Title: Is it me or is this plain wrong.? Post by: Newmanseye on October 17, 2006, 07:57:14 AM So i get my bank statement this morning, I notice that there was a charge levied on my account on the 13th of september and then removed again on the 15th of september ( after i had complained ). Now i see that the bank is going to charge me for the initial charge on the 13th of september taking me over my overdraft??
Now it seems to me this is daft besides other things, it was their fault the first charge was levied hence the refund so why then charge me for their mistake taking me over mt Overdraft limit? A serious lacking in common sense or should i go back to bed? Title: Re: Is it me or is this plain wrong.? Post by: Jon MW on October 17, 2006, 08:10:55 AM Complain and get it taken off, I've had this done to me before and they didn't think twice about removing it after I'd pointed out the circumstance.
It might depend on the bank though. Title: Re: Is it me or is this plain wrong.? Post by: boldie on October 17, 2006, 09:09:48 AM So i get my bank statement this morning, I notice that there was a charge levied on my account on the 13th of september and then removed again on the 15th of september ( after i had complained ). Now i see that the bank is going to charge me for the initial charge on the 13th of september taking me over my overdraft?? Now it seems to me this is daft besides other things, it was their fault the first charge was levied hence the refund so why then charge me for their mistake taking me over mt Overdraft limit? A serious lacking in common sense or should i go back to bed? I am shocked at the charges british bank can get away with...33£for a failed SO DD or whatever. or 30£ if you go over your overdraft limit...that simply isn't allowed ANYWHERE else in the EU. It is shocking to see what the people will put up with if they don't know any better. Title: Re: Is it me or is this plain wrong.? Post by: Rod Paradise on October 17, 2006, 09:21:43 AM I am shocked at the charges british bank can get away with...33£for a failed SO DD or whatever. or 30£ if you go over your overdraft limit...that simply isn't allowed ANYWHERE else in the EU. It is shocking to see what the people will put up with if they don't know any better. They can't get away with them - you can claim back any charge over £12 going back 5 years in Scotland, 6 in England. Check the link.... http://www.bankcharges.info/ (http://www.bankcharges.info/) Title: Re: Is it me or is this plain wrong.? Post by: Claw75 on October 17, 2006, 09:46:54 AM wow - that's a really useful link Rod thanks.
Mr Claw and I have both been whacked with £80 of charges this month. In my case, one charge of £30 for clearing a delta payment which took me overdrawn by £2, another £30 for clearing direct debit whilst overdrawn (wages paid in next day) and £20 for unauthorised overdraft - hubby's was roughly the same. £160 between us, we could treat ourselves to a few takeaways on that! Title: Re: Is it me or is this plain wrong.? Post by: Rod Paradise on October 17, 2006, 10:08:19 AM wow - that's a really useful link Rod thanks. Mr Claw and I have both been whacked with £80 of charges this month. In my case, one charge of £30 for clearing a delta payment which took me overdrawn by £2, another £30 for clearing direct debit whilst overdrawn (wages paid in next day) and £20 for unauthorised overdraft - hubby's was roughly the same. £160 between us, we could treat ourselves to a few takeaways on that! I'd a mate got £1400 back off his bank, another girl I know is seeing the TSB in court in the near future after they offered her half of the refund they should have been giving her. Remember it goes back to ALL charges in the last 5/6 years. Title: Re: Is it me or is this plain wrong.? Post by: matt674 on October 17, 2006, 10:14:26 AM They can't get away with them - you can claim back any charge over £12 going back 5 years in Scotland, 6 in England. Check the link.... http://www.bankcharges.info/ (http://www.bankcharges.info/) Boy do i stand corrected - i take it all back!!! You are useful after all................. ;) Title: Re: Is it me or is this plain wrong.? Post by: Rod Paradise on October 17, 2006, 10:23:10 AM Boy do i stand corrected - i take it all back!!! You are useful after all................. ;) ;thankyou; ... I think ;goodvevil; Title: Re: Is it me or is this plain wrong.? Post by: Claw75 on October 17, 2006, 10:54:31 AM been giving this some thought since posting earlier, and it would be really interesting to hear the bank try to justify these charges. They've never once sent me even a computer generated letter about the charges, and whilst I'm overdrawn they are earning interest off me. It is very difficult to see that they would actually incur any expenses as a result of my going overdrawn, other than the administrative costs of processing the penalty charges.
