unauthorised overdraft charges

vaporate

noh wrote: »

No.
As already pointed out it was the OFT that lost the court case.

If an individual has complained to their bank and is not satisfied with the outcome they can make a complaint to the FOS .

Genuine question, how much power does the FOS have over such a situation?

Consumerist

vaporate wrote: »

I don't see the bank helping out.

I don't see a bank wanting to help out but if the FSA does its job properly (and that might be a big IF) the banks may be forced to take a more sympathetic approach.
.

Consumerist

vaporate wrote: »

. . . how much power does the FOS have over such a situation?

The FOS can award compensation for financial loss including the cost of processing a complaint (telephone, letters, legal costs, etc.) and also monetary compensation for the stress and hardship caused.
.

Consumerist

noh wrote: »

As already pointed out it was the OFT that lost the court case.

Oops !

You're quite correct. Too may initials around here.

I've edited the offending post. Thanks for the correction.
.

my_definition

thanks guys for the advice i still cant believe hes got us into this mess

comsumerist im having a look at that page it looks like its going to be a long hard journey to get this sorted. im normally so good with money i still cant believe he let this happen

my_definition

an update guys apparently the dd wasnt his contact lenses but one from napster which was a free trail he signed up to and has been taking money out without his knowledge (he didnt check statements his fault i know) but this payment didnt show up on the list of dd a&l sent him so it wouldnt have gone into the overdraft if they had told him this was a dd coming of. Could this be of any help when we go in? there appears to have been 2 times he used this overdraft and the 1st was cancelled out by his wages but the other one was on the 28th of january from napster which was after the dd were supposed to have been moved and we had recieved confirmation that this was the case from a&l. i think we will have to pay for the 1st time he used it as he should of checked the account but the second was after he recieved this letter and should have had no reason to check the account?

i know im cluching at straws here but we just cant afford this thanks

noh

Are you sure it was a DD not a continuous payment authourity on a debit card?

my_definition

to be honest im not sure my OH says he is sure it is a direct debit

do they not have to tell you if it is a continous payment authority?

noh

Looking at the the Napster site FAQs No 9 it looks as if it was a debit card continuous payment authourity as they only accept payment by Debit or credit card.

The fact that it was a continuous payment authourity would have been in the Napster T+Cs that he agreed to when he signed up to the free trial.

FAQ 11 tells you how to cancel your free trial or membership which he should do now to avoid future payments.

noh

Here is a Napster free trial offer.

http://www.napster.co.uk/specials/td12for10/

You will see at the bottom of the page:-

"You will be credited with a 30 day free trial including 12 MP3 credits. You can cancel your trial at anytime before expiry and you will not be charged. If you do not cancel, then upon expiry you will automatically be extended into the £10 per month membership plan which can be cancelled monthly (Napster contract month: 30 days). All 12 MP3 credits must be used during the 30 day trial period. Please note this trial is for new Napster users only"