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Not charged yet but have notice...

I know there's a lot of info on this site but I can't find someone talking about my situation on this or which.co.uk etc.

I bank with first direct, and in January i went over my overdraft limit by £100 or so for several days, then i realised (I was working away and didn't check balance carefully enough) and bounced some money across from another bank. The same thing happened a week or so later, but I didn't bother correcting it as I assumed i'd have incurred a charge for the month anyway, and i knew that within 3 days i'd be paid enough wages to be safe anyway.

I opened my statement yesterday and it tells me that for the month I will be charged "Overdraft fee: £30, Excess Overdraft fee £200, Total adjustments £81CR" meaning I'm going to be charged £149 on the 26th february.

I phoned them today to first find out how the charges added up. Apparantly I get charged £30 flat, then £20 for every day i'm over the limit. The £81 they've given me back is because they never charge over £149. Gosh, how nice of them.

I then started saying the line about how they're only supposed to charge me proportional to their costs etc and asked if they can justify how it adds up to £30 a day. He replied that it's a penalty charge in my terms and conditions and so they don't have to justify it at all. I then got a 10 minute lecture on how it's all my fault for being irresponsible and i should have just phoned my overdraft limit. Wonderful thing hindsight eh? I then said a nice goodbye because i knew i'd start swearing if I was on the phone much longer.

My first question is, is this man from the bank right about the terms and conditions etc and I should just give up, or do I have a case?

My 2nd issue is, that this isn't a "reclaim" because I haven't been charged YET. I do have all my statements since I opened the account because it's only 18months old and I'm self employed so I need to keep them for if the taxman ever asks. I've been fairly lucky and I don't think i've ever exceeded my OD limit in the past, so I don't think i've any other charges to claim back. All I want to do is not pay this £150!

So any ideas?

Thanks a lot. I've only just registered but reading the tips since 2005 when i was at santaland!
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