Title: Re: Is it me or is this plain wrong.? Post by: zelda on October 17, 2006, 11:02:44 AM I managed to get all charges back, so go for it :)
Title: Re: Is it me or is this plain wrong.? Post by: boldie on October 17, 2006, 11:19:32 AM been giving this some thought since posting earlier, and it would be really interesting to hear the bank try to justify these charges. They've never once sent me even a computer generated letter about the charges, and whilst I'm overdrawn they are earning interest off me. It is very difficult to see that they would actually incur any expenses as a result of my going overdrawn, other than the administrative costs of processing the penalty charges. the bank cane asily justify the charges all they have to say is "when you opened up an account with us we told you what would happen in this situation", that works with most people. I haven't incurred bank charges since the first time I did and I complained to the bank (I don't have an overdraft and make sure I don't get overdrawn) as I was stunned. I had just moved to the UK to work for IBM and had made a booboo with the date my rent went out. When I found they'd charged me 30£ for missing a DD (which a day later could be taken out) I complained to my branch manager and he told me exactly that "Read the contract Pete, it's all in there". He did refund the charge but mainly because I was a very nice and pollite guy (the fact that he always drank in my pub and we had spent many a night getting drunk together in that first month had nothing to do with it, I'm sure) I have forwarded the link that Rod posted onto everyone in the company I work for now...so thanks from all of them Rod :) Title: Re: Is it me or is this plain wrong.? Post by: dik9 on October 17, 2006, 11:23:57 AM Is this Lloyds TSB by any chance?
Title: Re: Is it me or is this plain wrong.? Post by: Newmanseye on October 17, 2006, 04:04:08 PM I have just got off the phone with my bank alliance & leciester and they are not prpared to remove the charges and heres why : (quote) It is my responsibility to ensure that funds are available for any charges levied.
Now what gets me really angry is the initial mistake was made by the bank, they admit thay by refunding the charge, then they have the cheek to charge me again for THEM taking me over my overdraft for 2 days!! The staff are cheeky sods, I've decided to move banks and they can sing for their charges, they are getting sod all more money off me! Title: Re: Is it me or is this plain wrong.? Post by: matt674 on October 17, 2006, 04:10:24 PM I have just got off the phone with my bank alliance & leciester and they are not prpared to remove the charges and heres why : (quote) It is my responsibility to ensure that funds are available for any charges levied. How can you ensure that funds are available for any charges levied if they dont inform you of the charges first? From now on i think i'd better leave £1,000,000 lying dormant in my account just in case they decide to go on a charges spree without my consent!! Title: Re: Is it me or is this plain wrong.? Post by: Newmanseye on October 17, 2006, 04:15:58 PM I have just got off the phone with my bank alliance & leciester and they are not prpared to remove the charges and heres why : (quote) It is my responsibility to ensure that funds are available for any charges levied. How can you ensure that funds are available for any charges levied if they dont inform you of the charges first? From now on i think i'd better leave £1,000,000 lying dormant in my account just in case they decide to go on a charges spree without my consent!! Exactly!! Title: Re: Is it me or is this plain wrong.? Post by: boldie on October 17, 2006, 04:18:27 PM this si what I said..they do inform you of the charges when you open the account....
but use Rods link..it's usefull. Title: Re: Is it me or is this plain wrong.? Post by: SupaMonkey on October 17, 2006, 04:49:38 PM I just rang First Direct and they said that it only applies to credit cards (Visa etc.). Are they right? Reading that OFT statement it does only say credit cards.
Title: Re: Is it me or is this plain wrong.? Post by: boldie on October 17, 2006, 04:53:01 PM I just rang First Direct and they said that it only applies to credit cards (Visa etc.). Are they right? Reading that OFT statement it does only say credit cards. true it does..but the banks know full well that the statement by the OFT has wider implications for them and that they should take that itno account (in other words...stop over charging people or the OFT will go monkey on their arses) Title: Re: Is it me or is this plain wrong.? Post by: roverthtaeh on October 17, 2006, 06:52:00 PM It worries me ever-so-slightly that so many "poker players" are overdrawn.
