article.
I was careful to add in your paragraph to state I was not aware I could complain until now however I would assume the majority of the creditor’s will reject these outright for due to the time elapsing (bulk of credit was taken between 2014-17).
My query is when I likely have to take these to the Ombudsman, how likely are they to accept my reason for not claiming earlier and going beyond their 6 year rule?
Sara (Debt Camel) says
Yes, you should expect these complaints to be rejected by the lenders and naive to go to the Ombudsman. FOS can look back further, but I can’t guess what the chance is – all you can do is push things as far as you can.
Sarah says
Hi….. first off, this site is amazing and thank you for all your help you give.
I submitted a question on here a few weeks ago regarding 2 Halifax overdrafts I had for years, constantly in them and My fees were probably in the 1000s, over 5k I would imagine. I had a call straight away regarding one of them and it was rejected and I’ve still not had my decision letter, the other one I’ve received a call this morning but I’m at work, however I’ve just checked my accounts and had £400 pounds added across the 2 accounts including the one my claim got rejected for.
To be honest I’m annoyed as there was no option to accept this as was awaiting a decision on both accounts before I escalated it to the financial ombudsman.
Does this mean now they would think I accepted this and I can no longer escalate it and also in my mind it’s an admission that they should of seen how I was struggling beyond belief. Obviously an unexpected £400 is a big help, I’m no longer in either overdraft but it’s probably only 10% of what I gave them over the years.
Sorry for the long post but any advice is much appreciated
Thank you.
Sara (Debt Camel) says
If they didn’t ask you if you accepted this offer in settlement of your case, they there is no problem with you sending the case to the Ombudsman. When you get the decision letter, pass it on to the Ombudsman and say you want the case to continue as £400 is inadequate.
Dill says
Hi Sara, brilliant website, thank you.
I sent in a complaint to Barclays about my overdraft and credit card a few weeks ago based on the fact I have been in my overdraft almost every month since about 2007 and they have done or said nothing about it.
They contacted me today and said they want to speak to me (not going to read anything into that though). They are calling me back…
I wondered if there was any advice for arguing back with them about start dates? As I say, I am not counting my chickens but if they did say they were only going back 6 years is there ever any scope to argue/negotiate or anything useful to quote at them (I note from another comment you say you can’t go back further than 2007 because that is the date the rules came in).
Or is there no point trying that and if they say too short a period just go to the ombudsman?
Many thanks
Sara (Debt Camel) says
I would be very surprised if they go back further than 6 years, but until you know what they are going to say it hard to come up a reply.
Dill says
So, as you suggested they say they only have to go back six years.
They have offered to refund my charges (about £800) but not the interest (about £1800) as they say they have done nothing wrong. But surely multinational commercial enterprises don’t make ‘goodwill gestures’ unless they think they are in the wrong so…
The basis for saying this is they sent me letters about my overdraft usage. I did see the letters but there isn’t much I could do to reduce the overdraft when struggling with other debts. They say they only have the ability to send these generic letters and that absolves them of any wrongdoing, is that correct?
Sara (Debt Camel) says
I suggest you send this to the Ombudsman.
Jay says
Hi,
I took out a HSBC student account in August 2020, In 2021, HSBC mistakenly changed this to a graduate account, one year into the student account, even though I was on a three year course. With the account, I have had a £1000 overdraft, basically maxed out. With my account being changed mistakenly to a gradate account, HSBC never reviewed to see if it would be able to get the £2000 overdraft in year two or the £3000 in year three.
I complained to HSBC, my account being a graduate account for the last two years despite me being a student still. HSBC replied ‘They regret this is an error and appears to have been due to your UCAS letter not being recorded accurately on our system’. ‘They have the option to convert my account back to a Student Account however, as I’ve advised I am are graduating this summer, they feel this action is senseless at this juncture’. HSBC apologised for the error and have applied £50 compensation. Do you think I would likely get anymore from going to the financial ombudsman? Also, do you think they are wrong not to change my account to a student account now? With my account wrongly being a graduate account for the last two years they will no doubt try to start charging me interest on this remaining £949 overdraft balance, saying my graduate account period is now over. Even though I am graduating this summer.
Thanks
Sara (Debt Camel) says
I think you should ask them to confirm they won’t charge you interest for 2 years. Get this in writing.
Emily says
Hi Sara, I made a complaint with Lloyds and have received my final decision letter, I have since sent this to the Ombudsman as in my opinion the offer wasn’t good enough my question is however, in the banks decision letter they stated they would refund fees and remove my overdraft on 10th June (yesterday) however this hasn’t happened, would they continue with remedial action after a case is sent to the FOS or wait for their decision before doing anything, thanks
Sara (Debt Camel) says
I think you have to wait and see and what happen with your case.
