Halifax Buffer £10, Ombudsman decision made, but incorrect

hullds73

Hello i just wanted to reply to you all so you know where we are with this advie.

Armorica: Thats correct, i have documentation that shows i can have up £1010 in this circumstance, plus was overdrawn between 1st - 5th August by £1.89 (within the buffer).

Armorica wrote: »

As others have said:
You believe your buffer should be in addition to an agreed overdraft
Halifax and the world disagree; once you have an agreed overdraft, the buffer is negated

And you need to share why FOS didn't uphold your complaint.

Dobbibill: The balance was £1001.89 (but i had £1000 interest free planned overdraft with £10 buffer on top)

Dobbibill wrote: »

Hi Hull,

Sorry for all the questions....what was your balance between the 1st - 5th August? Were you overdrawn by more than the buffer at this point? The charging period goes from the 2nd working day of the month to the 1st working day of the following month but the OP says from the 5th so we are missing information for the first few days there. This may be where it has incurred a charge!

DB

James_B: I understand where you maybe be coming from however with sounding rude this would be incorrect as a document i have stated i can go to over £10 on top of my planned overdraft. It was designed to stop such things like my case happening.

James_B. wrote: »

This one is perfectly simple to clear up, and the ombudsman is right. You've a £10 bufffer, whether or not you have an planned overdraft. This means that the first £10 that you go overdrawn incurs no charges or interest (even if your overdraft has interest and fees for normal use).

The buffer is the FIRST £10 of your overdraft. If you go £1001 overdrawn, against a limit of £10, that is not using your buffer, and is not the "first" £10 of your overdraft, it is breaching your terms, going beyond your overdraft limit, and so will be charged fees accordingly.

Your contention that the £1.89 is within your buffer is simply wrong, you were £990 beyond your buffer at that point.

You need to ask yourself, why do you believe that the buffer is on top of your planned overdraft, as opposed to being at the start of it? No-one has ever told you that it works this way, I assume...

Anyway, you are in the wrong, bank and ombdsman are in the right, you need to settle what you owe, and move on.

Edited to add, you seem to have been very lucky that an employee made the same mistake you did about the buffer, so have had charges removed, but as you know, overdrafts are repayable on demand, so you do owe the remainder.

Game_Over: That is correct i went through everything with a fine tooth comb it was outlined that its not in my terms an conditions dated (March 2011) However this is like 6 months before the complaint so i personally thought that was invalid as a leaflet was issued to me in June 2011 explaining the buffers (which i have a copy and presented to FOS)

Game_Over wrote: »

When you go to the FOS, cases are looked at first by an adjudicator.

That adjudicator invariably contacts you at the start of their investigations (if only to introduce themselves), possibly during the investigations, and again prior to them making their final recommendation to give you ample time to discuss matters, ensure the understanding of the complaint is correct, and to point out anything you feel is important.

So presumably you did that. So please post a copy of the response you received to your issue that addresses the specific point you are making here.

Even if all that fails, the adjudicators final recommendation would have described your options if you failed to agree, one of which would be to ask the actual ombudsman to rule. Obviously another chance to put your point across.
It's not entirely clear from your post if you got that far, but if so, then please post a copy of that response to this particular point too.

I have documents but personally can't upload or leave links because of been a new user. I have all the documents but i can't post any of them (New User).

Dobbibill

Thanks for posting back to us all. I have seen the said document and totally understand what you say. This is the link for others to see

http://tinypic.com/view.php?pic=zwkbw8&s=8#.VDa7b_ldXa4

Of the balance at this time all available funds or was there a cheque waiting to clear or were there any other debit card payments waiting to leave?

DB

hullds73

Hello the original reason the overdraft went over was because of £2.18 was debited from my account on August 1st 2011 (at the time i was on holiday) and this took it up over the Planned Overdraft into the £10 buffer at £1001.89. When i returned home (August 5th) i made a payment of £2.00 to bring it back into the Planned Overdraft. I made no further activity (intention was for Student Finance to be put in my account October 2011) However interest of £28.48 was charged onto the account, i called halifax, and went into the branch said this was incorrectly charged told me to write a letter thats what took so long as it then became what is called "snowballing" interest on top of interest, which bring us to our current conversation.

hullds73

Anyone happen to know any advice regarding this?

NPHammer

hullds73 wrote: »

Anyone happen to know any advice regarding this?

Yes. Let it go. Accept the ombudsmans findings. Deal with the consequences. Move on with your life. It's not getting overturned.

Thrugelmir

NPHammer wrote: »

Yes. Let it go. Accept the ombudsmans findings. Deal with the consequences. Move on with your life. It's not getting overturned.

Second this view.