Reclaiming Cascading Bank Charges

[adridude]

Hi,

 

Super to see that people are teaming together to fight causes such as this.

 

I have a question about cascading charges. If my bank charges me £180 or 3 cheques not going though several times, and that £180 was meant for a direct debit or standing order, then you get charged for not having the funds by both the bank and the person you are paying. Is this also claimable?

 

This would be interesting to see...

 

Regards

 

Adrian

[adridude]

Hello,

 

I have a question regarding Lloyds TSB Visa/Electron debit card. Several months ago, I was buying bit and bobs on the internet, relying on the fact that a DEBIT card would say 'insufficient funds' when purchasing objects online.

 

All of the payment gateways I used, 'checked' the bank (so they said) for funds, then debited me.

 

When I found out in the morning that I spent about £800 before the payments stopped due to insufficient funds, I found out that I was £700 odd in credit.

 

Is this allowed? Surely a debit card lives by its name and only debits your account? Lloyds TSB stated that they saw that I was earning enough to pay off 'what was borrowed' and graciously allowed this without consent.

 

Any idea's as to what I can do?

 

Regards

 

Adrian

[adridude]

Hi There

 

And thanks

 

Cheers

 

Adrian

[adridude]

Hi,

 

When I signed up with Lloyds TSB, I remember stricly asking the person at the desk to only give me a credit card as I do not wish to go into any debt.

They gladly gave me the account, a week later came the Visa/Electron debit card and that was that.

 

This all worked well until I used it online. I relied on the fact that the bank would refuse payment if I was trying to go past teh zero mark.

 

Infact, what happened is that they let me shoot £650 into the minus before they refused any payments.

 

Could someone explain this to me? I've spoken to the bank about it, and explained that I wanted a debit card for that exact reason. They laughed it off, told me to be more careful and sent me on my way?

 

Surely a debit card only debits your accout until the maximum allowed limit is reached?

 

Can someone tell me what to do about this?

 

Thanks

 

Adrian

[PKea]

I know sometimes that payments dont go off your account instantly (especialy online) and then when other debits go out of your account it puts you overdrawn when the online transactions finally go through. This happens to me sometimes, so i just make sure the money is available, ie check what is going out over the next 5 days first.

[adridude]

I still dont understand. I've tried using my old card, which is still in date, but deactivated, on the same payment sites, and it doesn't allow me to make a transaction.

 

The error I get is:

 

"Payment not accepted, please contact your card issuer to resolve this..."

 

Which means that checks are done?

 

Surely they also check to see if someone has the money?

 

Cheers

 

Adrian

[Margarita]

Hi,

 

Just read your posts and I had a similar problem a couple of years ago. If you have say £700 in your current account and purchase something online for £200 this is put on hold as the transaction will actually take a couple of days to come out of your account and when checks are done by the online company, your account will show £700 balance. However, if you have for instance a mortgage payment or other direct debits going out around the same time this will affect your balance so it will put you overdrawn. The best way to avoid this is to check your account frequently as there's always someone waiting in the wings to snatch your money when you least expect it.

 

As you know, the banks are there to make money out of us at every opportunity so it's not in their interests to tell you you're overdrawn straight away.

 

Hope this helps.

 

Margarita

[Bookworm]

2 threads merged. Please don't start a new thread each time you have a query or update.

 

Whatever the reason, stop fretting about it. It doesn't matter one way or another. Get the unlawful charges refunded.

[adridude]

Out of interest, if one gets a doorknocker of a debt collector come to their property. What happens is some of the articles they want to take away aren't yours?

 

I was just wondering this ass my dad leant me a tv and a computer until my stuff comes across from the netherlands.

 

1) can they take something like a computer? mainly because i use it for work, and without it I'd have no income. not only that its my dads

 

2) can they take the tv as its not mine, and i should imagine that my dad wwould lose my rag if it got taken!

 

3) can they take heirlooms? for example a watch which has been in the family for years.

[dw190]

They can only take goods that belong to the debtor.

 

Family heirlooms can be taken as well as long as they belong to the debtor.

if the debtor is taking care of them on behalf of other family members they don't belong to the debtor.

[callumsgran]

I would get someone to look after your heirlooms (your dad) until you've got yourself sorted and anything else you think they might like? get your dad to write a letter stating the items that belong to him and sign it, they cant touch it then, good luck!

