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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 25th September 2007, 03:09   #1 (permalink)
youngdemalza
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Default charged for not going overdrawn

Hello,

I am trying to reclaim charges made by my bank( A & L) when they expected me to go overdrawn. I checked my account by phone and found that I was about to go over my limit with two uncleared debits. I spoke to customer services and made an instant cash transfere and also made a cash deposit at the post office this provided sufficient funds to cover the uncleared debits as notified on the system.
I checked my account the next day and found I had been charged for exceeding my limit. I spoke to customer services and was told that as they anticipated that I would go overdraw a charge was made (£50) this remained even though I had not actually gone over the limit. I have written to the bank three times since this happened on the 9th of August the last two letters were sent recorded delivery but to date I received no response.

I hope someone can help with my problem. I apologise if there is already information about similar problems on the site but I could not find any when I searched.
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Old 25th September 2007, 23:12   #2 (permalink)
nicsussex
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Default Re: charged for not going overdrawn

Don't suppose you have it in writing that they charged you for anticipating an overdraft do you?
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Old 25th September 2007, 23:36   #3 (permalink)
djgordyp
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Default Re: charged for not going overdrawn

That's the best I've heard yet. I suppose if they ever go bust, they could always re-open as fortune tellers.
You didn't go overdraw so they can't charge you for something that didn't happen clear and simple. I would doubt very much if it says anywhere in their T&C's that they can charge you if they think you may go overdrawn.
The only other thing I can think of, is, maybe it's an early April fools joke.
If they admit to it in writing would only make it even more laughable
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Old 26th September 2007, 21:17   #4 (permalink)
Parkvale
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Default Re: charged for not going overdrawn

Contact the financial ombusman. Give them a ring in the first instance and see what they say. They may try and put it in the unfair bank charges tray. In which case they won't be able to help you until after the OFT court case.Worth a try though. Good luck. contact us
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Old 26th September 2007, 21:54   #5 (permalink)
youngdemalza
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Default Re: charged for not going overdrawn

Thanks for your message, I am working on getting a written response from the bank. At the moment they are trying to fob me off with the unfair overdraft charges routine but i have not given up I am asking for this to be dealt with as a single event and hoping that they will write explaining their processes.

Last edited by youngdemalza; 26th September 2007 at 22:16. Reason: text not clear
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Old 27th September 2007, 06:49   #6 (permalink)
Parkvale
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Default Re: charged for not going overdrawn

Have a look at this it might help you influence them. Good luck. The Unfair Terms in Consumer Contracts Regs. 1999
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Old 27th September 2007, 10:41   #7 (permalink)
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Default Re: charged for not going overdrawn

I'm kind of disagreeing with the lovely Parky here, sorry, Parky!

I agree that the FOS is your best route in this instance, but I disagree that if they try to throw you in with the penalty charges issue, you should just take it.

The issue here is not that the charges may or may not be unlawful, the issue is that they applied charges when you didn't in fact go overdrawn.

Write to your bank, and tell them that you want a "final decision" in the matter in writing, as the FOS won't get involved until you have that.
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Old 27th September 2007, 15:57   #8 (permalink)
Parkvale
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Default Re: charged for not going overdrawn

Lovely Parky :o
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Old 27th September 2007, 18:01   #9 (permalink)
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Default Re: charged for not going overdrawn

Thread moved to the A&L forum.
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