Looking for advice on new bank charges

waikatochief96

Guys, I was one of the dumb ones not to go after my bank charges, now I find myself enraged at the latest round of charges slapped onto my account. Back in August 09 the wife and I set up a joint account and the bank transferred all my D/D's over from my personal account to the joint one. We done this to try and work with the bank in sorting out our finanaces. Now on the 1st of December 09 my Tesco loan D/D was paid out only to be immediately returned by the bank, even after my wages we paid in, so there was money in the account to pay it. on the 19th of December I noticed a D/D coming off my personal account, which i thought very strange as there was no D/D's on this account, the bank highlighted Tesco tried to take a manual payment from my account and we stopped this transaction as we could not work out why they had done this. I checked with the bank that the loan had been paid in December and they agreed that it had been processed from my joint account and not to worry. How ever on January my staetment arrived with a £95 charge for 4 days of being overdrawn due to this manual payment. The bank claimed it was not of their doing and to speak to the loan company, this I did but the loan company claim they are within thier rights to access my account to remove the outstanding payment albeit from the wrong account, as they claimed the bank did not inform them of the change of account? The bank is currently charging me daily as I am now in disput with them and are getting very worried that they will remove these charges from my wage next month leaving me penniless and unable to feed my children. So i am looking for advice of which route would be the quickest to fight against them. The financial ombudmans would take months, so does anyone have ideas, as I could not afford a lawyer but i know i would be refused legal aid due to my income.

Many Thanks

A very angry, worried and sleepless person :mad:

hicskis

I know you have financial problems but you must try and clear what you owe the bank first before it snowballs - then worry about fighting them.

waikatochief96

Thanks Hicskis, we have been doing this and just managing to keep under our overdraft limit each month, but the way they have done this has completely caught us off guard, as I was under the assumption the loan amount had been paid according to the bank. I cant see us a fault, as I have checked and double checked our statement and even Lloyds Tsb customers services couldn't explain. Luckily I have the branch manager contacting me tomorrow regarding this, but I dont have the cash to bring the account into line due to the circumstances. I am looking into legal action if the bank decline responsibility, as the charges the hit both my accounts each month is nothing short of disgraceful. They handed me a £3000 O/D in December even after me saying I was reluctant to take it as I did not see this as a solution, but as it was Christmas I had no option, it all went on bills and a few presents for the kids. I thought these companies were suppose to give you the correct advice, but what I now see is they are using honest clients to reclaim the charges they have had to pay out to others. I'll let you know what happens.

:beer:

natweststaffmember

waikatochief96 wrote: »

Thanks Hicskis, we have been doing this and just managing to keep under our overdraft limit each month, but the way they have done this has completely caught us off guard, as I was under the assumption the loan amount had been paid according to the bank. I cant see us a fault, as I have checked and double checked our statement and even Lloyds Tsb customers services couldn't explain. Luckily I have the branch manager contacting me tomorrow regarding this, but I dont have the cash to bring the account into line due to the circumstances. I am looking into legal action if the bank decline responsibility, as the charges the hit both my accounts each month is nothing short of disgraceful. They handed me a £3000 O/D in December even after me saying I was reluctant to take it as I did not see this as a solution, but as it was Christmas I had no option, it all went on bills and a few presents for the kids. I thought these companies were suppose to give you the correct advice, but what I now see is they are using honest clients to reclaim the charges they have had to pay out to others. I'll let you know what happens.

:beer:

Was the transfer of the DD from one bank to another or was the account in the same bank?
I would say this is either (a) bank error or (b) an error with Tesco's since they are the only ones who can request a payment from the account if it was set up by DD.
Was a cheque clearing for payment of the loan?
Apologies but I can only see bank error in the transfer of the DD for the loan so I would expect them to refund you the charges levied on that basis.

hicskis

Plus costs.

waikatochief96

Guys I appreciate your response's, yes all my D/D's were transferred through my Lloyds Tsb accounts personal to joint, Tesco have sent me written confirmation that Lloyds did not inform them of the change of details through the (apologises if this is wrong but i have the letter in the house) ADDEC system, which they claim should notify them of a change to account details and this is the reason they went in manually to my personal account as that is the details the have. I know today Lloyds being Lloyds, they will pull every stunt in the book to avoid blame. Now that I am £200 short on my loan do you think I have a case against Lloyds to make them pay for the mistake as well as sorting out my account plus the CRA.

Kind Regards

Waikatochief96

waikatochief96

I take it flapjack83 you have encountered a similar problem?

natweststaffmember

I think you need to look at BCOBS, 5.1.7

"BCOBS 5.1.7 01/11/2009 Where a banking customer wishes to move a retail banking service and there are arrangements between the firm the banking customer wishes to move from and the firm that the banking customer wishes to move to, the service provided by the former firm will include providing a prompt and efficient service in respect of termination of the retail banking service, for example by closing an account, transferring any account balance and making arrangements in respect of any direct debits or standing orders."It is only guidance but they do appear to be in breach of this.

waikatochief96

Natweststaffmember thanks for the information, I have printed this off and will read tonight. Further to the saga I received a call from the Lloyds Tsb branch manager this afternoon, his view on this, is that Tesco have done wrong entering into my personal account, as they have been withdrawing the loan money from the joint account for 4 months, so does not see why they setup a new direct debit onto my personal account when the payment was missed, they should have requested the money through the same channels. He explained if it happened in the first month or two, then yes a mistake could be made, but not after 4 months. He highlighted they are spinning me a yarn and has requested I fax him the letter they sent regarding the transaction item they blame for not receiving the new account details. He's is also looking into why the Tsb knocked back the orginal request in the first place. I think its growing arms and legs, but the down side I had to borrow the money to bring my account under the O/D, so you were spot on Hicskis, even the branch were panicking i was over drawn. I can only hope to retrieve charges etc back from the guilty party?

Again thanks for the information much appreciated

hicskis

If either Lloyds or Tescos is at fault and they agree to return the charges - then nail them for your costs (see my thread "taking the fight back") - good luck

waikatochief96

An update, I have started taking the fight back to the bank, today one result the manager is going to replace the £95 I had to borrow to bring the account into line. However he explained today, that he tried to speak to his department who deals with D/D's and they refused to discuss the situation with him? He said he will review the charges when they appear on the system, so fingers crossed they will also be eliminated. But I have to admit I cant get my head round this one, when they tried to remove the D/D from my personal account which had no money in it, they are trying to explain that I got the £208 back, now how can I get money back from an account that had no money in it and no money was paid out, I only highlighted to the bank a D/D was coming off an account with no D/D's attached to it and hence the reason they stopped it. So I still own £208 to the loan company. Anyway slowly but surely the branch is doing what it can to help, but dont see why the D/D department refused to speak to the branch manager to help resolve the situation? I have now started the process of reclaiming all charges from credit cards, insurances but will have to read up if there's another way to get my bank charges back from previous years. Dont suppose someone can start up reclaiming furniture insurance we were talked into a few years ago LOL

Going for Gold

The Waikatochief