Smile adding more charges while claim is ongoing!

djmunch

Hello,

I started a claim against Smile on 21 May after they charged me £35 for going 35p over my overdraft limit.

To date i have received two letters saying they are still considering the matter and will reply soon. Today however i have checked my account and they have added another £110 in charges for being £2 over my limit.

Are they allowed to continue adding charges considering i have raised an objection to them in the first place and am waiting on them to respond to my dispute over them being lawful??

Thanks,

Matthew

Beate

Charging you for going overdrawn is what banks do. They won't just stop because you are reclaiming or have reclaimed charges. If you go overdrawn forever, they will charge you forever, and it's up to you to stop it by not going overdrawn again and by reclaiming what they have taken.

crazyworld_2

djmunch wrote: »

Hello,

I started a claim against Smile on 21 May after they charged me £35 for going 35p over my overdraft limit.

To date i have received two letters saying they are still considering the matter and will reply soon. Today however i have checked my account and they have added another £110 in charges for being £2 over my limit.

Are they allowed to continue adding charges considering i have raised an objection to them in the first place and am waiting on them to respond to my dispute over them being lawful??

Thanks,

Matthew

Well, I read on another board that when the claim is started as long as you formally tell the bank that the account is now in dispute, and that they may not debit your account with any further charges that they have to abide by that.

I informed my own bank of this when i'd read that thread after I'd made my official complaint to the ombudsman, I can't remember now where I read it, I think it was on the CAG site. So far they have not debited any further charges from my account. So that did seem to do the trick, i've read of cases where even after the extra charges have been debited, they have been included in the settlement.

Anyway, please don't just take my word for it, i'm sure others would advise you better about that.

crazyworld_2

Beate wrote: »

Charging you for going overdrawn is what banks do. They won't just stop because you are reclaiming or have reclaimed charges. If you go overdrawn forever, they will charge you forever, and it's up to you to stop it by not going overdrawn again and by reclaiming what they have taken.

"It's up to you to stop it by not going overdrawn again!"

How very helpful of you Beate. Nothing like constructive positive assistance is there? You wouldn't happen to work for the Nationwide in it's "Member Service" department would you?

I'm sorry I had to edit this again, these sorts of comments make me very angry, if it hadn't have been for the charges in many people's cases they would never have had an overdraft in the first place.

princesskez26

crazyworld wrote: »

"It's up to you to stop it by not going overdrawn again!"

How very helpful of you Beate. Nothing like constructive positive assistance is there? You wouldn't happen to work for the Nationwide in it's "Member Service" department would you?

I'm sorry I had to edit this again, these sorts of comments make me very angry, if it hadn't have been for the charges in many people's cases they would never have had an overdraft in the first place.

Your quite correct in your second line 'how very helpful of you Beate', Beate helps many a person on here reclaiming their charges and was merely stating fact

crazyworld_2

princesskez26 wrote: »

Your quite correct in your second line 'how very helpful of you Beate', Beate helps many a person on here reclaiming their charges and was merely stating fact

Oh, princess, how very loyal :rotfl:

princesskez26

crazyworld wrote: »

Oh, princess, how very loyal :rotfl:

Aren't I :rolleyes:

BeeBee_2

well what happened on the 19/6/07? was Lloyds defence struck out? Theyve just issued a defence against me. Im trying to get up to speed with their current tactics. Feeling daunted by all this 'legal speak'.

princesskez26

BeeBee wrote: »

well what happened on the 19/6/07? was Lloyds defence struck out? Theyve just issued a defence against me. Im trying to get up to speed with their current tactics. Feeling daunted by all this 'legal speak'.

Hi BeeBee, I got notification from the court they are striking out the defence Lloyds submitted against me. They have 14 days from the date of the letter (19th) to object if they do it will go before the judge and he will decide whether to set a hearing date or not, if they dont then I will be awarded judgement in my favour

Seems the courts are getting fed up with the banks delaying tactics and wasting courts times as they are settling the vast majority before they reach a hearing.

Its all a waiting game :rolleyes:

Kez

Beate

crazyworld wrote: »

"It's up to you to stop it by not going overdrawn again!"

How very helpful of you Beate. Nothing like constructive positive assistance is there? You wouldn't happen to work for the Nationwide in it's "Member Service" department would you?

I'm sorry I had to edit this again, these sorts of comments make me very angry, if it hadn't have been for the charges in many people's cases they would never have had an overdraft in the first place.

The OP asked how he could stop banks charging him. It's a fact that banks charge people for going overdrawn. We all know their charges are unfair, but they are not illegal, and nothing but not going overdrawn again will stop them charging anyone - unless the government or the OFT step in once and for all and forbid them doing it. That's a fact I am afraid, and we all have to live with it.I am quoting Martin's article here: "The best route is don't get charged in the first place. It’s far better never to have to face charges in the first place than to try and reclaim them. Remember a bank’s job isn’t to look after you, it’s there to make profits for shareholders."But maybe you want to have a go at him as well and accuse him of being in cahoots with the bank?

crazyworld_2

Hi Beate, my point was essentially that the original poster may or may not have been forced into the position of being overdrawn purely due to the cumulative effects of the charges themselves. In that instance, how can you give advice (Just like the advice a bank gives) that they should not have gone overdrawn in the first place when they may not have had that choice?

I don't personally know the full details in relation to the poster, and whether or not the above applies, do you? If you don't then how can you state as fact what you've said, when that might not be true?