Sarah’ says
Hi,
Wow thank you for this amazing website, I put an affordability complaint to the Halifax approx 4 weeks ago regarding 2 overdrafts I’ve had since 2012, never got out of them until 2021, my complaint for one of the accounts was refused within a day and was just waiting on the decision letter for both to send to the ombudsman.
I posted here a week ago as had a random 400 put across my 2 accounts and was still waiting for the letter as believed they were not responsible in giving me the overdrafts.
Fast forward I’ve received my letter today and can’t believe it but they have obviously looked into my accounts and refunded all my interest and fees from 2018, I have 3k being paid in on July 7th, they will cancel my overdrafts but I haven’t used them since 2021, I’m a different person now.
The £400 was the tax I have to pay on the interest, not quite sure how I will be asked to pay it.
Anyways sorry for the long message but a huge thank you as I just accepted it was me that messed up.
I’m still in shock, I’ll be paying a loan off for 1700 and then I’m debt free, my financial plan has been brought forward by at least a year thanks to you.
I’m forever grateful for your advice.
Sara (Debt Camel) says
Great news about the refund.
I’m not sure though what they have done about the tax. The way this should work is that the refund of interest and charges is not taxable – it’s your own money you are Getting back – but the 8% statutory interest they add on is taxed as savings. Halifax should deduct 20% tax from this before paying you.
But you may be able to get a refund of £200 (or more if you don’t pay tax) back from the taxman. See https://debtcamel.co.uk/ppi-payday-refund-get-back-tax/
Sarah says
Thanks Sara,
I’m totally confused about the tax thing, I pay tax as I work so I’m not sure what to do, I’m sure it’ll work out come April.
I have to say that 3k is amazing but I obviously had the overdraft from 2012 up until 2018 which they are not including so there must be another 6k of fees that I paid during that time and those times I was really struggling.
I suppose it’s doubtful that the ombudsman will go beyond 2018 now.
I’m still extremely happy that I’ve gained an extra 100 a month into my income after paying off the loan.
Thanks again Sara
Sara (Debt Camel) says
The tax will not “work itself out” – if you want the £200 refund from HMRC you have to make a claim for it. Halifax must send you details of the 8% added and the tax deducted – when you have those it will be pretty easy to claim the refund from HMRC if you wait until April next year – a note for your diary!
It isn’t certain the Ombudsman will go back further. But you are not putting the current offer at risk by sending your case to FOS – up to you if you want to try for a larger refund.
Siobhan says
NatWest has rejected my complaint because the overdraft was set up in 2015. I lived in my overdraft every month within a week of being paid and this continued until 2020 when I entered a DMP. I had charges every month for years for over going the overdraft limit.
Is it worth me going to FOS due to the time?
Sara (Debt Camel) says
Yes it is. FOS can always go back 6 years, which would be to 2017, and can choose to go back further if you have only recently found out about these complaints.
Make the point to FOS that although you knew your were in financial difficulty in 2020, you were unaware that NatWest should have checked the overdraft was affordable so you didn’t realise they were partly responsible for your problems and at that point had no reason to complain. Also say your DMP firm knew about your problems and they did not say you could ,are affordability complaints.
Siobhan says
Thank you.
They have said in their final response letter that they could see I was in difficulty from 2016 and that I had interest and charges monthly up until 2020 so I’ll send all this over FOS and update with what they say
Ben says
Hi there,
I recently made a complaint about a 3000 pound OD that I have been in consistently with TSB. Without waiting for me to accept an offer they have refunded 1700 in fees, which seemed great at first but they also canceled all OD facilities on the account. So I’ve gone from 2999 into a planned overdraft to 1300 into an unplanned one. This no longer feels like an improvement and could snowball quickly. I had a bad feeling so I emptied the account of what money it did have last week to make sure it wasn’t swallowed up by the OD canceling. But if I hadn’t done that I would have lost this months utility bill money .
Any advice on how I should proceed?
Thanks
Sara (Debt Camel) says
Open another bank account?
What was the offer TSB made you? A refund over what period? Did it mention removing the overdraft?
Ahmed says
Hi dear sara
I have logged a complaint to halifax for my overdraft on 9th may they bank conform the complaint and they said they will in touch if they need more information
On 9th of june they replied again saying
Dear Mr xx, we’re writing to let you know we’re still looking into your complaint. We know this has taken longer than you expected and we’re sorry about that. Your reference number is cx. If you need to speak to us, please call 0800 096 1279. If we haven’t resolved your complaint by 09 July 2023 we’ll be in touch to explain why and what we’ll do next.
