What Can I Claim?

Unfair Bank Charges

Account misuse fee
Cheque return fee
Card misuse fee/ Guaranteed Card Payment Fee
Unarranged borrowing fee/ Maintenance Fee
Unauthorised overdraft fee
Unpaid DD fee
Unpaid cheque fee
Unpaid standing order fee
Late payment fee (credit cards, store cards, catalogues etc)
Exceeding Authorised Overdraft Limit
Exceeding Unauthorised Overdraft Limit

It is estimated that the top four UK high street banks make over £3 billion every year from Bank Charges. Just because bank charge costs are in the banks terms & conditions, it doesn’t mean they’re legally binding: a contract must be written within the law, and banks can’t enforce a contract with legally unfair terms.

If you go beyond your overdraft limit or have a cheque or direct debit payment bounce, the banks charge up to £39 for the privilege – even if you’re only £1 over the limit. Yet all it has to do is send a computer-generated automatic letter with a franked stamp. It is widely believed that the actual cost to the banks is only between £1.50 and £3.00.

Bank charges could be unlawful, if they are unlawful then banks have no right to grab your cash and you should be entitled to claim it back. The banks’ primary argument has been that ‘unfair contract’ terms don’t apply to bank charges, but the Office of Fair Trading (OFT) disagreed, so it launched its bank charges investigation in April 2007 using Regulation 6 of the UTCCR as the basis of the challenge. The Supreme Court upheld the Banks’ appeal on 25 November 2009 that bank charges can’t be judged unfair on price.

However, in his statement Justice Lord Phillips, President of the Supreme Court indicated that these charges could be challenged under Regulations 5 & 8 of the Unfair Terms in Consumer Contracts Regulations 1999.

Phoenix Claims are submitting claims NOW using Regulations 5 & 8. Be one of the first to get their claim submitted citing these new regulations.

If you have experienced bank Charges then claim them back! The sooner you claim, the sooner you will get your money back!

Credit Card Charges

It is estimated that over 14 million people in the UK are issued with unfair credit card charges every year.

In 2006, the Office of Fair Trading ruled credit card penalty fees of up to £35 were unfair and said that it would not launch a specific investigation on any card companies with charges lower than £12. While the OFT ruling had no technical power, across the board, most card companies reduced their charges to this £12 level. This does not mean that charges of £12 are fair – Consumer law states that any charges levied on credit card customers must be proportional to actual costs of the company – ‘does it really cost £35 to send an automated letter when someone’s gone 1p over their limit?’

These organisations are supposed to act within the law and look after the best interests of their customers; they’re not supposed to fine you whenever you have missed credit card repayment dates or exceeded your credit limit.

If you have experienced Credit Card Charges then claim back money that is rightfully yours!

Mis-sold Payment Protection Insurance (PPI)

Payment Protection Insurance / Accident, Sickness & Unemployment Protection / Mortgage Payment Protection / Credit Card Repayment Protection / Personal Loan Protection.

PPI protects a borrower’s ability to maintain loan repayments should they be unable to keep up their repayments due to accident, sickness or unemployment. These are the main risks covered by PPI policies; some unsecured, second charge mortgage, and credit card PPI policies also cover risk to life. The principal forms of personal credit that PPI policies are available for are:

  •  First-charge mortgage payment protection insurance (MPPI)
  •  Second-charge mortgage or secured loan PPI
  •  Unsecured loan PPI (this includes motor loans, hire purchase and catalogue purchases)
  •  Credit card PPI
  •  Store card PPI.

If you’ve got or had a loan, credit or store card in the last six years, you may be able to reclaim £1,000s. The mis-selling of expensive Payment Protection Insurance (PPI) alongside these products has been rife.

You may have been told the insurance was compulsory when it isn’t! That alone counts as mis-selling. If you were self-employed, unemployed, retired, had a pre-existing condition, or are covered elsewhere, then you may have been sold unnecessary policies.

You may have been mis-sold all the above insurance / protection policies if;

  • You were advised to take the lenders insurance at the time of the loan / credit application.
  • The small print was not explained to you including any exclusions to the policy.
  • You were not told about alternative or cheaper products.
  • You were not told that the insurance was included in the payments
  • You were told that taking the insurance would improve your chances of securing the loan/ mortgage.
  • You were pressured into taking the insurance by your lender
  • You worked in the public sector when you took out the policy.
  • The insurance premiums were not explained to you.
  • You were self employed when you took out the policy
  • You were over 65 years of age when you took out the policy.

Some major organisations have already been fined for not treating their customers fairly, including Alliance & Leicester, Egg, Capital One, Liverpool Victoria, Land of Leather ltd, HFC Bank, GE Capital Bank ltd.

If you have been mis-sold Payment Protection Insurance, then claim back money that is rightfully yours!

Mortgage Arrears

If you’ve had mortgage arrears then your lender will have applied “arrears fees” of £35 to £75 per month. Is this lawful? Not if these fees are a penalty or ‘unfair’ charge. We can recover unfair mortgage charges and get your money refunded.

What are the “arrears” fees for?

Most lenders say they are for the extra costs incurred in supervising the account until arrears are paid or the matter is placed in the hands of solicitors. What supervision or administration takes place? Some lenders say that they have to telephone or write to the debtor and instruct enforcement action.

Some customers may receive a phone call and letter early on but nothing thereafter. And when a lender instructs a solicitor it charges a separate fee for this (in addition to the solicitors own fees). The difficulty lenders have is very little extra work appears to take place, and after the first couple of months of arrears there is generally no evidence of any extra work at all (except legal enforcement work which is charged separately under solicitors fees).

Yet lenders continue to levy “default” charges indefinitely while homeowners are in mortgage arrears. These charges are similar to bank or credit card default charges, which the Office of Fair Trading (OFT) has concluded are legally unfair in terms of the Unfair Terms in Consumer Contract Regulations. In other words,a charge will not be fair if it exceeds the lenders actual administrative costs.

You can claim back your arrears charges for mortgage accounts that are open and even closed!