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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