Could you please tell me should I wait for their response or give them a call thanks
Sara (Debt Camel) says
Just wait. You can’t make them speed this up. If they don’t respond within 8 weeks, you can send the case to the O budsman then
ahmed says
Hi sara thank you very much i had call today from halifax they paid my £2800 overdraft and cleared it from my account plus they pid extra £640 As they said they can just go back to 2017 and they accepted they shouldn’t had increased my limit
But my question is i was using the overdraft since 2011 and i am limit was £5k
And i believe from 2011 to 2017 i have paid them nearly £4k fee which they didn’t refund me could you please advise should i go to the obdusman or what should be the next step to take the fee from 2011 to 2017 thanks
I told the case handler i would to get refund from 2011 butt he said he can just go back to 2017
Would be very kind for your reply
And thanks again for your help 🥰🥰
Sara (Debt Camel) says
The Ombudsman can decide to go further back than 6 years when you have only become aware in the last 3 years that the bank should have been checking the overdraft was affordable for you.
Did the Halifax case handler mention that 3 year rule?
ahmed says
Hi sara
No he didn’t said anything about 3 years rule he said he can check just 6 years old in his system even i said to him i would like to go back 2011
And i did calculations have paid allot of overdraft fee from 2011 to 2017
He said i will receive a letter as well explaining
And he accepted that the bank last check affordability it was in 2017
And i never knew it before the affordability claim before seen your vlog last month just then i came to know
So please could you suggest me what to do next thanks 🙏
Sara (Debt Camel) says
Probably go to the ombudsman. But wait and see what the letter says?
Sam says
Hi Sara
I have had a overdraft limit of 1200 for over 10 years but it’s never been increased but my wages was £1450 I had so much gambling on account especially over last 5years in that time i have missed bills quite often and my overdraft is at its limit within a week of being paid is this worth going to bank and asking for refund
Thank you
Sam
Sara (Debt Camel) says
Yes definitely.
Anna says
Hi Sarah. I made an affordability complaint for all accounts held with Santander for me and my husband which all gave overdrafts on we have been in every single month for years. I have my a gazillion phone calls and web chat complaints about them not getting back to me. It’s with the FOS and they responded they were giving a chance to Santander to respond. It’s now over 8 weeks. (I sent the acknowledgment letter from Santander to the FOS also. I phone against last Monday and was told I will get a decision by Friday. I had to call on Friday again and they still haven’t got a decision as they are waiting for information from other department. This is unreal. Any suggestions? I have stressed to the so many times that my husband’s mental health has suffered due to this but they obviously don’t care about it.
Sara (Debt Camel) says
when did you originally make the complaints to Santander?
Anna says
12thApril 2023
Jen says
Hi anna I put in my original complaint on 5/4/23, when I called for an update they also told me waiting on another dept, that was last week, they called on 14/4 with acc adjustment details & redress in my acc 15/4, hope this helps with timeline
Sara (Debt Camel) says
OK so it’s not much over 8 weeks and you have sent it to the Ombudsman. That is all you can do at the moment.
Santander seem to be in a bit of a mess. At first they were rejecting all complaints – well at least they have stopped doing that. They are now making some good offers eventually but it isnt speedy. See the comments below this article https://debtcamel.co.uk/santander-overdraft-complaints/
Can I ask what the rest of your finances are like? Do you also have credit cards or loans that are difficult to pay? Do you have a mortgage?
Anna says
Yes finances totally in a mess. I have a mortgage with them which we have never defaulted on but payday loans, credit cards loans, HP all which we can’t afford (I’m on a DMP also). We tried to remortgage with them to clear some down and it was rejected so they are well aware of our situation
Sara (Debt Camel) says
payday loans, credit cards, loans
are all of these in your DMP?
have you looked at affordability complaints against all of these? See https://debtcamel.co.uk/refunds-catalogue-credit-card/ for cars, https://debtcamel.co.uk/refunds-large-high-cost-loans/ for loans and https://debtcamel.co.uk/payday-loan-refunds/ for payday loans.
why are the overdrafts not in your DMP?
HP – is that car finance? How long ago was it taken out?
Jonathan heard says
Well at last the fos has picked up my complaint now. I complained about the overdraft and also the resolve loan they gave to clear the cancelled overdraft. These have different case handlers. Barclays have already raised an objection to them (fos) due to when the loan was given. Will be interesting and will keep you all updated j
Kay says
Hi, I complained to RBS regarding my overdraft and affordability. I have constantly been in my overdraft for the past 4 years and RBS have allowed me to increase on several occasions.
They replied stating they were not lending irresponsibly and that they would not refund any charges.
I have since taken my complaint to FOS. Not sure if I have a sting case. Any thoughts?
Sara (Debt Camel) says
“constantly in my overdraft” so for every day of the month?
Kay says
Yes, every month. I’ll be out of it for maybe a couple of days then I’m straight back in it once bills start to come out.
