I accepted £50 - does this matter??

Shaggy123

My bank charged me £200 for going over my limit by about 50p for 3 days. Having never been charged by this bank before, I was quite shocked and rang them immediately to discuss the charge. I asserted that I could not afford to pay this charge and asked whether it could be removed as gesture of good will, having explained the efforts I had been making over the past months to budget and pay off an overdraft in another account I held with the same bank.

The telephone advisor said that he could reduce the charge by £25, to which I reasserted that I could not afford to pay any charge. The £25 would make no difference to me. He then came back to me with £50. After 30 minutes of asserting my position, he wasn't budging further so I said that I was unhappy and that I was going to take £50. A £150 fine was then more affordable than paying £200. I told him I was unhappy and requested a customer complaints address.

Since, I have pursued this through the small claims process. I sent the first letter to the bank, askng for a refund of £150. I made a claim online, to which the bank filed an acknowledgement of service giving them 28 days to reply. Recently, it appears that the bank have filed their defence with the courts, so I expect a questionnaire through soon.

Although this website suggests to respond to the questionnaire, (as the bank's defence is another way of scaremongering and setting a claim hearing date VIRTUALLY never happens), is my case compromised by the fact that I accepted £50 of the £200 fee?

I never agreed, verbally or on paper that the £50 reduction was to be classed as a settlement, and I have maintained from the start that I was unhappy with this charge, even with a £50 reduction. In my claim I did not fully detail the above particulars. I said that the bank owed me £150, subsituting the spaces on the template letter for my figures without mentioning that the charge was orignally £200 but then reduced to £150.

Does the above compromise my success at all, is it worth pursuing or am I at risk of losing out? Another concern is that I do not know where the case is to be transferred to yet. The online service is based in Northampton, but I've read that if a case is transferred it will be to an area that suits the defendant. I can not afford to travel to London if there is not a good chance that my expenses will be reimbursed.

lewt

i think you'll be ok to go ahead mate