Welcome...

We have been established since 1999 where we have successfully dealt with many banking issues and difficulties for clients. Having a strong banking background we have a clear understanding of how the banking industry and the banks and financial institutions within it operate. We have used this experience and our ability to recover Bank, Building Society & Credit Card ‘penalty charges’ administering in excess of £35 million of claims prior to Autumn 2007 where we are at the forefront of recovering clients Bank Charges. Having developed an effective and efficient system which can adapt to the ever changing policies of the bank to successfully recover clients ‘bank charges’ and ‘penalty fees’.

As a company we have dealt for many years with important aspects of banking on behalf of clients whom have experienced difficulties, building a reputation for success in not only the recovery of bank charges but also other aspects of banking difficulties all of which are listed below.

Using our experience in banking complaints and financial claims management we offer a comprehensive range of services where we can address difficulties our clients have experienced with their bank, lender or financial institution.

Our services are detailed in greater depth through the website where the claims services include:-

Recovering Loan or Credit Card Payment Protection Insurance
Mortgage Fee Refunds
Bank Charges Recoveries
Hire Purchase Charges and Insurance Refunds
General Insurance Claims Shortfalls
Reclaim Unclaimed Assets

Latest news

Bank Charges Test Case - The Facts

Background

The banks decided in July 2007 to go to court along with the Office of Fair Trading to clarify the law on current account charges.

This is because some customers said that the charges levied when customers sought to borrow from banks without prior discussion were penalties or that they were unfair. They started to claim back bank charges they had built up, citing a piece of European regulation – the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) - to back up their action.

It became apparent to the banks, the Office of Fair Trading, the Financial Services Authority and the Financial Ombudsman Service that steps had to be taken to deal with the significant volumes of customer disputes in a fair and orderly way. In the end the only way this could be resolved was by seeking court guidance on these areas of law. As there was considerable public interest, the banks and the Office of Fair Trading thought it was sufficiently important for the issues to be fully tested in court.

What has happened so far

The first stage of the test case process was heard by the Court between 17 January and 8 February 2008. It dealt with certain preliminary legal issues in relation to the terms and conditions used by the banks at that time.

On 24 April 2008 the High Court issued its judgment on the first stage of the test case process. It decided that the current charges could not be penalties but they could be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999. The banks appealed the decision, that the charges could be assessed for fairness, to the Court of Appeal at a hearing which ended on 5 November 2008.

Following further hearings, the High Court also decided that the terms and conditions previously used by the banks were incapable of being penalties but, like the banks’ current charges, they can be assessed for fairness.

On 26 February 2009, the Court of Appeal issued its judgment on this first stage of the test case process and ruled the banks’ current terms can be assessed for fairness under UTCCRs. The banks appealed the Court of Appeal’s judgment.

On the 25th November the Supreme Court ruled that the banks charges could not be assessed for fairness.

Where are we now

After the initial considerable disappointment, we have started to reflect on the ruling and the comments made by the Law Lords, all of which points to the fact that the banks won a victory on a technicality of a small point in law. In turn the FSA has removed it’s waiver that not only protects claims but also protects the banks from concluding claims.

Lord Walker said in the judgment that ‘this decision is not the end of the matter’. Leaving other avenues open to look at claims through different parts of the Unfair Terms in Consumer Contracts.

The Oft, FSA, British Bankers Association and the banks are in discussion to resolve all claims swiftly. Where we are waiting for the OFT to announce how it intends to respond to the judgment, details of which we are due to find out in the next couple of weeks.

Now that the waiver is no longer in place the banks must either resolve or provide a letter of deadlock confirming their internal complaints process is concluded on all claims within the next 8 weeks.

Without the constraints of the waiver we can now pursue the claim and are at present waiting for the first contact from the banks regarding this. Because of the timescales involved in dealing with complaints if you receive any form of contact from the bank could you either email, fax or post a copy to me at our office.

If the banks do not wish to conclude the claim satisfactorily in the 8 week period we can then complete a report for submission to the Financial Ombudsman on two grounds, one being financial distress, an area which is covered in the new banking regulation, and secondly the legal aspects not covered by the Supreme Court’s judgment.

Bank Complaints has been dealing with complaints for almost 12 years and our motto is that we never give up. By giving up the banks will win, and that never achieves anything.

As such we are most certainly open for business and will provide updates and details to clients as soon as we have them. If you have friends or relatives who wish to lodge claims then this may be an ideal time for us to submit claims on their behalf.

Why choose Bank Complaints:-

We have an extensive banking background in the roles of Personal and Business Banking Managers with a proven track record in resolving bank complaints for Personal and Business customers.
Having operated for over 8 years our reputation for resolving difficulties and now reclaiming Bank Charges, Mortgage Fees, Payment Protection Insurance, HP Fees, Asset Reclaims, General Insurance Claims Shortfalls has resulted in our service being used throughout the UK.
Our reputation, knowledge and skill in dealing with banking situations of this kind helps to protect the integrity of our client and maximises the opportunity to recover monies via our claims.
We deal with your claim from start to finish, hopefully achieving a successful conclusion.
We are registered with the Information Commissioner as data protection controllers.
We have an extensive banking background following roles as personal and business banking managers with a proven track record in resolving Bank Complaints for personal and business customers.

We will:-

Contact your bank.
Recover your statement information or other paperwork if you do not have this available.

We have been established for over eight years successfully resolving complaints and obtaining the recovery of fees, charges and mis-sold premiums on behalf of personal and business clients. We are confident in our own abilities to the extent that we as a private firm offer our service on a no result no fee basis, our fee being 25% including VAT of any amount recovered on a client’s behalf.

If you believe our direct involvement will help please complete the paperwork which is available by download for the appropriate service on the site or call on 01803 782266 so an agreement and authority can be forwarded or to answer any questions you may have. Alternatively please email your address and telephone details to info@bankcomplaints.co.uk including the name of the bank or banks whom you have difficulties with (please do not forward your account details by email. You can forward this information if you wish to proceed after receiving our information).

Once you have returned our agreement where there is a fourteen day (cooling off) period when you may cancel your agreement should you wish not to proceed. You can then leave everything with us to begin the recovery process of your charges in a considered and professional manner.

Bank Complaints Ltd is regulated by the Ministry of Justice in respect of claims management activities its registration number is CRM4364, to view authorization please click on the following link

http://www.claimsregulation.gov.uk/details.aspx/4364/Bank_Complaints_Ltd/2.

As a company we are also registered data protection controllers reference Z8045302 where our status can be confirmed by the Information Commissioner by following the link

http://www.esd.informationcommissioner.gov.uk/esd/search.asp