Confused by A&L Default - help!

[mebuck]

Hi all,

 

I'm not new to these forums. I took the Halifax to court a few years ago and claimed back approximately 2k in bank charges from when I was a student. That's been it though, I've never had a problem with anything else untill now....

 

We have a joint account, which we pay our salaries in and pay the mortgage from. It's usually quite healthy. On 4th Feb, we went over our agreed overdraft because of a direct debit. Nothing unusual - I thought we'd probably get charged and we did. They wrote to us on the 4th and confirmed.

 

On the 6th Feb, they wrote reminding us about this again - 2 days later.

 

On the 7th Feb (yes - the next day) they sent me a default notice! WHAT!? We've been over our limit by £27 for a couple of days.

 

I've checked online and it has all the hallmarkings of an actual default notice. EG: Account number, nature of breach, Action to rememdy breach, Further Action. etc.

 

The nature of breach says:

 

"Failure to pay excess overdraft when asked to do so" - the day before?!

 

Can they do this? I'm paying it today having only actually received the letter yesterday on 11th Feb. I have an account with Experian still. Should I wait and see if anything turns up before I kick off with them?

[BankFodder]

Yes, wait and see but if it is lodged with the CRA then come back here.

The charges are in dispute. They know this and it would be contrary to the banking code and a breach of contract to default you on a disputed sum.

However we find that this often happens.

Keep a log of all charges because you will be gettng them back eventually.

[mebuck]

Thanks Bank Fodder, will do exactly that!

 

I feel seriously cheesed when the banks screw people over. Being a couple of days overdrawn - by £27 - is not cause for a default notice.

 

However, it's amazing how calm I begin to feel when I come here and see thousands of other people getting the same grief and helping each other out.

 

I'll reply to this thread in due course with an update.