Sara (Debt Camel) says
Then that sounds like a good complaint to me
Ashley says
Wow, I’ve just sent off my claim letter to Halifax dating back to 2017. Over 8k… to say I’m disgusted in myself is an understatement but I’m hoping that they see reason. Essentially living in a 5k overdraft, persistent snowballing, daily fees incurred meaning I will never get out of the debt I owe unless there’s a miracle. No annual reviews, no identifying unaffordability, no offers of support, fee freezing, systematic reduction of overdraft amount… I can only hope,
Sara (Debt Camel) says
Hope… and send to the Ombudsman if you don’t get a good offer.
In particular with Halifax and Lloyds, don’t be fobbed off with the “we are stopping the refund in [October 2021] as we wrote to you at that point so you could have acted” response.
These were generic letters amounting to little more than “did you know if you use your overdraft less your charges will be lower”…
Many people don’t remember receiving them. One person asked for a copy and they couldn’t produce it…
Ashley says
So, a quick update. A ref number assigned on Monday plus a text to advise they’d be in touch. And not to worry if I missed them, they’d try again.. A missed call later in the day (after a Google search to figure out who it was!) but no voicemail or further calls. I couldn’t answer as I was in a meeting unfort. Do I wait for another call? A letter? An email? A message on my online account? Somewhat nervous as to what I might need to go through with them over the telephone. This fiasco has been going on so long now I couldn’t possibly remember everything without taking some time to take stock.
Sara (Debt Camel) says
If they start giving you details over the phone, or asking you questions, I suggest you say you rather deal with this in writing.
CM says
Good luck. I found Halifax to be quick, I receive my outcome in four weeks. My complaint was partially upheld as they said there was evidence of unessential spending but I have now gone to the ombudsman. I’m not giving up!
Ashley says
Do you mind me asking what Halifax’s original response was? Any form of offer?
CM says
After four weeks I called the Halifax and they advised someone would be in touch later that day. I was called by the investigator who was really nice. Halifax did not agree with my complaint for 2017, 18, 19, 20 or 21. However they could see I was in financial distress from March 2022 so all fees were refunded from that point. My £2K overdraft was cleared and closed whilst I was still on the call. I made sure that I didn’t say that I agreed to their offer as my overdraft issues go back years not just from March 2022. I am happy that my overdraft has been cleared and I have submitted by case for 2017- 2022 to the ombudsman.
My advise would be to call them after a few weeks to nudge them in the right direction and if they want to speak to you take the call and don’t worry about it.
Good luck.
Gemma says
What department do you call? My complaint is with NatWest but if I need to call them who would I contact?
CM says
Hi Gemma,
I received a text from Halifax with my complaint reference number and number to call if I needed to contact them. Good luck.
CC says
Check your account. My husband had this, he missed a call but the refund was put into his account without him actually agreeing to it.
The refund wasn’t for the amount he was expecting so we waited for the official offer in writing and then sent to the ombudsman.
Ashley says
Thanks CC!
No movement in my account unfort – did it take long between your husbands missed call to monies going in? Whilst I’d love to see just anything happening the pessimist in me feels Halifax will now be trying to battle any claims they receive. 😕
Sara (Debt Camel) says
It may well be they make you a poor offer or reject your claim. This happens with many good claims that have to go to the Ombudsman.
Ashley says
Thanks Sara!
Ive had a postal letter arrive today . They admit that they should have reviewed my overdraft facility back in October 2017 and “didnt act in my best interest at the time”. They’ve agreed with my compliant stating that they will pay all fees and charges I had between October 2017 and April 2021 which would have been when I received letters from them offering held and support with my overdraft facility. These fees will be used to reduce my current overdraft, to be actioned in 30 days (I’ll still be paying daily interest until this point then!) – In total they are offering £5380 (including the 8% interest) and a cheques enclosed for £50 compensation. My original to date calculations are more in the region of £8k.
These offer letters would have been standard issue and for someone struggling with debt and all that comes with it very scary tto ake action upon receiving – do I have a case for referral to the Ombudsman for the time from April 2021 to date?
Also, do I risk cashing the £50 cheque they included? Is that seen as acceptance of the offer?
Sara (Debt Camel) says
Yes you do have a case. Those were generic letters – they didn’t say that your overdaft was unaffordable, they didn’t offer sepcific help, just said you could get in touch if you needed this.
In my opinion sending those standard letters is NOT a substitute for properly reviewing your specific overdraft and at its annual review. So the bank should still pay a refund after that point.
Unless Halifax said they were offering you the 5380 refund plus the £50 compensation in full settlement of you claim (they don’t normally) and asked you to confirm that you accepted this, it’s probably fine to cash that cheque. I don’t remember any banks having any difficulty with this.
Does the 5380 put you safely back out of your overdraft?
Ashley M says
Hi Sara!
