I'm just asking for your general advice in this situation.

First a bit of background, with my bank account, if a direct debit (an agreement with a company to take money out of my bank account automatically without me authorising it, for things like phone bills and stuff) doesn't go through because I don't have enough money in my bank account, I get charged £35.

My phone bill came in at £55, and I didn't have enough money to pay through that bank account, so I used a debit card from another bank account to pay it with. The money was charged and everything was cool.

Then, a week later, I get a letter saying that my phone network tried to charge me £55, but it failed and so they are going to charge me £35.

So even though I paid the network, they still tried to charge me (which could be an honest mistake, since direct debits can take a few days to go through).

Do you that my mobile phone network should pay me back the £35 I got charged? At least in the form of credit on my next bill.

yes

Well, you did have a compromise to have the money every month.. And while it's understandable that you payed by other means, if such 35£ fee exists, I don't believe you can do much about it, honestly. They'll bitch you endlessly.

Do the bank charge you or the phone company?

If the bank that's very steep, and usually you get some charge + whatever you owe if you don't have an overdraft set up.

If the phone company that's still a pretty high charge and not really acceptable if you managed to pay them in reasonable time.

I don't know if arguing about it will eventually be worth the time, I was getting taxed for a few years but if I went through the hours of paperwork and  phone calls I'd've only got about £25 back if that, it wasn't worth my time in the end.

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Originally posted by aNILEator
Do the bank charge you or the phone company?

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If the bank that's very steep, and usually you get some charge + whatever you owe if you don't have an overdraft set up.

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I don't know if arguing about it will eventually be worth the time, I was getting taxed for a few years but if I went through the hours of paperwork and  phone calls I'd've only got about £25 back if that, it wasn't worth my time in the end.

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I went over once, I don't have an overdraft on my current account, but I paid it back within a week or so and never had any charges.

I've worked a little in accounts so I know a LITTLE on DD's. When was the DD due date, and when did you pay the phone company? Plus, did you inform your own bank to cancel this month's DD?

Technically (legally) probably not as really the fault and responsibility lies on you, but you never know they might feel for you!

It all depends on the two questions I asked him before, trust me.

It's still not very clear to me who charges here, the bank or Mobile Phone network.

If you have an agreement with your bank that the bank will charge you £35 if you don't have enough money in your account at the time a direct debit is issued then you have no ground to stand on whatsoever. Not towards the bank and especially not towards the Mobile Phone network as they are not to blame for you not having enough money in your account at the time they charge.

I don't know if such is custom in the UK for banks to do but overhere the bill just won't get payed and that's it (unless you are allowed to have an overdraft)..your on your own to pay your bill. Only your Mobile Phone company can ask to withdraw again (the bank does not pay automaticly as soon as you do have enough money in). I would look for another bank to be honest.

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Originally posted by Sunshine
If you have an agreement with your bank that the bank will charge you £35 if you don't have enough money in your account at the time a direct debit is issued then you have no ground to stand on whatsoever. Not towards the bank and especially not towards the Mobile Phone network as they are not to blame for you not having enough money in your account at the time they charge.

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Originally posted by MC Inferno
I've worked a little in accounts so I know a LITTLE on DD's. When was the DD due date, and when did you pay the phone company? Plus, did you inform your own bank to cancel this month's DD?

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The mobile phone network withdrawing is automated at the mobile networks side, you payed them another way just a few days before the withdrawal was due so it might have crossed. It would have been wise if you had called your mobile phone network the day you payed them in a different method to inform them that you did so they could cancel the automatic withdrawal. They are still not responsible for any agreement you have with your bank.

In short: If you had notified the mobile phone network before withdrawal time and they still charged then you "might" have a case, but if you did not then there is nothin you can do about it and you can't claim that money back from anyone. Just let this be a lesson on how to handle such in future. And find another bank with no such rediculous rules!

There's always the "phone the bank/phone company and explain the situation and ask nice and hope for a credit from one or the other" route.

If indeed that is what happened then they have no right to charge you when the account has already been fully paid.
Of course you are entitled to £35 in compensation from the mobile network as, but for their actions (which was a fault of their own as the account with them had already been settled and as such they were not entitled to any further cash), you would not have incurred the £35 charge from your bank.
Of course I would not expect them to repay you in cash (although legally they should, I doubt they would do it over the phone though) but you should at least have that much worth of calling credit for the next billing period.

I personally would not let the issue go, give them a call and keep arguing until you are provided with some form of compensation. After all, why should somebody essentially be stealing your hard earned cash?

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Originally posted by Volv
After all, why should somebody essentially be stealing your hard earned cash?

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Originally posted by saralk
hard earned student loan

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Well, I'm not really sure if you have a case. I mean, it would have been avoided if you had Overdraft Protection (which is pointless if you TRY not to do this stuff).

I got hacked once on my PayPal and someone tried taking 300EUR from me. It came out of my bank account (later refunded by PayPal). But I still had to pay a 37$ NonSufficient Fund. I managed to call my bank explain the fraud and I got it reduced to 8$ . Happy days

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Originally posted by SonicSam
But I still had to pay a 37$ NonSufficient Fund. I managed to call my bank explain the fraud and I got it reduced to 8$ .

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Originally posted by saralk

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Originally posted by SonicSam
But I still had to pay a 37$ NonSufficient Fund. I managed to call my bank explain the fraud and I got it reduced to 8$ .

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I'm not going through my bank, it's not their fault, i'm going to ask my mobile phone network.

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Originally posted by saralk
I'm not going through my bank, it's not their fault, i'm going to ask my mobile phone network.

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Originally posted by saralk

On the 10th, i realised that I didn't have enough money in my bank account, so i went on the network's site and paid that months bill by card.

They still charged me, even though my account was fully paid for.

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Originally posted by saralk

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Originally posted by MC Inferno
I've worked a little in accounts so I know a LITTLE on DD's. When was the DD due date, and when did you pay the phone company? Plus, did you inform your own bank to cancel this month's DD?

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The direct debit isn't an order to take the same amount each month, they take how ever much I owe every month. At that point, i owed £0

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Originally posted by Sunshine
If you had notified the mobile phone network before withdrawal time and they still charged then you "might" have a case

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Originally posted by Sunshine

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Originally posted by saralk
I'm not going through my bank, it's not their fault, i'm going to ask my mobile phone network.

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You can ask (askin never hurt) but note that they don't have to pay you back anything as they are not responsible for any agreement you have with your bank. They did not receive 55 pounds through the withdrawal nor do they get the 35 your bank charges, they would have cancelled the withdrawal if you had notified/warned them you had already payed them in a different way than usual/agreed upon.

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Or.. if you really wanted to spend a couple of million dollars you could challenge the bank's liquidated damages clause in your contractual arrangement stating that its a penalty and doesn't reflect the bank's estimated loss....

(or at least you could with Australian law.. i believe the banks themselves are paying a plaintiff to take it up to the high court so there can be some certainty over whether those clauses reflect a reasonable amount of loss to the banks)