[crk81]

I think they can take things and you have to prove later that they are not yours..

Try not to let anyones in your home read up the following for more info:

Debt Basics - Bailiff Guide

[Rich44]

Yup basically dont let them in unless they have a court order and a police escort if they dont have them its all bluff tell them politely to go away from an upstairs window (if you want to talk to them at all) if they dont or they start causing a fuss by shouting at you then call the police

[blacksheep1979]

If you remove stuff (that is yours) from the property for the sole purpose of not having the baliffs take it to cover the debt you can get in serious trouble. As to stuff that isn't yours the baliffs will try take it unless you can 100% prove its not yours with receipts etc

[Guest S J]

I'm affraid the above posts are totally off the mark...there is a major distinction between 'debt collectors' and a 'bailiff'. Only the former acting under a warrant is legally empowered to remove goods. A debt collector has no authority or power to do so.

 

This is how creditors scare people.....by using their own ignorance against them. They are aware that not many people are familiar with the distinction....as has been shown above.

 

....that is...only a bailiff is entitled to remove goods.....debt collectors have no such power...they only act as though they can....you can simply tell them where to go...if you so please.

[dw190]

I think you meant the latter

[Guest Zooman]

And it also common place for bailiffs to also be employed as debt collectors, so when a bailiffs turns up you should always (without letting him in) ask to see the warrant.

 

And nice one SJ when I read the first few posts I was worried no had asked the OP to clear up if this was a bailiff or a debt collector.

[callumsgran]

If you remove stuff (that is yours) from the property for the sole purpose of not having the baliffs take it to cover the debt you can get in serious trouble. As to stuff that isn't yours the baliffs will try take it unless you can 100% prove its not yours with receipts etc

How are they to prove you have removed things? How can you get into trouble? please explain? are you a bailiff?

[Rich44]

Exactly theres very little chance of getting caught on that well unless they have your house under cctv that is lol.

 

As for ignorance as the OP was posting about property being removed I think everyone just assumed he was talking about a bailiff is all

[ivorbiggun]

How are they to prove you have removed things? How can you get into trouble? please explain? are you a bailiff?

 

Exactly. What if you've leant your friend your laptop and the bailiff calls? Have you removed it?

 

The only trouble you can get into is removing/concealing goods that are the subject of a Walk In Possession Agreement.

[totallylost]

Hi

The advice I was given by CAB -

DON'T LET THEM PAST YOUR FRONT DOOR. Preferably DON'T open it.

Once they are in - especially Bailiffs, they have the RIGHT to break into your home to obtain goods. The law is on their side believe it or not.

IF they don't see the goods, then remove any items you wish to remain in your possession. What they don't see, they can't quibble over.

IF they do see it - don't remove it. They have a note of it. You will be in trouble.

If it isn't yours, make sure who ever it belongs to has a reciept for it.

They cannot remove a vehicle if it is used for work or related issues.

 

YOU DO NOT HAVE TO SIGN ANYTHING - NOT EVEN IF IT COMES THROUGH THE LETTERBOX. DON'T SIGN IT.

SEEK FINANCIAL ADVICE - CAB - they have a whole list of can and can'ts

There's a load so ask them for the info.

 

I have removed my own car from my property - it's off the road anyway, so it's a good excuse.

[Guest Zooman]

This is all abject until the OP tells us who called a DCA or bailiff.

[adridude]

What happens if you get a baliff at your door, they come in (by right) and take something that they are DEFINATELY not allowed to take? i.e. my computer, which I regard as a business tool which my company owns. Yes, I did buy it personally, I do have ther eceipt, but no they may not take it because my company will go bust as it holds my accounts, I work with it and I use it to communicate business matters.

 

Ok I'm sure they won't as they are fully aware of their entitlements, but how do I defend my rights that second they pick it up?

 

... another question related to my last post (just above)... Would I be allowed to execute a citizens arrest if the above occurrs?

 

I'm quite happy to do that, but im just concerned that I would get done for assault (although all I would do is detain them and contact the correct authorities)

[adridude]

Hi Guys,

 

I've just served Lloyds TSB with the S.10 of the DPA (1998) letter as my account is -740 due to their costs, and I have also served the SAR with the stat. £10, but they refuse to comply to either!

 

What can I do about this?

 

Cheers

 

Adrian

[JonCris]

Adrian

 

We are gonna need a bit more info!