So, I completed the online Ombudsman claim July 31st, received a start response 14 days later with a reference stating up to 4 months for it to be picked up. Didn’t expect any movement from them for sometime.
Expected the initial £5k offered by Halifax to land in my bank at latest close of this week based on their 30 (working) days. Decided to let them do this and then let the Ombudsman (if agreeable) do what the needed for the shortfall from my initial request.
Have had no more correspondence with either party….. and yday Halifax deposit 2 payments into my account. An initial £450… and a few hours later £9998! (Closer to the £8.5k I’d originally requested and what’s on my ombudsman claim).
Confused but trying to not be joyful.
Is it likely the ombudsman has advised Halifax of my escalation and this has given them a kick?
Sara (Debt Camel) says
Yes, the Ombudsman will have asked Halifax to supply the case file. (People often think the Ombudsman is doing nothing before a case is picked up, but actually the early weeks are getting the case ready to be looked at. They have your complaint so they want the case file from the lender too.)
I suggest not getting too excited is a good idea. But still… bet your bank account has never looked so good!
CW says
My OD complaint has been with the FOS for 4 months. I had an email yesterday advising it’s likely to take another 2 months before it gets picked up by an adjudicator.
Kim says
Mines been with them since January and I’m still waiting for a handler as well
Jonathan heard says
Yep my complaint went in January and has only just been picked up within the ladt 2 weeks
Gemma says
Hi I have just sent my complaint via email to NatWest. I have basically be using my £1000 overdraft since 2012. I will wait to see what sort of response I receive from NatWest.
James says
Please post when you get a proper response. Mine’s bene with them for just over 4 weeks now and not heard back – taking it as a positive if anything (most likely it’s a backlog, best case they’re taking it seriously and getting approvals etc)
Thanks
Sara (Debt Camel) says
no really, no one has looked at it. This isn’t good news or bad news – it is just no news.
AB says
Hello, firstly thank you for the helpful service you provide. It was only when I read the article in The Guardian mentioning your work, earlier this year, that I realised I had a case. Lloyds have replied to me, apologised and repaid my fees as far back as 2017 plus interest. However I sent them statements from 2006-2012 which show that the overdraft was in place even then. I am pleased and relieved to have the refund that has been given to me, but am wondering if it is worth pursuing it further with the Financial Ombudsman, given that the overdraft was in place at least 11 years before 2017 and I have statements to prove this? I am trying to weigh up if it is worth pursuing this further as I imagine it could be a time-consuming and stressful process. Is there a lot more involved in this stage of the process with the Ombudsman? Thank you.
Sara (Debt Camel) says
The Ombudsman makes oddly erratic decisions on whether it will go back further than 6 years for overdrafts. Some people win, some don’t and I can’t really predict who will.
It isn’t particularly time consuming. And if you go in with expectations low, it shouldn’t be that stressful, as anyting you get will be a bonus. But it’s up to you.
Can I ask if Lloyds refunded you up to the current date? because they have the bad habit of stopping a refund at the point they sent you some generic letter in 2021 or 2022.
AB says
Thank you for your reply about the Financial Ombudsman – I will apply and hope for a positive response, as I have relevant statements going back so many years. The letter from Lloyds said they had calculated how much in charges had been applied to my account since April 2017. There was no mention of a cut off date so I’m assuming it meant to the present day. Thanks again for your help.
Jed says
Hi Sara,
Regarding a £7500 overdraft from NatWest that I have been in and out of for a few years and am currently maxed out on, now costing me a few thousand in fees (200 a month now), would a complaint be suitable even though they have emailed me previously asking to be contacted to help me reduce my overdraft balance? I feel like I fit a lot of the criteria considering the most I have earned was £2000 a month and this was only for a short period, so such an overdraft seems crazy, my statements are unfortunately full of gambling deposits, often taken out of the overdraft and into their thousands, the fact that they allowed me to receive a money transfer credit card with a £6000 balance also within the last year, and take out a £5000 loan 2 years ago. I just feel like the email they send once a year pretending to be worried about my overdraft will give them a get out of jail free card.
Thankyou!
Sara (Debt Camel) says
You can overthink these things. Stop worrying and make the complaint – about the overdraft, the money transfer credit card and the loan too.
Sending a “worried” letter does not absolve Natwest from the responsibility of making sure the overdraft is affordable or of checking the other credit applications carefully.
Andrew says
Hi Sara
HSBC have fairly recently closed my account due to me being almost £500 into an unauthorised overdraft. This is due to gambling and not the first time I got myself into the situation.
My argument is that, the bank letting me deposit that much to online gambling sites without having sufficient money in my account and no overdraft to use. If I tried a purchase in a shop with no money in the account, the purchase would be declined, but always allowed me to deposit to gambling sites.
Now they are chasing this debt via a debt collecting agency. Do I have a case to contest it? Seems very irresponsible to allow me to do it on many occasions.
