Unauthorised withdrawal from my bank account - compensation?

jhodgski

Hiya,

I've been really skint recently, but have been managing my bank account religiously to make sure I don't go a penny past my overdraft limit and incur the bank's hefty charges (I bank with smile.co.uk...).

About a week ago, I set a contractor on do do some work for me (hired via elance.com) and we agreed the price would be $50. However, they decided to help themselves to an extra $30 from my bank account (using a mechanism facilitated by elance.com).

I couldn't believe it. As soon as I saw it appear on my online banking, I paid cash into my account the same day, but my bank said the funds should have there the previous day and that I would be charged - not only once, but twice because the $30 debit meant that there wasn't enough money in my account to cover two other transactions.

Elance.com have agreed to pay me the $30 plus my bank charges, but what else could/should I ask of them?

Like I say, I'd been managing my bank account brilliantly despite being so skint and (I'm not putting this on) but the whole thing has caused me loads of stress and really p'd me off cos I didn't feel the bank charges were reasonable, plus I'm going to struggle to pay them back, plus the time spent going into town to pay the cash in. It's caused a lot of dispair and I've ended up staying up late feeling down and falling out with family/friends as a result.

Elance were very quick to agree to paying my bank charges, but I feel that is the very least I deserve. Does anyone know if I am entitled to compensation from them and, if so, what sort of figure I should be asking for?

Thank you,
James

arcon5

Seriously? What makes you think you should receive compensation? Anybody would think you have just been a major victim of crime or something.

Why have you been falling out with friends/family because of this?
How are you going to struggle to pay the bank charges back when they have agreed to pay them for you?

You could have rung the bank to save you trips, maybe even reported it as an unauthorised transaction.

They have agreed to repay the extra they took + fees incurred. Thats perfectly acceptable if you ask me!

George_Michael

Surely it should be the contractor who took the extra money that you should be seeking compensation from.

unholyangel

I've had something similar happen and if you call your bank on the day the payment is taken they can reverse the charge - of course you would still owe it and would have to sort that out.

As for what you are entitled to, you've got it imo. AFAIK, you're only entitled to actual loss incurred.

You could certainly try writing to them for a goodwill gesture and they may well provide one, but what they are willing to provide and what you are entitled to may be one and the same.

somethingcorporate

Why do you think you deserve compensation? you haven't suffered any loss.

jhodgski

arcon5,

Firstly, I did not say I *should* receive compensation, I was asking *if* I was entitled to compensation.

I've fallen out with my girlfriend over this cos it meant I would had no money to see her this weekend, plus the stress of the whole thing has put a real downer on me and that has affected my interactions with people.

I've been just about succeeding to keep my neck above water recently, and this event was like the final straw.

Regarding the struggle to pay the bank charges back, that was the case before elance agreed to pay them, so caused me stress up until that point.

So I could have rung the bank to save the trips?! And what - try stuffing the cash down the phone and see if it pops out at their end?!

Unfortunately, I did invite you for your opinion. I certainly won't again...



George Michael,
Yes, that is what I thought, but elance were very quick to agree to pay the charges so I'm going to proceed with them. (The contractor doesn't even respond to my messages.)

I think elance know what they did was illegal so, I'm guessing, would be happy to compensate me.



unholyangel,
Thanks, I think I will ask them for a goodwill gesture.



fluffnutter,
How will I cope when something truly awful happens?! Why don't you keep your condescending comments to yourself. You know virtually nothing about me or what my life has involved.

As regards to my message suggesting I'm struggling to cope with things - it doesn't suggest that; it makes it plainly obviously! I'm able to see and admit that's where I am right now. But what makes you think it warrants a stupid, pointless, condescending commentary from yourself?!

NeilF3485

Whilst I can understand that this may have been simply a case of "the straw that broke the camels back", it is a very minor issue which the company has immediately offered to rectify.

I've fallen out with my girlfriend over this cos it meant I would had no money to see her this weekend

Could she not have come to you? I don't see the need to "fall out" over it, I'm not judging, just saying.

With regards Fluffnutter and your unhappiness at those comments; I would personally say I've found Fluffnutter's posts helpful in every instance I've seen. I wouldn't take these specific comments personally or as being judgemental despite appearances. I actually agree with the principle that there really are more important things to worry about, and that now this being resolved you should look to continue the good work you were doing in keeping above water, and put this behind you. For what it's worth, you do sound pretty stressed and concerned about things which clearly run deeper than a couple of bank charges. If you haven't already done so, seeking some help either with regards to finances, or stress etc. would be worthwhile - whether from a professional or just friends/family.

Again, I'm not telling you how to live your life, or judging you, just offering my opinion.

Gavin83

You should be entitled to recover your financial losses. As they have agreed to pay back the extra along with the bank charges you haven't actually suffered any financial loss and therefore shouldn't be entitled to anything. I don't really think you can justify distress in this case as the 'distress' you have listed don't actually appear to be the fault of this incident but of your own doing.

Be happy the situation has been resolved and leave it at that.

fluffnutter

jhodgski wrote: »

fluffnutter,
How will I cope when something truly awful happens?! Why don't you keep your condescending comments to yourself. You know virtually nothing about me or what my life has involved.

As regards to my message suggesting I'm struggling to cope with things - it doesn't suggest that; it makes it plainly obviously! I'm able to see and admit that's where I am right now. But what makes you think it warrants a stupid, pointless, condescending commentary from yourself?!

Hmm, at the risk of being stupid, pointless and condescending, your response to my comments seems a little overwrought. It's an internet forum and you have invited strangers to make comments so it seems a little pointless to complain I know nothing about you.

I'm not attacking you; merely suggesting that falling out with friends and family over bank charges might be an overreaction to the problems that life throws at us. I apologise if that's offended you. If there are reasons why you're so upset put them in your first post! That way people have a better picture of what's going on and can help you. There's no point wailing 'but you don't know the half of it' or similar. Of course we don't! How can we?

I also feel a little compelled to say that your response has only strengthened my view that you tend towards hysteria, not challenged it! Sorry

jhodgski

fluffnutter, your insight and wisdom are clearly wasted on me...

Thank you to those that offered constructive help.

T_T_2

So to summarise, you were overcharged by elance.com which resulted in a number of bank charges. Elance have refunded the overcharge and have also agreed to pay for your bank charges. So you are no longer a single penny out of pocket?

Why is it exactly that you believe you are entitled to compensation and from whom?