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.
I am normally a pretty 'good customer' (I would imagine anyway) I never exceed the O/D limit, my wife and I have a decent(ish - not too great but fairly ok) income and we have a savings account with Cahoot as well which is fairly well stocked.
Anyway - I have a (very sad) policy of transferring our wages straight into the savings account as soon as they are paid in and then drip feeding it back into the current acc as bills need paying - my theory being that this will maximise interest (rightly or wrongly).
Anyway - last month we went away for a long weekend and I forgot - for the first time ever - to top up the current account and a loan payment from RBS was bounced - oops!
I topped the account back up on the monday and it was re-submitted 5 days later and successfull (will that bounce show up on a credit file by the way or will it be ok because a payment was still made in that month?)
anyway - now they have charged me £25 for a returned item which I asked - very politely - to be refunded on the basis that it was a first offencd and they have my savings account etc - basically they told me to get lost which wound me up a little.
so what I am asking is - is this process suitable for claiming even just one payment back?
I'm annoyed on principle really - I mean I guess it was my fault but felt they could have honored the payment as it would only have taken my £50 overdrawn and by the account history they could see it would be paid back straight away. By contrast, HSBC are quite comfortable to extend and exceed my OD limit when someone made £460 of fraudulent payments using my debit card details last month! (HSBC were great about that btw - couldn't fault 'em)
what do you think? am I wasting my time or is that not the point?
it works for any amount of charges, you'd be better off going in tosee the manager if poss as its your 1st 'offence'! failing thet send the prelim letter it may show them that you mean business! good luck
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
I had a similar situation with First Direct - they had only ever charged me £30. All I did was phone up and point out that the bank charges were illegal, that I could take them to court and win but instead of going through that hassle, could they just refund it now - and they did, instantly. I reckon with small amounts like that you can easily get your money back as long as you're polite and firm - if you sound determined, they're not gonna want it to go any further due to the hassle.
I would:
- phone back
- explain to customer services what happened re: last phone call
- say you really don't think it was fair - ask them to reconsider .. say you understand they ahve an automated system, but it is quite obvious you did have the money to pay this bill
- if they say no ... tell them that you 'have' taken legal advice and the bank charges are unfair, and you are quite frankly disgusted with their level of service. Tell them you will take legal action if the situation is not resolved
- if they still say no... ask to speak to their supervisor
- if the supervisor says no... tell them you will be sending them a letter RE: Charge, asking for it back, and could you be put thorugh to the complaints department
- If they still say no.. e-mail them prelim
I think they will probably give in on the phone, saving you the hassle of going through the whole process of sending letters etc...
Good Luck anyway!!
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
I got an email from them which said the charges were valid and would not be removed etc...
Anyway I responded to say I was disapointed and could I have a name and postal address so that I may start a legal process to reclaim the charges. I said that "in the meantime I will start to look for a new current / savings account"
got a reply today.
"we have reviewed your account and (blah blah) - we will refund your charges"
job done - many thanks to this board and good luck to all of you with outstanding challenges!!
Does it work for just one single charge??
(rightly or wrongly).
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