Thank you in advance.
Sara (Debt Camel) says
Did you have an overdraft that you were exceeding?
How often did this happen and over how long a period? Did they ever contact you about this before closing the account?
And are you trying To stop gambling?
Andrew says
I never had an authorised overdraft due to my credit rating. So anything below zero was unauthorised.
They contacted me about repaying it but I just couldn’t at that time, maybe now I could pay back a small amount each week or month.
Gambling problem is better as I don’t have access to money, tried to combat it that way. All my money stays with my wife. Online gambling is too easy. I am under GamStop, but there are still some sites not commissioned by UK regulations that can easily be signed up with. I also had a gambling site block on my bank account to stop me depositing, but I understand that doesn’t work for all sites either.
this happened many times over the passed 6/7 years at least, maybe longer. Maybe not always to the extent of £500, but I’ve always been able to deposit money to gambling sites with no money in my account. I’m pretty sure I contacted them about it aswell some time ago, I can’t remember what they said but they didn’t stop it happening obviously.
Sara (Debt Camel) says
I also had a gambling site block on my bank account
On this HSBC account? How long have you had the block on? Can you go back and see which accounts you were allowed to deposit to despite this block?
Andrew says
Yes I had the gambling control on my account for the last year or so and was able to deposit into some of the online gambling sites. I’ve been on GamStop longer than I had the gambling control on my bank account, it was another effort to stop me doing it. It did state when doing it that it won’t stop transactions to all gambling sites. My bank account is now closed but i have the past 12 months statements on my phone and can see the deposits, the companies aren’t actually named on the statements, I would be able to name a few off the top of my head.
Sara (Debt Camel) says
Well in this situation there is nothing to lose by putting in a complaint to HSBC. Say they allowed to to deposit money to sites when this took you overdrawn for a many years and they should have blocked these transactions. Ask for a refund of the fees you were charged.
Andrew says
Thank you for your advice. I will do this and let you know the outcome for any others in the same situation.
Thanks again.
Andrew says
Hi Sara
I had a very swift reply from HSBC. I just need to know whether it’s worth going to FOS, or take the offer and arrange payment plan to pay the debt.
This is what they said….(I’ve shortened it)
You made four Visa International Payments on 2 and 3 November 2022. It is within the bank’s policy that even if you have no arranged overdraft facility some transactions might still go through. However, I do agree we should not have authorised these payments and allowed them onto your account.
The balance was £478.16dr which included the non-sterling transaction fees and £6.00 overdraft interest.
You did proceed to make these transactions knowing you did not have an authorised overdraft facility, therefore you are still liable for the debt.
I am unable to write off your debt as requested as it is valid, you did make the transactions and failed to contact us to repay the debt. You will need to contact the external Agent to arrange a payment plan.
I am sorry we did fail to stop the transactions being authorised. In recognition of this I would like to offer you £100.00 compensation for this error.
Whilst this may not be the response you were hoping for, I hope I have clarified the banks position.
Sara (Debt Camel) says
were these the only 4 transactions where this happened?
Andrew says
No, I said it’s been happening on and off over the last 6 or 7 years at least, maybe longer. I’ve just managed to get myself out of it before hand, by borrowing money to get me back above zero balance. I’ve told them this.
Sara (Debt Camel) says
OK I suggest you go back to HSBC and ask how many times this has happened over the last 6 years and then suggest that £100 is inadequate compansation for this.
Andrew says
Ok thank you. I have just emailed them back, I’ll see what they come back with. Thanks again.
Andrew says
I had another quick reply saying this…
I appreciate your comments, however, I feel the £100.00 is fair and reasonable and will not be increasing the offer.
If you remain unhappy you will now need to refer your complaint to the Financial Ombudsman Service, their details were shown on my previous email.
I have requested bank statements dating back to 2016 until the account was closed so I can check through and note all the times it happened and take it to the FOS.
Andrew says
Hi Sara
If a company is happy for you to take the case to the FOS, does that mean they’re confident the decision will go in their favour?
Thank you.
Sara (Debt Camel) says
No! They are obliged by the regulator to tell everyone who complains of their right to take the case to the Ombudsman.
Ceri says
In December 2022 I forwarded information proving there was an active account in which Lloyds could obtain information.
Then in January 2023 I contacted the Ombudsman because I had not had any contact from them, it was then I found my Case manager was no longer working for the FOS, but my case was in an Investigation Queue. Still nothing in April given the same answer.
June 22nd 2023 because I had had not contact from the FOS, still no information but the gentleman I spoke to said the decision would probably stand but he would forward an email requesting someone to take another look at my Case because of the further evidence sent.
