Banks Are Thieves

Claiming your FEES back

There are five means of claiming your fees back.

	1.	Go into your bank or financial institution, and ask for the manager to refund the fees (not all have the necessary authority to refund fees, but CBA and NAB managers do). You should take with you a sheet downloaded from the Choice magazine website with the legal argument as to why the fees are illegal and should be refunded.

	2.	Use the letter from the Choice site and write to the bank. Complaint Letter (for Victoria) Complaint Letter for all other states

	3.	'Phone the bank. This can, if you are assertive and ask the person who answers the phone to connect you with a team leader/supervisor or manager, yield an instant refund. Many bank staff know now that the fees are illegal, have given many refunds and no longer put up much of a fight. The days of "I don't know what you are talking about, our bank would not charge illegal fees" are long gone.

	4.	Write to the Financial Ombudsman Service. E-mail: info@fos.org.au

Sue.

a).	use the CTTT in NSW,
b).	the Small Claims Division of the Local Court or
c).	use the General Division of the Local Court provided that your claim equals or exceeds $10,000.00. Exemplary damages are available in this Court for the Tort of Fraudulent Misrepresentation, which applies to the offence of charging any illegal penalty fee. In other states and territories, Tribunals' and Courts' jurisdictions as to the maximum and minimum amounts claimable in each vary, as does which courts can award exemplary damages. Your local Legal Aid office or Legal Helpline will be able to give the correct information for these matters.

A Current Affair this year featured a segment on a company called Financial Redress which recovers fees and interest*. This is a law firm which follows practice in the UK and which has been set up for this one purpose. Their address is www.FinancialRedress.com.au

*	no exemplary damages