Hi. I recently received a cheque and deposited it in my bank account last Wednesday (20/09/06) for £12, for a game i sold on ebay. But then today (25/09/06) i read on my online statement that the cheque was unpaid and i had been charged £12 because of this. i phoned Lloyds TSB and they said that they would try clearing the cheque again, but if it fails to clear again, they would charge another £12. so from having £12 paid into my account, i will probably be £24 down. i know that they may seem relatively small amounts, but i am still being charged for another persons problems. i have emailed the person who sent me the cheque to tell them that i want back any charges i have been forced to pay, but the chance of me being paid back is little to none. is there a way i can get my bank to give me my money back? help would be very much appreciated. thanks
Probably the best approach would be to send them an adapted Preliminary letter found here. The reason I'm suggesting this approach is because you say you have already tried to phone them about it but they have said they will still charge you. If it was me I'd adapt the prelim to this specific circumstance so that it still includes all of the technical knowledge of bank charges being unlawful, but also explains that this is a charge incurred at the fault of somebody else.
If they don't pay up then proceed with a letter before action. I'd imagine for this small amount they would end up paying it back before any kind of court action needs to be instigated - but you never know.