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.
Hi
In April I went over my overdraft limit. In response A&L charged my 3 lots of £25 amounting to £75. I sent them a letter stating that these charges were unfair and totally disproportionate to the amount which I overwent my overdraft. They responded with a letter stating that their charges were not unfair and that it was their right to charge me £75 as it was in my contract with them. I would be very grateful if anyone could tell me if I am still within my rights to claim against them.
Many thanks
ELU
Hi
In April I went over my overdraft limit. In response A&L charged my 3 lots of £25 amounting to £75. I sent them a letter stating that these charges were unfair and totally disproportionate to the amount which I overwent my overdraft. They responded with a letter stating that their charges were not unfair and that it was their right to charge me £75 as it was in my contract with them. I would be very grateful if anyone could tell me if I am still within my rights to claim against them.
Many thanks
ELU
Yes. Continue the process on YOUR timescale.
It is their right to charge you what it costs them for the administration of you going over your overdraft limit but it is an "unfair Term" and thus unlawful for them to profit by their charge. A proper charge has not been established but would certainly be much less than the £75 they have charged you. Until that "proper" charge is established by a court rulling (Not the OFT) you claim 100% of the charges plus any additional interest they added as a result of these charges.
I suspect from your query that you are very new to the forum, and haven't done much reading around or you would know that you are perfectly within your rights to claim back your charges if you so wish, and can do so for the last 6 years.
You need to take the time to read around the forum as it is not something which should be undertaken lightly. You will be threatening to take A&L to court and therefore have to be prepared to put your money where your mouth is, if you will excuse the pun, and do exactly that, otherwise they will not refund you.
You also need to be aware that they will close your account if you do take this route - as things stand at the moment anyway, and who knows how long they will be able to get away with this retaliation or if indeed anyone will stop them?
So, if after some serious reading around the forum, you decide this is the route for you then you will need to open a parachute account first.
Keep us informed here of your progress, or use your thread to ask questions or share your worries - there is always someone who will help in either case.
A&L and Overdraft Charges
limit. In response A&L charged my 3 lots of £25 amounting to £75. I sent them a letter stating that these charges were unfair and totally disproportionate to the amount which I overwent my overdraft. They responded with a letter stating that their charges were not unfair and that it was their right to charge me £75 as it was in my contract with them. I would be very grateful if anyone could tell me if I am still within my rights to claim against them.
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Originally Posted by elu3
