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Author anyone manage to get refunded for going overdrawn?
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
6th Jul 06 at 15:48   View User's Profile U2U Member Reply With Quote

just wondering if anyone has managed this?

Barclays have charged me £30 for going a few quid overdrawn. i want to ring up and moan
Kerry
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Registered: 5th Oct 01
Location: Norwich
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6th Jul 06 at 15:49   View User's Profile U2U Member Reply With Quote

they are not allowed to charge it apparantly and you can claim it back
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
6th Jul 06 at 15:54   View User's Profile U2U Member Reply With Quote

thats what i was thinking, but i would like to know for definate before i pursue.
dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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6th Jul 06 at 15:55   View User's Profile U2U Member Reply With Quote

It's in your contract + T&C's isn't it?
corsa5dr
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Registered: 12th Jan 03
Location: Bath/Bristol - Evo 4 GSR
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6th Jul 06 at 15:55   View User's Profile U2U Member Reply With Quote

I'm pretty sure your brother did mate



[Edited on 06-07-2006 by corsa5dr]
abdus
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Registered: 23rd Feb 06
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6th Jul 06 at 15:56   View User's Profile U2U Member Reply With Quote

yes,had it with HSBC...refunded

also refunded a late payment charge on my credit card...I cleared my credits but the payment didnt reach in time, phoned and explained that payment was amde within time limit, was refunded
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
6th Jul 06 at 15:56   View User's Profile U2U Member Reply With Quote

he claimed it back did he ol?
abdus
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Registered: 23rd Feb 06
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6th Jul 06 at 15:57   View User's Profile U2U Member Reply With Quote

can post proof of it if you want...

well,...err...my statement..no
corsa5dr
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Registered: 12th Jan 03
Location: Bath/Bristol - Evo 4 GSR
User status: Offline
6th Jul 06 at 15:57   View User's Profile U2U Member Reply With Quote

Yeah apparently he had a go at his bank about being charged, then charged again and they gave him it back. Whether or not that was because he was a student or not I'm not sure. They may make allowances for people who dont earn.

Make a real fuss and it may work. There has beena lot of industry backlash against charges recently. There is a site somewhere with advice about reclaiming money, have a google search. Also check out the FSA site there may be some advice on there.

[Edited on 06-07-2006 by corsa5dr]
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
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6th Jul 06 at 15:58   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by abdus
yes,had it with HSBC...refunded



did you just ring them and demand they refund it?

its stupid, they will only allow me to have a £10 overdraft.

i havea £700 credit card which i pay ok. but i regurly go over my overdraft so they wont update it.
Im on a fixed salary, and over £500+ goes into the account twice a month.. i dont get it
abdus
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Registered: 23rd Feb 06
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6th Jul 06 at 16:00   View User's Profile U2U Member Reply With Quote

yep phoned and made a lot of talking which was not even on topic then told them that i would never have thought HSBC would do that, other banks are more bla bla bla....

well they agreed
corsa5dr
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Registered: 12th Jan 03
Location: Bath/Bristol - Evo 4 GSR
User status: Offline
6th Jul 06 at 16:00   View User's Profile U2U Member Reply With Quote

10 quid OD! Change banks mate!

Barclays give me 2200 interest free (Graduate account though)_
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
6th Jul 06 at 16:03   View User's Profile U2U Member Reply With Quote

too much hassle to change banks, all the direct debits etc setup. i will moan my ass off
Pablo
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Registered: 3rd Feb 03
Location: Milton Keynes
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6th Jul 06 at 16:03   View User's Profile U2U Member Reply With Quote

i have b4 just called and complained it was there fault
abdus
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Registered: 23rd Feb 06
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6th Jul 06 at 16:05   View User's Profile U2U Member Reply With Quote

and always try to praise other banks services...
John
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Registered: 30th Jun 03
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6th Jul 06 at 16:05   View User's Profile U2U Member Reply With Quote

www.moneysavingexpert.com
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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6th Jul 06 at 16:08   View User's Profile U2U Member Reply With Quote

Damm it John.

Here is the exact article

http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
6th Jul 06 at 16:15   View User's Profile U2U Member Reply With Quote

oh you beauty.. i see a letter coming on:

quote:

[your address]



[their address]


[date]


Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx


My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.


My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.









Yours faithfully,





[name]

abdus
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Registered: 23rd Feb 06
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6th Jul 06 at 16:49   View User's Profile U2U Member Reply With Quote

phone them first, then see what happens...
Ian
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Registered: 28th Aug 99
Location: Liverpool
User status: Online
6th Jul 06 at 16:55   View Garage View User's Profile U2U Member Reply With Quote

I've had them lifted over the phone, and later lifted again at a branch. They also have to be reflect the cost to the bank of your debt and not represent a fine or penalty.

That letter would probably work, although its far too long.
Andrew
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Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
6th Jul 06 at 16:58   View User's Profile U2U Member Reply With Quote

You know your skint when your complaining over £30
Twiggy
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Registered: 15th Oct 04
User status: Offline
6th Jul 06 at 17:33   View User's Profile U2U Member Reply With Quote

Just start talking about the OFT and FSA (banks get scared when there names are mentioned)

Say you want to close account as its dicussting...

Or as I regularly hear at work and if you dont mind being sick in the head... "me mum died" (Some woman i was talking to re charges had said this and the notes said this had happend TWICE before!!!!!)

[Edited on 06-07-2006 by Twiggy]
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
6th Jul 06 at 17:38   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Andrew
You know your skint when your complaining over £30


no its more the fact that im charged 10x what ive gone over
Twiggy
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Registered: 15th Oct 04
User status: Offline
6th Jul 06 at 17:41   View User's Profile U2U Member Reply With Quote

is it first time?
Chump
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Registered: 1st Feb 04
Location: Sharnbrook
User status: Offline
6th Jul 06 at 17:43   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Bart
oh you beauty.. i see a letter coming on:

quote:

[your address]



[their address]


[date]


Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx


My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.


My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.









Yours faithfully,





[name]




be warned about sending this letter....banks have now started sending letters back to customers who send this letter saying that they're going to close their accounts as the customer is not adhering to the T&C's originally laid out when you opened the account.

you may well get your money back but you also run the risk of having your closed shut down with only 30 days notice which legally they are entitled to do.

Depends which you find more important.....

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