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This fact sheet will give you some basic information about bank charges.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

Can I claim back my bank charges?

You can claim back any penalty charges you've incurred for unauthorised overdrafts and unpaid items such as cheques, direct debits or standing orders â?? these are sometimes called returned or bounced items.

You should be able to reclaim your bank charges from now back to six years before 21 July 2001. This is the date a legal case was brought to decide whether or not bank charges are fair (there is more information about this legal case below). This may change once the case has been resolved, so you should put your claim in now to ensure you can get back as much of the charges as possible.

How do I get information about the bank charges I've paid?

Under the Data Protection Act your bank must give you information about charges you've paid if you ask for them. They should provide this within 40 days and they cannot charge you more than £10 if you ask for computer printouts (rather than actual copies of statements). If they do try to charge you more or to stop you getting the information you should contact the Information Commissioner (ico.gov.uk or 08456 30 60 60 or 01625 54 57 45).

How do I claim back the charges?

Go through your bank statements from the last six years and highlight the penalty charges. Then write to your bank requesting they pay back the full amount. You can get standard letters to help you with this from the website of the consumer group Which? (which.co.uk). It is always best to send the letter by recorded delivery with a photocopy of your bank statements, highlighting the charges you are reclaiming.

Can I get back any charges on an account I've closed?

Yes, you can reclaim any charges on your present current account or any account you have used during the past six years. If you are complaining about a closed account, remember to give details of any old addresses, especially if you have since moved house.

Can a bank close my account if I challenge the charges?

If you are using the complaints procedure to challenge unfair charges you should not have your bank account closed. If the bank does threaten to close your account you should contact the free and impartial Financial Ombudsman Service (FOS) at financial-ombudsman.org.uk or 0845 080 1800 or 020 7964 0500.

What do I do when I receive a response from my bank?

Your bank should respond within 14 days. If they don't you should complain to FOS.

You have two months to decide whether to accept an offer or not. If you don't contact your bank within that time, your bank will assume you have rejected it.

If you accept the offer, you are very unlikely to be able to argue for more money later on.

If you reject the offer, your claim will be reviewed once the legal case has finished. However, there is no guarantee the case will find that banks have to pay out and you may end up with nothing.

Where can I take my complaint if I reject my bank's offer?

You can complain to FOS if you are unhappy with the offer or you can file a claim with the small claims court (this is your local county court). This fact sheet from Which? has information about doing this. There is a fee to file a claim, although you will get this refunded if your bank pays up. If you have a large claim, your bank is more likely to do nothing until you file a claim at court. However, if you do go to court, you are unlikely to be able to use the free service provided by FOS to help you with your claim in future.

However, while the legal case is ongoing, the banks, FOS and the courts have put complaints about bank charges on hold, so it may be better to wait until this has been resolved.

Do I have to go through the same process if I am trying to get back fees I was charged due to bank error?

You should still write a formal letter requesting that your bank refund the charges. However, as this is not about whether the charges were fair or not, your bank should be able to deal with your request straight away. If they don't, you can refer your complaint to FOS.

Why is there a delay on banks dealing with complaints about charges?

The legal case, a "test case", has been brought by the Office of Fair Trading (OFT) and many of the high street banks to determine whether bank charges are fair or not. While the case is going on, the Financial Services Authority introduced a waiver, which means the banks can put consumer complaints on hold. Until the case is resolved, all cases in the courts and with FOS are also on hold. However, you can still complain and your bank should register the complaint and keep you informed about what's happening.

What is happening with the test case?

The judge in the test case ruled that the OFT can decide whether the charges imposed by banks are unfair. This means consumers are a step closer to reclaiming their charges. However, the banks are likely to appeal, meaning all complaints about charges will still be on hold for the time being.

If the banks don't appeal, the OFT can decide if their charges are fair. If they decide they aren't, they will agree with the banks what charges are fair.

If the banks win the test case, will I have to pay back money I've already had back?

No, you won't have to return any money you've already reclaimed as these payouts were gestures of goodwill rather than legal agreements. You can also start a new claim for any charges youâ??ve received since the payout from your bank, although these will be put on hold until the test case is sorted.

Will I have to wait to reclaim the charges even if I am in financial difficulties?

Although most claims have been suspended while the test case is running, the banks should still deal with any hardship cases. There isn't a firm definition of a hardship case, but it is likely to apply to you if your income is not enough to cover reasonable living expenses or if you are struggling to pay debts, such as mortgage arrears. If your bank doesnâ??t help you, you can complain to FOS.

What about reclaiming any credit card charges?

The test case does not apply to these, so you can complain about credit card fees now. For more information visit which.co.uk/money.

Can I make a claim myself or do I have to use a claims company?

It is easy to make the claim yourself and you do not need to use a claims handler. If you do decide to use one, be aware they usually keep a percentage of the money you get as their fee. All claims management companies have to be regulated and must comply with a strict code of conduct. For information, visit claimsregulation.co.uk.

Can I reclaim my bank charges in Scotland?

The law is a bit different in Scotland and you can only claim back five years of bank charges rather than six. The findings of the test case also will not necessarily apply in Scotland. You should get advice as there could be issues about the timing of your case. You can get information from the Govan Law Centre website at bankcharges.info.