FD paid DD without my permission

[VulcanDriver]

Hi

 

I'm about to claim 6 years of bank charges from FD. About 3 years ago they paid my mortgage DD (without my permission) which put me over my O/D limit. They then charged me an unauthorised O/D charge on all of my O/D, even though they were at fault by paying the DD knowing that did not have enough funds in my account to cover it.

 

When I questioned this and told them that they I had been made redundant FD then closed my account and demanded all of £2,250 to be paid back. I refused and they have now handed the debt to FRA who are pestering me. I explained to FRA that FD owe me in excess of £4000 in bank charges to which they replied that I owe FRA money not the bank! What can I do? Anyone else been treated like this by FD?

[ab123uk]

hi Vulcan,

 

as part of the T's&C's of your account, I would imagine you authorise FD to pay any amount, whether funds are available or not, especiallt if this was an existing DD?

 

This is how they make money through charges.

 

Advise FRA that the account is in dispute with FRA- I will find the link to a template and post it here shortly.

[ab123uk]

From a post by Dibsthe frenchie:

It could be worthwhile sending this letter of Curlyben's to the new DCA, it worked on one of mine

 

ACCOUNT IN DISPUTE

 

Reference number:

 

Dear Sir or Madam,

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ……… and has been since ……….

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As ……. is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to …….. for resolution of these defaults and breaches, as ……….. cannot lawfully pursue any enforcement activities.

 

If ………. chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

YOUR NAME

 

[tweetypie5]

I have also had problems with HSBC bank. I had a meeting with the bank manager of my local branch, explaining that I was having financial difficulties and requested that my overdraft was raised by a small amount of £50 which would have helped greatly. But the unfeeling monster in front of me point blankly refused. Instead, when there were not enough funds to cover direct debits for essential bills like rent and council tax, they slapped on huge horrendous charges making the account even more overdrawn. This continued until I opened a new account with another bank and made sure no money was going into HSBC. Why instead of helping people who are struggling could they not have honoured my request for such a small sum instead of putting me into debt I have no way of clearing at the moment. I am looking into reclaiming bank charges back from them. Anyone got any advice?