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Is A Default The Best Option Here?

Yesterday the wife checked the balance on her current account and it was £0 she phoned the bank who said there was a Direct debit went out to AOL and she was 5p overdrawn, She asked would there be a charge, they said if she went down and put in £1 there would be no charge, so she did that.

In the mean time I got onto AOL who took the payment when they shouldn't, AOL agreed it was a mistake and refunded the money which they said would take 28 days, all well and good.

Wife checks her balance this morning, £25 charge for going over drawn, she spoke to the advisor and told them the story and they would do nothing even though she was told yesterday there would be no charge and even gave the persons name. She phoned back again, same story would do nothing. I phoned and spoke to a supervisor they would do nothing, I'm in the middle of sueing there asses at the min myself and gave them my account details just to try and scare them but still no good.

The problem lies in that she has cheques due out 2 to be precise all is going to bounce, She had the correct money in until AOL made a f$$k up, this is going to spiral out of control as neither her or I have any money to put in the account. And this bit really made me laugh!!! The advisor today said if she puts in £5 there will be no more charges applied to the account today, now she was told that yesterday and got up this morning and charges applied, one hand doesn't know what the others doing,

I had to default with A&L as they done this to me, is it the best option? I mean they will not help at all.

Comments

  • hypno06
    hypno06 Posts: 32,296 Forumite
    10,000 Posts Combo Breaker
    Ring the bank again and ask to speak to their complaints department.

    Explain all that has happened and that you want them to pull the tape of the first conversation that they had with your OH which would prove that you have not tried it on.

    I think your best hope is to keep pushing the bank. Go higher and higher and each time take names and times and the length of time you are on the phone and if needed complain in the longer term to the ombudsman if this doesn't work.

    There is no way that if you are told one thing -especially for such a small amount, that charges should apply.

    Also, at the same time explain about the cheques to ensure that these will not cause a further problem.

    Keep going, that's all I can suggest really, frustrating though it is :mad:

    Good luck!
    Successful women can still have their feet on the ground. They just wear better shoes. (Maud Van de Venne)
    Life begins at the end of your comfort zone (Neale Donald Walsch)
  • dj9928
    dj9928 Posts: 343 Forumite
    I am bloody fuming, The supervisors seem to read from a script, All I got was put it in writing, and we will not be refunding. Putting it in writing is no bloody good.

    I even said can you justify charging £25 to send out a letter for going 5p overdrawn, I left her speachless for a few seconds them I got "Put it in writing" Grrrrrr... Horrible Horrible Horrible bank
  • hypno06
    hypno06 Posts: 32,296 Forumite
    10,000 Posts Combo Breaker
    My sympathies are with you - my whole month has seemingly been like that.

    Did you speak to the complaints department or just to a "supervisor". Sometimes these people tell you they are putting you through to a "supervisor" when in reality it is just to another person on the team who has no superiority at all!

    My OH used to be in a call centre and was given the title "claims incident manager" as was every other tom !!!!!! and harry. This meant that if someone got shirty they could be told they were dealing with a manager, when in reality they were still dealing with the script readers on the front line!

    Don't know what else to say other than perhaps get in touch with those who will receive the cheques and ask them to hold off paying them in for a few days?
    Successful women can still have their feet on the ground. They just wear better shoes. (Maud Van de Venne)
    Life begins at the end of your comfort zone (Neale Donald Walsch)
  • sammy115
    sammy115 Posts: 15,267 Forumite
    I wouldn't wait for AOL to give you the money back. Under the DD money back guarantee you can request that this DD be charged back into your account. I would cancel the DD to AOL and then put in writing to AOL your issue and request the charge that you have already incurred and any other charges that occur as a result of their mistake. Send it recorded delivery to the highest authority you can find.

    I would also write to A&L and ask for a transcript of any conversations that took place between you and the operator who suggested that your wife go down with a £1 and ask them to investigate their misguided advice.

    There is not an immediate lot you can do about this issue unfortunately, but I completely understand how this has made you feel. But please ring the back and at least get the DD refunded immediately.

    I would also explain to A&L about the cheques going out - they may be sympathetic but I doubt it.
    Quality is doing something right when no one is looking - Henry Ford
  • amani_2
    amani_2 Posts: 604 Forumite
    This happened to me once with BT but because of the DD guarentee they paid my payment back and all the charges. I did have to send them a letter and a copy of a statement that showed the charges.
  • immoral_angeluk
    immoral_angeluk Posts: 24,506 Forumite
    10,000 Posts Combo Breaker
    Surely AOL shoudl refund you as it was their mistake and not the banks?
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • southernscouser
    southernscouser Posts: 33,745 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Don't be mistaken into thinking you will get a default for this. You won't. :)

    The best thing to do is phone back up and tell them you are appalled in how this matter has been dealt. Ask them POLITELY to refund the charges as you know that you are able to rexclaim them because they are UNLAWFUL (do not mistake with illgeal).

    Normally the operator doesn't have the power to refund it, however, a senior donut does and you can ask to be put through to them or they may ring you back.

    If you have never been charged before explain all this. Tell them you are really disappointed that after X years of loyal service one mistake that wasn't your fault ends up with you being punished.

    Whatever you do, control your temper. They are far more likely to co-operate if you are polite. :)
  • kirstymccr
    kirstymccr Posts: 113 Forumite
    Phone AOL and ask to speak to supervisor - i have had 2 bank charges refunded by AOL due to them taking money before it was due - i had to provide proof of the charge the first time and the second they just paid the 25 bank charge
    :j Stopped smoking - 2nd Jan 09:j
  • Snaggles
    Snaggles Posts: 19,503 Forumite
    If after all of the above you are still not getting anywhere, do put it in writing to them, as they will then have to respond within a certain timescale, and you will need to have put the complaint in writing (and received a final written response from them) before you can go to the ombudsman iirc.
    "I wasn't wrong, I just wasn't right enough."
    :smileyhea
    9780007258925
  • Kaz2904
    Kaz2904 Posts: 5,797 Forumite
    1,000 Posts Combo Breaker Mortgage-free Glee!
    If you are able to go down to the bank on Monday do so and state that as you are covered by the DD guarantee you want all monies returned to your accounts. They will have to fill in a form to claim from AOL's insurance but you do not have to do any of that. You do not have to pay for recorded delivery or anything like that. This is between the bank and AOL. Point out to the bank that the date on the DD mandate is --- and they have paid it on --- sp they have mucked up. They will soon refund it as it is not just an AOL muck up it's the bank for honouring the request.
    Debt: 16/04/2007:TOTAL DEBT [strike]£92727.75[/strike] £49395.47:eek: :eek: :eek: £43332.28 repaid 100.77% of £43000 target.
    MFiT T2: Debt [STRIKE]£52856.59[/STRIKE] £6316.14 £46540.45 repaid 101.17% of £46000 target.
    2013 Target: completely clear my [STRIKE]£6316.14[/STRIKE] £0 mortgage debt. £6316.14 100% repaid.
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