Maybe I should try Tiddly-Winks instead...... Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 06:54:28 PM I am shocked at the charges british bank can get away with...33£for a failed SO DD or whatever. or 30£ if you go over your overdraft limit...that simply isn't allowed ANYWHERE else in the EU. It is shocking to see what the people will put up with if they don't know any better. They can't get away with them - you can claim back any charge over £12 going back 5 years in Scotland, 6 in England. Check the link.... http://www.bankcharges.info/ (http://www.bankcharges.info/) REALLY!?!?! Well I better get on the blower, cos they got a shit load of charges off me that I want paid back Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 07:01:44 PM I might be able to backroll myself for the circuit if this works!
Rod, you are a star. Can't believe I'm saying this, but you are. Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 07:12:09 PM Michael Thomas
<Address> <Telephone> Halifax PLC Customer Relations PO Box 548 Leeds LS1 1WU 17 October 2006 Dear Sir/Madam Re: Data Protection Act 1998 request for Michael Thomas Account: xxxx Account: xxxx Credit Card: xxxx Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted accounts within the last 6 years from the date of this letter. If you require any further information please let me know as soon as possible. Please take this letter as permission to charge my account with a fee in favour of your bank to the sum of £10 with respect to the maximum statutory fee for processing this request. I look forward to your response within the maximum 40 day time limit under the 1998 Act. Yours sincerely Mr Michael Thomas Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 07:14:04 PM Seems there lots of success stories:
http://www.govanlc.com/yourcomment.htm#DPA Quote From: M To: mail@bankcharges.info Sent: Friday, September 29, 2006 4:24 PM Subject: refund of charges hali fax bank whoopee SUCCESS !!!!, may i say a big big thankyou to you and your website, just had all my bank charges from the last six years refunded total £2,787.00 plus court fee of £120.00. sent off the first letter , offer of £260., sent second letter , offer of £600. then filed a claim in the small claims court to which they replied by saying they (the halifax) were within their rights to extract these charges from my account but they were refunding the charges as it would be too expensive to defend in court and that they would not be able to recover their costs if they won. my advice to anyone wanting to persiue the banks for unfair charges is to go for it . if i can do it then anyone can!!!!. once again thankyou for the invaluable service that you provide. kindest regards melvyn Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 07:26:28 PM Sorry to spam this thread.....
mikkyTs plan of action: 1) Get list of charges applied to accounts over the last 6 years (I live in Scotland now, but I didnt 6 years ago). 2) Attempt to claim said charges back. Also attempt to claim interest accrued on said charges (this might take some work). 3) If 2 fails, take Halifax to the small claims court. Add on costs for loss of earnings whilst working on this case and court costs. Plus £30 per letter issued to the Halifax (if they where ignored) Get very rich (when I was redundant in 2001 after having blown my redundancy money, it was not uncommon to have 6 or 7 direct debits failing, charging me for each one and the resulting overdraft that followed). Oh, and I currently have a large credit card bill which is due to not being able to make a payment during those months I was banged up. They refuse to refund. LOVE to see their faces when they realise that most of my bill willl now vanish due to the charges being paid back. Title: Re: Is it me or is this plain wrong.? Post by: Poppet7 on October 17, 2006, 07:39:41 PM Rod better watch out...I've just heard what Mikky will do to him if it works! :-*
I'd be afraid! Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 07:43:18 PM No, all deals are off. Rod is conspiring against me by getting everyone to join the ICHUC 4 Nations qualifier with the sole intention of putting me out.
Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 07:51:28 PM Actually, sack the letter. I got a notice through the door that a halifax representative will be calling on 20th Oct to discuss my CC arrears. I shall serve them with my notice of intent then, and suggest they write off my bill or face expensive legal action.
