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Do you think I have a case?
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MC Inferno
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RE: Do you think I have a case?
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.

Well 5 days should suffcient. Before a DD comes out it goes through a system called BACS a couple of days before, which cannot be stopped under any circumstances.

Originally posted by saralk
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?

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

That's irrelvent really, because you've paid the phone company and therefore they should of stopped the DD.

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

Well, thats true but it depends... Y'see, MOST systems dont have DD's and payments connected together because DD systems are really dicky to be honest. Did you explain to the phone company that you have a DD set-up and that it didnt need to come out on the 15th this month, or did you just make the payment?

If not, the auto-system might not of have been adjusted for this month. If the person at the phone company didn't realise you still had a DD to come out, theres a possiblity that the DD didnt adjust accordingly and they can say its your fault for not pointing it out to them. If they decide its not their fault and that the payment shouldn't  of came out, they should be able to reinburse you the bank charge (and companies are allowed to do this, because I have in the past, whilst some say its against the law).

It's not really down to the bank, you need to deal with the phone company.
12-31-2007 03:05 AM
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RE: Do you think I have a case?
Originally posted by Sunshine
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.
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.

Agreed. So I highly suggest you call your bank, explain what happened. And I'm sure they can reduce the fee (or VOID it all hopefully) because of the situation :p
12-31-2007 04:21 AM
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RE: Do you think I have a case?
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)

Segosa is newb.
12-31-2007 04:25 AM
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