Overdraft Fees

Brenda_Mayers

Hi, please can someone provide some guidance on a very sensitive and awkward bank fee query I have where the bank is hiding behind the 'data protection' shield! My brother has a history of being useless with his finances and has lived in a 'formal' overdraft for most of his adult years when he had what the bank call a 'bank account' since more than £500 was credited to the account each month. He lost his job over 18 months ago and has had no regular income since then and his account has remained £500 overdrawn with my parents paying the monthly fee. My brother took up a new job opportunity last month to work abroad where he would receive no wages but would get food & a bed for his work as a farm labourer. Since he had no finances to fund a flight abroad, my parents agreed to clear his overdraft and pay for his flight & give some spending money on the basis that he cancelled the overdraft. The overdraft facility was cancelled by my brother before he left the UK (in writing) however his bank have allowed him to take cash from a cash point taking his account £54 overdrawn. The account my brother currently holds is their 'basic current' account where overdrafts are not granted. I have taken this matter up with his bank as I have access to his account online as it feels they are allowing him to take money that he doesn't have so they can charge £5 per day that he is overdrawn. Unfortunately the matter is made worse in that my brother never made it to the place he was supposed to be working and is currently registered as missing as we have been unable to contact him for over 3 weeks (he has a history of depression). On the advices of our local police, we funded his account to clear the overdraft and also put his account into credit which we did leaving it £42+. The next day, a cash withdrawal was made which on a positive note has given us a location of where my brother and that he is alive but the account has now gone £37 overdrawn so yet again, his bank are allowing him to take money which is not there. I don't understand how the bank can get away with allowing someone to take money out of a cash point when there isn't sufficient funds in his account and they are aware he has had no income for over 18 months. All we ask is for the bank to stop allowing (who we assume is my brother) withdrawing cash that he doesn't have and has no means of re-paying but they just fob us off with Data Protection despite the fact that we have copies of my brothers written request to cancel this overdraft facility. Any advices would be very much appreciated. Thank you

[Deleted User]

All I will say is that if your brother is over eighteen and can make informed decisions himself then how he conducts his bank account is really not your business.

I understand your concern for his whereabouts and well-being, but ultimately any extra debt he runs up is his own responsibility.

The Bank are not "fobbing you off" with excuses about Data Protection and as you are not the account holder there is nothing you can do.

As you have already involved the police, it's certain they will use any such banking activity to track your brother so it's possible this is a blessing in disguise.

I certainly wouldn't be funding his overdraft any more, though..

I hope everything turns out for the best...

dunstonh

where the bank is hiding behind the 'data protection' shield!

It is good to hear they are taking that stance. Failure to do so is treated very seriously nowadays.

I have taken this matter up with his bank as I have access to his account online as it feels they are allowing him to take money that he doesn't have so they can charge £5 per day that he is overdrawn.

They may not have had a choice. Transactions can take days or even weeks to arrive sometimes. So, he may have done the transaction on a day when the balance was available but failed to take into account transactions that were already in progress but yet to come off the account.

All we ask is for the bank to stop allowing (who we assume is my brother) withdrawing cash that he doesn't have and has no means of re-paying but they just fob us off with Data Protection despite the fact that we have copies of my brothers written request to cancel this overdraft facility.

The bank is not fobbing you off with the data protection act. It is a law they have to follow and failure to follow it can lead to finds and regulatory action. We want the banks to act within the law and act correctly. It is an inconvenience for you but for all you know, your brother wants it this way. The bank cant decide to overrule the law for your convenience.

The bank is not allowing him. Your brother is abusing the banking system to take advantage of it. Best thing is to bring the value to £1 and not put it in credit by an amount that can be drawn out via cashpoint.