WOO HOO Rod is a hero. Title: Re: Is it me or is this plain wrong.? Post by: matt674 on October 17, 2006, 07:57:22 PM stop over charging people or the OFT will go monkey on their arses) i'll do no such thing on any part of their anatomy - especially there!! Title: Re: Is it me or is this plain wrong.? Post by: thetank on October 17, 2006, 08:07:25 PM Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted accounts within the last 6 years from the date of this letter. You mean you don't keep all your statements in a colour coded shoebox? :dontask: (Nor do I, using same letter) It worries me ever-so-slightly that so many "poker players" are overdrawn. Maybe I should try Tiddly-Winks instead...... We're talking the last 6 years here. A very long time in politics indeed. (Ok, So I'm next to skint at the moment too, but have avoised charges for the last 2 years :) ) Title: Re: Is it me or is this plain wrong.? Post by: thetank on October 17, 2006, 08:12:53 PM I'm amazed there hasn't been some sort of "company" set up to recover 90% of peoples lost charges with adverts running alongside all those debt consolodation ones.
If it's as easy as Rod's website implies, they'd make a mint offa skint people (or people who were skint) and the spare 10% they won't begrudge. Respect to people who set up sites like this to help people, without trying to get rich in the process. Title: Re: Is it me or is this plain wrong.? Post by: bolt pp on October 17, 2006, 09:24:25 PM I'm amazed there hasn't been some sort of "company" set up to recover 90% of peoples lost charges with adverts running alongside all those debt consolodation ones. If it's as easy as Rod's website implies, they'd make a mint offa skint people (or people who were skint) and the spare 10% they won't begrudge. Respect to people who set up sites like this to help people, without trying to get rich in the process. Lets go then! what we waiting for? Unless you're to preocupied with the ice endevour in which case i'll just go back stealing socks from primark Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 17, 2006, 10:41:29 PM Hes too busy excavating rocks.
Title: Re: Is it me or is this plain wrong.? Post by: thetank on October 17, 2006, 10:47:32 PM That was last weeks quarry.
Title: Re: Is it me or is this plain wrong.? Post by: Indestructable on October 17, 2006, 11:14:47 PM As I work for a Bank I have a vested interest but thought I would share my stance on this subject.
As already pointed out the OFT ruling is for credit cards only and doesn't apply to bank accounts. But it may be a case of watch this space as this is a subject which is often being looked at. As it stands at the moment banks will look at each case on its own merits. There is of course the possibility that a bank will not want to waste time dealing with a complaint and have the option of writing charges off, but only to get rid of a complaint rather than for any genuine justification. Charges are a necessary evil in that there has to be a deterent for customers not to spend money they don't have or to plan to have money to pay direct debits or cheques etc. Having said that the question is what charge is fair in this situation and this is up for debate. The problem is that banks provide free cheque books, free cards, free online banking and free ATM's etc and therefore the areas where they can charge are higher than they probably need to be. As for the original query, the charge taken on the 13th September should have been prenotified by letter or on a statement to prevent such a problem happening. One final thing is that if you are not happy with the answer received, just take it higher up until you get a sensible response. Good luck. Title: Re: Is it me or is this plain wrong.? Post by: Rod Paradise on October 17, 2006, 11:20:33 PM As I work for a Bank I have a vested interest but thought I would share my stance on this subject. As already pointed out the OFT ruling is for credit cards only and doesn't apply to bank accounts. But it may be a case of watch this space as this is a subject which is often being looked at. As it stands at the moment banks will look at each case on its own merits. There is of course the possibility that a bank will not want to waste time dealing with a complaint and have the option of writing charges off, but only to get rid of a complaint rather than for any genuine justification. Charges are a necessary evil in that there has to be a deterent for customers not to spend money they don't have or to plan to have money to pay direct debits or cheques etc. Having said that the question is what charge is fair in this situation and this is up for debate. The problem is that banks provide free cheque books, free cards, free online banking and free ATM's etc and therefore the areas where they can charge are higher than they probably need to be. As for the original query, the charge taken on the 13th September should have been prenotified by letter or on a statement to prevent such a problem happening. One final thing is that if you are not happy with the answer received, just take it higher up until you get a sensible response. Good luck. Cheers mate, appreciate the feedback. The opperative phrase the was found against the credit card companies was the use of charges as a deterrent. this is why some (not all) banks are settling already. TSB are offerring 1/2 at most AFAIK. Title: Re: Is it me or is this plain wrong.? Post by: mikkyT on October 18, 2006, 12:23:49 AM 1/2? Thats outrageous! Take it to a claims court, get the full amount due. Take them for every penny (or cent).
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