returned direct debits

sadiepops

Hi Folks

Need urgent advice on the following:

Submitted a small claim in my local court (Scotland) as I always do, citing the same legal arguement i.e. Dunlop v pneumatic. I have done this several times before. These cases are never contested and I have always won by default.

However, this time it seems BOS have appointed soliciitors to defend the action.

I now discover that my argument no longer stands. Question- is it too late to change my argument?Or perhaps withdraw the claim and go through OFT?

Or do I still have a chance with the 'unfairness' argument when you consider the following:
The fees on my account are termed 'returned direct debit fees'.I have no overdraft facility on my account so my statement looks like this:
The bank appears to pay a direct debit but there is no money in my account. My account appears to go overdrawn. Moments later my balance returns to normal and the direct debit is marked as 'returned'. For this I am charged £10 each time. This is unfair because the item was not paid therefor how could I have gone overdrawn?

sadiepops

Also, have the BOS in fact committed fraud? By making it appear that I have gone overdrawn in order that they may then term the charge an unauthorised borrowing or overdraft fee? If they did not in fact pay the direct debit then how could I have gone overdrawn? I would not be able to spend more than was in my account using my debit card? Is this a good argument?

dunstonh

The bank appears to pay a direct debit but there is no money in my account.

The bank is damned if they do and damned if they dont. For every person that complains they didnt pay a debit, there will be another that complains they didnt.

If you do not have the maturity to run your bank account yourself and rely on the bank to do it then you are asking for charges to appear. You are clearly a serial offender given the number of times you have done this before. Have you not learnt this yet?

I would not be able to spend more than was in my account using my debit card?

Debit card payments cannot be returned and not all debit card transactions check your account balance before being processed. Even if they did, it would be the balance at that point and not any unknown transactions yet to arrive.

Is this a good argument?

No. Totally flawed. You are in breach of their T&C in the running of your account. So, trying to blame them is futile.

noh

Totally flawed. You are in breach of their T&C in the running of your account. So, trying to blame them is futile.

Although I agree with your sentiments and that the OPs arguement is totally flawed.
The OP is not in breach of his agreement.
Because, in accordance with the T+Cs of his account, he has requested an unplanned overdraft.
The bank considered that request and declined it. They then charged their published fee for that service.

Paragraph 10.8 of
http://www.bankofscotland.co.uk/bankaccounts/pdf/bank-account-conditions.pdf

noh

sadiepops wrote: »

Also, have the BOS in fact committed fraud? By making it appear that I have gone overdrawn in order that they may then term the charge an unauthorised borrowing or overdraft fee? If they did not in fact pay the direct debit then how could I have gone overdrawn? I would not be able to spend more than was in my account using my debit card? Is this a good argument?

They have charged you a returned item fee of £10 not an overdraft fee.
See my post above and BOS published fees and charges.
http://www.bankofscotland.co.uk/bankaccounts/interest-rates-fees/

sadiepops

Thanks for the link , Nuh.
How does the law stand on returned item fees?

dunstonh

I was interpreting it as an unpaid item fee. However, I understand what you are saying.

How does the law stand on returned item fees?

allowed.