Today, 30th June 2023 because no email or phone call as promised I again contact the FOS, I again get an apology and while I am on the phone to the FOS the gentleman I am speaking to emails the Team Manager. His reply stated, ‘Your original case manager has given you her opinion, then passed your case to the Ombudsman. Their decision was based on the fact I complained out of time! We haven’t investigated whether the overdraft was unaffordable for you or not, as we need to establish if the case has been brought to our service in time, and in this instant it hasn’t.
I explained to my case manager that it wasn’t until I read it on Debt Camel I had any idea a case for affordability could be made.
not sure I am being dull but my case has not even been challenged by the Ombudsman with Lloyds because in their opinion I contacted them FOS too late.
Sara (Debt Camel) says
I am sorry but it seems really unlikely that there is any information about your overdraft from 2008-2010 when you entered a DMP. The account should have been closed in 2010.
There is a separate issue of where your share dividends are being paid to – if you go to your local Citizens Advice they should be able to help you locate these.
Ceri says
Thanks for your help and reply.
I have all the information about the overdraft etc I was still having correspondence from Lloyds well into 2012. My DM company also gave me details. I found my share dividends through Lloyds who gave me the account details. So Lloyds could of reviewed my account for affordability.
My concern is the FOS say they never reviewed my case to see if I had a case of affordability because they decided it was too late. Yet the case advisor asked me to discuss and write down quite personal things that had happened during the time., and they constantly told me that my case was in an investigation queue. I hope you can appreciate my confusion.
Kind regards
Ceri Thomas
Sara (Debt Camel) says
So I am guess but:
My concern is the FOS say they never reviewed my case to see if I had a case of affordability because they decided it was too late.
this is normal – they won’t look at a complaint until they decide if it is in their jurisdiction.
Yet the case advisor asked me to discuss and write down quite personal things that had happened during the time
the adjudicator may have been trying to see if there was any reason why exceptional circumstances applied.
Ceri says
Hi thanks for the speedy reply really appreciate it. I explained that I lost my mum. My sister in law was diagnosed with cancer and when she passed away we found out she had been mis diagnosed which then resulted in a mis diagnosis case against the Trust. I personally experience DV, Also further loss of close family and friends.
I explained I also have a medical condition gained through doing a charity parachute jump in 1989 and was still having medical treatment. I also had to have counselling for a period of time because of the issues that had taken place, and trying to sort the Debt that I was now in through Lloyds.
I appreciate you taking the time to reply, I’m not sure I could of told the case manager more I literally laid my life out to her which I was avoiding because of privacy, to then receive a reply that basically said, sorry for your problems but basically I could of spoke to Lloyds sooner.
Kind regards
Ceri Thomas
Sara (Debt Camel) says
It is very unusual for the Ombudsman to decide that they can look at a case that is that old because of exceptional circumstances, I am sorry but there is nothing you can do to challenge a decision from an Ombudsman.
Ceri Thomas says
Amazing help, thank you.
Thanks for explaining everything so clearly.
I just got so disappointed when The Ombudsman’s appears to have not even opened my case to investigate it.
Once again thank you for all your help, this web site is amazing.
Kind regards
Ceri Thomas
Norbert says
A peculiar incident occurred, and I’m uncertain whether it’s a figment of my imagination or a lapse in memory. I began investigating a matter to lodge a complaint and revisited my account to verify my 2009 earnings and other related details. I was quite confident that I had downloaded the statement and/or csv files for the entire duration I held my account with Lloyds.
Upon raising the complaint, I received a call from Lloyds. They informed me that they could only retrieve records from the past six years. I expressed my doubts about this, but they reassured me and began their investigation, promising to revert in eight weeks.
However, what’s odd is that now, when I attempt to calculate the potential refund, I’m unable to access statements beyond the past seven years. This surely can’t be correct? I opted out of paper statements quite some time ago, and ordering them costs £5 per statement. Considering the number of months since January 2007, this could add up.
Has anyone else experienced this with Lloyds? Also, I would much prefer the digital format. How can I obtain this if it’s not available in my account?
Sara (Debt Camel) says
So the statements that you downloaded can’t be found?
Norbert says
I don’t have them. I might have accidentally deleted them or confused them with another account. I just visited their website, and it seems they can only retrieve statements for the past 7 years. I just wanted to confirm, if I receive an offer, how does it compare to the actual total they should refund me.
If it goes to the ombudsman, will they ask Lloyds to provide statements for the entire period?
Sara (Debt Camel) says
so there is a difference between the statements they can retrieve and the list of transaction on an account.
But whether they have the data or not, Lloyds are not likely to offer you a refund going back more than 6 years. And they may well chop the refund off at some point in 2021 or 2022 when they sent you a vague, generic letter saying you could reduce your overdraft charges if you used the overdraft less. If they do that, send it straight to the Ombudsman.
