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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Banks adding charges to an unauthorised overdraft

seylectric

By seylectric
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seylectric

seylectric

Posted
Posted

Sorry if this has been covered but I haven't seen it.

 

If you go overdrawn without an overdraft agreement, e.g. an unauthorised overdraft", the bank tells you that it is a breach of the terms and conditions for the account to be overdrawn and you are asked to bring it back into credit. Fair enough.

 

However, if a bank then ADDS to that overdraft by adding charges for (for example) an unpaid direct debit, is the bank not then in breach of their own terms and conditions?

 

This becomes even more relevant when the overdraft occurs (as in my case) as a direct result of the charges added to the account; therefore the bank are surely breaching their own terms and conditions by sending it into overdraft themselves by adding the charges.

 

Surely the T&C's are binding between BOTH parties? Any thoughts on this, it's bugged me for a while.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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BankFodder

BankFodder

Posted
Posted

I think that the principle of what you are saying is correct. I have always thought that there must exist in contracts some implied principle of mutuality or reciprocity.

 

However, it would need a lot of thought and discussion to understand the affects of this and to make sure that it couldn't backfire.

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carlpalmer

carlpalmer

Posted
Posted

Just to note, i rasied this with my bank (HSBC) to be informed that they understand that the £125 charge will push me over there set limited -£1500 BUT they will not charge me another £25 for the £125 going over my limit.

 

confused? sorry will try to explain in a different way if it makes no sence :)

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carlpalmer

carlpalmer

Posted
Posted

OK cool

 

Have an overdraft limited of £1500.

 

Broke it 5 times over a period of 7 months. So now the bank want £125 in charges (5x£25).

 

My current balnce is 1400 so when they take out there £125 on march 27th i will in fact go over the 1500. Thus i thought i would incur another £25 charge BUT this is not the case according to the bank. Because i will exceed my £1500 allowance BECAUSE OF THERE CHARGES i will not be charged another £25!

 

Phew...that better?

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Bookworm

Bookworm

Posted
Posted

Yes, thank you.

 

So let me get this right: Your bank are saying that when you go over the limit, they're charging you, but when they take you over the limit, they won't?

 

Mhhh, interesting... So how does that work as far as their usual reasons for charging go? Let's see:

1-It's a genuine pre-estimate of their losses. Uh. Yet, if THEY charge you, they don't incur those costs? Doesn't add up.

2-Manual intervention. Uh. Yet, if THEY charge you, there is no need for that, and therefore no additional work? Doesn't add up.

 

Sooo... If it's their charges that take you over the limit, as it's their fault, they won't charge you again?... Hang on, that would make the previous charges PENALTY charges! *GASP* Uh-oh... Looks like your bank has just dug themselves a wee bit of a hole...

 

Ok, what you want to do ASAP is write a letter setting the points of your conversation, and ask them to confirm it. If they deny it, then make a request of the phone conversation under DPA.

 

Which bank, btw? Because that's the 1st time I've heard that one!

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carlpalmer

carlpalmer

Posted
Posted

HSBC

 

that is right. I go over the limit by any amount then £25 they go over the limited NIL!!

 

The guy even said it like they where being nice "our charge would not cause another charge"

 

Will send my letter after the next charge on the 27th to get my total charges and will include clarification of the charging policy of charging me when i go over then not charging me when they send me over!

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towiedyer

towiedyer

Posted
Posted

I've had the same response from the Abbey when I complained about charges.

 

If it is them charging me that takes me over my overdraft then I don't get charged for going over. But if my mistakes take me over then I get charged.

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Spiceskull

Spiceskull

Posted
Posted

This could be very interesting...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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seylectric

seylectric

Posted
  • Author
Posted

The interesting angle in my case is that they are charging me £38 a time for failed direct debits "due to insufficient funds". But it's the charges that took me overdrawn, not anything that I had paid out.

 

More to follow of course but I'm more interested in people's opinions on the original post (and the topics raised since) at this stage.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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  • 12 years later...
seylectric

seylectric

Posted
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Posted

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

I only mouth my opinion, please look elsewhere for sensible advice! :)

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