Claim back any unfair bank charges! Article Discussion Area

bookworm1363

Prosaic wrote:

Quick question...

I'm just working out my wife's charges for the past year when she has gone over her overdraft limit

Lloyds TSB do put on their website that they will charge 30 quid if this happens. Does that mean they have covered themselves or do we still have a claim? 30 quid for a £9 error seems steep

You're asking the wrong question to understand this.

Ask yourself this instead: Does it cost LTSB £30 when your wife goes 9p, £9, or £90 over? If you think the answer is no, then you know it's a penalty charge, and LTSB can tell you all about it, that doesn't exempt them from the law that says they can't make a profit out of your wife's breach.

Prosaic

Yes i do understand that, but if they put they will charge 30 quid and someone knows this and makes use of an overdraft are they covered because they clearly told you before you used the facility that the charge would be implemented if you defaulted? Effectively you're entering a contract with them

uberzoldat

Prosaic wrote:

Yes i do understand that, but if they put they will charge 30 quid and someone knows this and makes use of an overdraft are they covered because they clearly told you before you used the facility that the charge would be implemented if you defaulted? Effectively you're entering a contract with them

The law states that unfair terms of contract cannot be enforced. They have put in their terms and conditions that they will charge £30 if you go overdrawn. The law says that they cannot make a profit from a breach of contract, so that part of their terms is unenforceable in law because it is illegal in the first place.

sheann_2

Hi just to say a big thanks to bookworm 1363 for the support that I so needed and to let everyone know that I have just received an offer for the full amount from Abbey YES YES YES what a wonderful site this is Martin is wonderful

wilf55

have just paid £10 and got dpa through but doesnt give details of charges...where next feel like i need someone to hold my hand and lead me through it all just bits and pieces of phone calls etc are on the dpa but they state they hold no other details obvilusly they do ie old statements which i havent got...please help

thanks in advance

what do i do now

sassylassy_2

Hi Everyone
I'm new to the forum and have trawled through the posts and am now ready to do battle with my credit card company and, possibly, bank.

However.......

yesterday I called my bank (Abbey) regarding the £80 they were charging me for going over my overdraft limit (£20 for going over, £30 for £6 debit, £30 for £5 debit). She basically asked what I wanted her to do about it? I said clear it. She said, as I had already had part reversal of charges in the past, she couldn't do that but did offer to refund on of the £30 charges.

I pointed out that the chrages were a bit steep as it did not cost Abbey £80 because of my blunder and that the chrages were illegal (I know, I should have said unlawful). She said no, they weren't, as they were in the T&C's that I agreed to. Hmm, she got me there. I took the £30 and ran.

I then called Capital One. I transfered my capital One balance to Egg (0% for 6 months) and thought the account was clear but no, it had £6.98 in it. WHOP!! £20 panalty for late payment. So, I called and expplained my error and said I would pay the £6.98 there and then to clear the account. The same conversation ensued as with Abbey, refusing to accept the charges were unlawful and, that no-one at Capital One had authorisation to reverse a charge that if I didn't pay there and then, then another £20 would be put onto my account! I panicked and paid up.

So. Can I claim it back? All of it? I'll pay off my overdraft before I take on the Abbey!

Thank you

Sassy

Bellie_2

just put in my claim forms against Abbey, they have until the 29 june to reply. Fingers crossed and good luck to every one else

BooshBaby

Hurrah!

I filed an on-line claim against Shabbey National and they have just put all of the money I claimed plus court costs back into my bank account! No questions asked!!!

About 3 weeks ago they sent me a letter saying that the charges were reasonable - so I filed an online claim and TA DA! I'm £357 richer! :beer: :j :T :rotfl:

If anybody is feeling hesitant I say go for it! Its worth just to make them stand up and pay attention.

kezzajane

This one could get me shot down in flames...But here goes...surely the best way to avoid horrendous charges is not to go overdrawn without asking the bank first?? I'm old & going grey now, but if I ever 'borrowed' money from my old mam without asking, then any 'penalty' she would impose would far outweigh the original crime!! If you take something without asking then accept the consequences. A token fee more appropriate to the cost involved to the bank isn't going to deter anyone. After all if you parked in the wrong place & your parking ticket was only a fiver it's hardly going to make you stop & think is it? I totally agree that the £30+ charges applied are steep, but probably avoidable in a lot of cases.
Phew, can't wait to see what this comment unleashes.............
Love to all xx:

broomey

kezzajane wrote:

This one could get me shot down in flames...But here goes...surely the best way to avoid horrendous charges is not to go overdrawn without asking the bank first?? I'm old & going grey now, but if I ever 'borrowed' money from my old mam without asking, then any 'penalty' she would impose would far outweigh the original crime!! If you take something without asking then accept the consequences. A token fee more appropriate to the cost involved to the bank isn't going to deter anyone. After all if you parked in the wrong place & your parking ticket was only a fiver it's hardly going to make you stop & think is it? I totally agree that the £30+ charges applied are steep, but probably avoidable in a lot of cases.
Phew, can't wait to see what this comment unleashes.............
Love to all xx:

Yeah in all honesty I agree with you. If there was no charge there would be no deterrent. BUT, get this for an example. Just last week I ordered photos from an online developer. Bill came to about £3.50 ish, got to checkout and they have card details automatically saved from last purchase, so I used that, all went through fine. Now what I didnt realise was that the card details they had were for the 2nd account I have with Barclays, which was already £2 overdrawn. My fault, I should have checked the details. But, the payment went through. This therefore took me over the £5 buffer zone which is on the account and thereby lumped me with a £30 penalty. My objection is that the payment should not have been allowed through in the first place. The card should have been declined and alternative payment method requested. But no, that doesnt make the banks money. Well Barclays I have news for you, I'M CLAIMING IT ALL BACK!!!!