Discrepancies with bank and my statement?!

WillMcK

OK, possible long story here, but bare with me!

BoS contacted me with a you have a letter, for the online account (I have a student account). Now I was shocked as a letter usual means the "We are about to charge you [unfairly]" letter, so rushed to log on and see the damage. To my shock, the account was healthy, or as healthy as any students account is going to be. Upon opening the letter I still read the lines "We're going to charge you". I've checked my account breakdown and looked at my statement when it comes through, and surprise surprise at no point did I actually go over my arranged overdraft limit.

So I phoned them and was told by the lady on the other side that I had - as it appeared on their system - gone over my overdraft limit. Further to this, she said that she couldn't take the charge off as they had done so previously (when it had been my fault). Now I was !!!!ed to say the least, but the lady was nice so I didn't go !!!!ing mental :mad: like I wanted to. And instead put my frustration into a strongly worded and well thought out letter of complaint.

I have since had a reply, which is long, and basically seems like an attempt to give me a lecture on 'keeping my account in check' and it actually says that they "decline my complaint". As if they could make it no longer a complaint of mine by saying this. Basically, they've read my letter and assumed that my complaint centred on the charge where in fact it was all about the massive discrepancy between what their system says and what my account reads.

So I'm now writing back, and after a page of moaning and response to the points made in their letter, in which I've pointed out that my complaint was not to contest the charges AS I HAD SAID VERY CLEARLY IN THE FIRST LETTER. I'm trying to argue that I shouldn't have to pay the price for what is essentially them saying two different things (i.e. my statement not showing me going over but them saying the opposite).

Does anyone know of possible legislation/rules/etc that means that have to show my account as being accurate, or anything legal that would support my claim. Though my arguement to them is just and well thought out I think it'd give the boost my letter of complaint needs...

If you made it this far, well done and any help you can give would be massively appreciated!

the_insider

What have they actually said? You don't have to have gone over the limit to have been charged. If a transaction was authorised by you but declined by the bank due to insufficient funds you will have been charged.

WillMcK

As I said the first letter stated that I had gone over my arranged overdraft limit and I would, as such, incur a charge. It was very specific in stating that I had gone over my arranged overdraft limit.
Payment was authorised by myself and was paid. In regards to insufficient funds, this seems implausible as my statement doesn't show this.
My main argument is, and remains, that what they're showing on my account and statement is not the same as what they're saying on the phone and in letters. Surely I as the customer and 'owner' of said account should have the accurate account information, which apparently I'm not receiving (if I did indeed go over).

natweststaffmember

WillMcK wrote: »

As I said the first letter stated that I had gone over my arranged overdraft limit and I would, as such, incur a charge. It was very specific in stating that I had gone over my arranged overdraft limit.
Payment was authorised by myself and was paid. In regards to insufficient funds, this seems implausible as my statement doesn't show this.
My main argument is, and remains, that what they're showing on my account and statement is not the same as what they're saying on the phone and in letters. Surely I as the customer and 'owner' of said account should have the accurate account information, which apparently I'm not receiving (if I did indeed go over).

Was a cheque clearing at the time of the transaction?

WillMcK

There was no check clearing. Just money going in. My main argument really is the discrepancy rather than whether or not I did indeed go over. How can I trust that I did go over when I can't see it happening!?

ILW

WillMcK wrote: »

There was no check clearing. Just money going in. My main argument really is the discrepancy rather than whether or not I did indeed go over. How can I trust that I did go over when I can't see it happening!?

Many incoming receipts will show on the statement, but are not considered cleared until 4 days later. If you draw on uncleared funds you will be charged.

WillMcK

Everything that came out was either direct debit or card payments, as well as me paying money in. What BoS are saying is that it went out in a particular order from what is actually showing on my statement. Meaning that on THEIR order I go over my arranged overdraft and on MY statement it does not go over, not even close. And I'm being charged for something I cannot see happening.

Is everyone under the impression that this is OK?!

natweststaffmember

WillMcK wrote: »

Everything that came out was either direct debit or card payments, as well as me paying money in. What BoS are saying is that it went out in a particular order from what is actually showing on my statement. Meaning that on THEIR order I go over my arranged overdraft and on MY statement it does not go over, not even close. And I'm being charged for something I cannot see happening.

Is everyone under the impression that this is OK?!

On exactly the same day? I would write to them to ask for an explanation of exactly WHEN the charges were incurred and HOW they were incurred.

WillMcK

Everything was exactly the same day. According to BoS the direct debit that caused me to go over went out first whereas on my statement and on my account breakdown it went out last.

I will send the letter I have typed up already and see what comes of it, I suppose next is the FOS...

natweststaffmember

WillMcK wrote: »

Everything was exactly the same day. According to BoS the direct debit that caused me to go over went out first whereas on my statement and on my account breakdown it went out last.

I will send the letter I have typed up already and see what comes of it, I suppose next is the FOS...

Have you got that in writing?

WillMcK

I have my statement and a screen shot of my online account detailing how things went out inc. totals etc.

I'm just not sure whether I can just argue the case or if there is some sort of regulation I can cite? I suppose if they respond unsatisfactorily again then I'll just see what FOS say.