i've just read somone alses question that was a bit like this, my partner had had a bit of trouble with his bank (Natwest) witch was no fault of his own, his phone bill was due to go out and they didn't take it out but they charged him £48 then another £48 a few days later in that time he went over his overdraft and then got charged another £35 can they do this or is there any way we can claim this money back. thanks xx
2006-11-12 08:28:39 · 14 answers · asked by Dreamah 3 in Business & Finance ➔ Personal Finance
I read an article on this in www.moneysavingexpert.com. Its seems that if you make a complaint and mention 'taking legal action against them' they are willing pay you it back out of what the bank might call 'customer courtesy'.
The other 99 out of 100 will have paid their £50 charges. Thats not bad for the price of 100 letters plus postage at say 50p each!? Now thats a nice little earner.
2006-11-12 13:44:35 · answer #1 · answered by Alan M 1 · 1⤊ 0⤋
Legal? Yes! If this is your first time overdrafting the account most banks are considerate enough to reverse the first one. If you have a pattern of overdrafting don't even think about it. Keep in mind a bank is a for profit corporation and every time you overdraft your fault or not the bank runs the risk of losing that money.
In the states there are consumer laws that protect consumers. In a situation such as this however where a third party debited your account twice in error you have a right to dispute this transaction and have it reversed. Simply go to the bank file an unauthorize transaction affidavit and they will reverse the second debit. They will also reverse the fee as it was created as a result of this mistake.
As consumer we have rights, we just are not always aware of them and as such do not execute them.
Best of luck and go get your money back.
2006-11-12 10:48:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It all depends on your agreement with the bank. All those papers they gave you when you sign up for an account actually mean something.
In some agreements, they can charge you for each transaction, even to use your own money, or making a deposit.
They have stiff fees for spending more than you have. That's usually called an overdraft fee.
Sometimes they will let you go over the amount you have by a set limit. If you spend more than you have but less than this limit, they don't charge you extra, but if you go over that, they can, they will, and may or may not honor the check even though they'll charge you for it.
It's in the agreement. Somewhere.
2006-11-12 08:34:33 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
Unless the second 48 was an overpayment - your boyfriend has no recourse. Going over your overdraft limit is just the same as writing out a bad cheque, or a cheque that goes N.S.F. If the second charge against his account was an error on the part of the telephone company, he can seek repayment of the bank's overdraft charge from them.
2006-11-12 08:34:54 · answer #4 · answered by peaches 5 · 0⤊ 0⤋
no, it's not illegal... they've lent you the amount of the overdraft, so if you go over the overdraft you're technically taking the money from them without permission.
sounds like your partner's been charged twice in error, so the chances are they'll be able to claim the charge back. Otherwise... nope.
2006-11-12 08:39:43 · answer #5 · answered by whoopscareless 3 · 0⤊ 0⤋
well if you lived in the US you could get your money back but because you live crappy old england or some other place of that nationality you can probably forget it. I used to work for an english bank once while overseas, they are very corrupt and the english government ALWAYS! defends banks over the individual. Basically no matter what the case is you are at fault and the bank is right in their eyes.
2006-11-12 08:32:53 · answer #6 · answered by enviroman2222 3 · 0⤊ 0⤋
yes they can take out, and yes the bank can charge for the overdraft, suggest your friend get overdraft protection from the bank in case it should happen agian
2006-11-12 08:32:52 · answer #7 · answered by grandpajim1920 1 · 0⤊ 0⤋
I think that a charge is not illegal, but the amount charged is. The sum charged is disproportionate to the penalty and therefore illegal! i am about to try and reclaim my losses with the help of www.penaltycharges.co.uk
2006-11-12 09:04:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
They can do this. Apparently you can only claim it all back if you have six years worth of charges and all the statements to prove it then you can take them to court. Crazy isn't it. This is Rip Off Britain for you.
2006-11-12 08:35:27 · answer #9 · answered by jeeps 6 · 0⤊ 0⤋
Ask your bank for a copy of your account terms & conditions and also their fees & charges booklet. This will give you an idea of what charges your bank can /cannot charge you.
2006-11-12 08:36:00 · answer #10 · answered by alibeeie 2 · 0⤊ 0⤋