Norbert says
Thank you, Sara. The list of transactions would be enough. Right after I made the claim, they gave me a call to confirm the details. The lady on the phone mentioned that they can only look into the past 6 years. She mentioned getting back to me in 8 weeks. Should I hang on and wait or should I just go ahead and send it to the Ombudsman? I had a £3000 overdraft for the past 14-15 years. I wonder how the Ombudsman will determine the exact amount for the refund, will Lloyds provide them with the statements/transactions?
Sara (Debt Camel) says
You have to wait until they have replied to your complaint OR 8 weeks has passed. Just being told on the phone that they won’t go back further than 6 years is not sufficient, you need the full reply.
Maeve P says
What is the difference between the list of transactions they provide and the statements they produce?
Sara (Debt Camel) says
Statements are a copy of what you were sent.
A list of transactions is a digital list of debts and credits to the account, not formatted into neat statements – but it will still show what charges were debited in March 203 and April 2013 etc
Dsg says
Hi Sara
Hoping you can help again!
I was a uni student about 10 years ago and opened a NatWest account to take advantage of their overdraft I believe at the time it was better than other banks, however all my student finance and pay from my weekend job I worked at the time were paid into a Halifax account. The NatWest was to simply have the overdraft.
I graduated a few years later but have kept the overdraft which I’ve been consistently in since. I’m not sure if it was ever paid off from memory but has a current balance of around 650. I am transferring money from my Halifax account to try and pay this off. After uni I worked full time for 3 years, then got pregnant, redundant and went back part time from 18 hours to 28. Do you think I could get any interest refunded on this as it was not my main bank account??
Sara (Debt Camel) says
How long has interest been charged on the account? Have there been long periods where you have not deposited any money but interest has been added so the balance gets higher? or have you always credited the amount of charges every month?
Dsg says
Interest has been charged since about 2016, one parts of the clause was that I had to keep a direct debit coming out of it so set up my car insurance to come out of this account. More often than not I’ve just paid the amount of interest and the direct debit amount so the balance never really improved
Sara (Debt Camel) says
Well you can try. I would expect the bank to reject this. i don’t know what the Ombudsman would decide – it isn’t really obvuious to the bank that you are in financial difficulty.
Claire says
Hi! I just want to Thank you so much for your help with the affordability complaint! My husband has had a £5000 overdraft with NatWest for over 13 years, they aren’t even sure when it began! We complained to NatWest first but it got refused. We went to the FO and it took around 6 weeks but they have now come back to us with refund and interest of £7240!!!! It clears the overdraft and will go toward other debts. That’s nearly £150 of interest and charges we won’t be paying month after month. We never thought we would see the end of the overdraft. Thank you so much for your help we are over the moon 😅
Sara (Debt Camel) says
great result!
James says
Waiting to hear back from NatWest in the next couple of weeks… based on comments on here it feels like they don’t seem to accept many complaints so guess I’ll be going to the ombudsman.
Anything specific you included that you’d recommend?
Thanks
Gemma says
I’m also waiting to hear back from NatWest- did everyone just contact via the email address? Also when contacting the ombudsman is there a template letter or form to use?
Sara (Debt Camel) says
use the Ombudsman’s online form – link to it in the article above. This speeds up getting your case correctly entered into their system.
George says
I’ve had an O/D complaint with NatWest sitting with FOS since early March and still not allocated. When I called they said overdraft complaints department (or whatever unit deals with it) is taking around 4-6 months for allocations.
NatWest were pretty quick to reject it (witching 2 weeks of receiving) but I’m hoping FOS changes this. The £50 a month I’m still paying is killing my wallet!
Sara (Debt Camel) says
What are the rest of your finances like?
John says
Hi there, I have had an account with Halifax and over the course of 6+ years I have lived in my £2500 overdraft and needed it for my basic living requirements through direct debits etc.
I am maxed out each month and on occasions the daily overdraft fees take me a few quid over before I get paid again. My monthly salary does not clear the £2500 overdraft, therefore I have ended up in a cycle of living in it and possibly only ever coming out of it once in the entire time.
I am going to make an affordability complaint and understand they have 8 weeks to review. I have in the past queried my charges over a period of time but never taken it any further.
I am worried that if I make this complaint could the bank remove my overdraft or give me notice of removal and therefore leaving my in dire financial stress?
Your thoughts would be greatly appreciated on this matter and whether you think it is a solid foundation for a complaint.
Sara (Debt Camel) says
I think that sounds like a very good complaint. Banks normally behave well when a complaint is made. The examples I have seen where a bank closes an account or removes the overdraft tend to be odd situations, for example one where the customer hadn’t deposited anything into the account for years, another where the customer had also applied for a debt manage plan at the same time and the closure would have been because of that.
But if you are very concerned, why not open a new bank account so it is there if you need it?