Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    youngdemalza Novitiate

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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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  2. #2
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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 overdrafticon do you?


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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

    HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)
    Paid in full in March 07

  4. #4
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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

    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  5. #5
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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 overdrafticon 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.


  6. #6
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    Default Re: charged for not going overdrawn

    Have a look at this it might help you influence them. Good luck. http://www.consumeractiongroup.co.uk...contracts.html

    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  7. #7
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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 fosicon 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.

    Apologies to people who I was in the process of helping, I may be gone some time.

  8. #8
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    Default Re: charged for not going overdrawn

    Lovely Parky :o

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    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  9. #9
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    Default Re: charged for not going overdrawn

    Thread moved to the A&L forum.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE