A strong claim of suing my bank?

A strong claim of suing my bank?

Author
Discussion

Chiddo

Original Poster:

64 posts

114 months

Saturday 27th December 2014
quotequote all
Hi there, for the last couple of months, I have gone through hell with my bank. Basically someone used my debit card to make an overseas payments for goods that I did not recieve nor did I authorised.

As soon as I was made aware of this, I contacted the bank, they starting a fraud claim and 2 days later the money was credited back into my account.

I didn't hear nothing for around two months when the money came re-debited my account. Upon speaking to the bank I kept hearing two different sides to why the money came back out of my account. One was the merchant provided documentation to show it was sent to my billing address, 2, the fraud department believed that the merchant refunded me which is why they took the money back, (essentially saying there have been two refunds, one by bank and the merchant, this didn't make sense as there have only ever been one refund and that was by the bank)

Anyway for the last 4 and so months I have been going backwards and forwards with the bank trying to get this sorted, they kept telling me to go to tranding standards to sort it out. (Why the hell should I, which will take months to sort out) I have spents a lot of money on my mobile phone racking up huge bills averaging an hour each call, every day.

After awhile they said I had a strong case and that they will put me through to the disputes team to raise a 'goods not recieved' claim using the 120 visa chargeback scheme because the fruad department couldn't do anything 'susposedly' after taking the moneyback. The disputes team said they couldn't raise a goods not recieved claim because I didn't know what goods were ordered so I had to make up some crap, it was car parts so I said it was a cat converter.

They said I needed to send an email to the disputes dept with the details within a certain timeframe because the 120 timeframe was soon to be passed and there would be nothing that they could do. I sent over the info to a fax number given which turned out to be wrong two days before the deadline so I sent the info via email, however the did not act upon this information..

I have been going backwards and forwards with the bank whilst the collection department have been banging on charges every month, this has left me extremely stressful and sucidial, so much that I had to resign from my job as I was going crazy and mental thinking the money would never get refunded, they also trashed my credit file leaving missed payment markers and so on.

I sent them an email stating that this is the last time I will be contacting them to get this issue resolved, otherwise I will be going through to the small claims court and the FSA and that this whole experince has left me I'll and sucidial which It has done and that if anything happens to me, it will be on their heads. The email seemed to have waked up them and left them ******* themselves as about a week on my account is back in credit.

The keypoints are:

- I left a stable secure job due to the stress and the incompetence of every single person who I spoke to at the bank which weren't helpful.

- I called every day to sort the issue out, averaging an hour each time, throughout the months, I got roughly £100 back in total credited to my account which was overdrawn by nearly £2,000 however the total costs of all the calls come into the hundreds of pounds.

- They have rectrifed my account by putting it into the green, however the £100 which they credited to my account is nowhere to be seen. (My account is back to the state It was before but call cost payments are not there)

My question is, do I have a claim to make against the bank, this should of never been the case and I left my job over this because they made me extremely sick and sucidial, they messed up my credit file and I am yet to be compensated for the costs of the calls which run into the hundreds of pounds.

Many thanks

Edited by Chiddo on Saturday 27th December 14:44


Edited by Chiddo on Saturday 27th December 14:46

Simpo Two

85,526 posts

266 months

Saturday 27th December 2014
quotequote all
Sorry to seem harsh but you were the one who chose to make an hour long call on a mobile phone every day and thereby cost yourself hundreds of pounds. You could have done it by letter for the price of a few stamps, and got a paper trail for the courts too.

The initial transaction may not have been your fault but you got your money back and I think that's as much as you'll get. As you found the stress of what happened so unbearable, don't even think of going to court. Seriously, just put it down to experience and go away older and wiser.

EddieSteadyGo

11,976 posts

204 months

Saturday 27th December 2014
quotequote all
Having being the victim of identity fraud myself, I do know how frustrating it can be to deal with the bank, and get things put right, particularly when you have done nothing wrong.

However, I don't understand why you would give up your job because of this?

Also, whilst it might be irritating, is it really something to get stressed about?

As to your question about whether you should take the bank to court, this would have been worthwhile had they not reimbursed your loss from the fraud, but as they have I'm not sure what you are trying to fix.

If you are really feeling suicidal about this, you need to see your GP asap.

mikerons88

239 posts

114 months

Saturday 27th December 2014
quotequote all
You have no money so you quit your job.... confused

t400ble

1,804 posts

122 months

Saturday 27th December 2014
quotequote all
You left a job over this?

SimonV8ster

12,615 posts

229 months

Saturday 27th December 2014
quotequote all
Why was your account overdrawn by £2000 if the debt was only a £100 ? Doesn't sound like their fault ?

MajorProblem

4,700 posts

165 months

Saturday 27th December 2014
quotequote all
rofl

You jacked in your job because of this?

fking hell!

rofl

mikerons88

239 posts

114 months

Saturday 27th December 2014
quotequote all
Don't think we will see another post the OP.....maybe I'm being harsh considering he is suicidal...

JQ

5,753 posts

180 months

Saturday 27th December 2014
quotequote all
Chiddo said:
Hi there, for the last couple of months, I have gone through hell with my bank. Basically someone used my debit card to make an overseas payments for goods that I did not recieve nor did I authorised.

As soon as I was made aware of this, I contacted the bank, they starting a fraud claim and 2 days later the money was credited back into my account.

I didn't hear nothing for around two months when the money came re-debited my account. Upon speaking to the bank I kept hearing two different sides to why the money came back out of my account. One was the merchant provided documentation to show it was sent to my billing address, 2, the fraud department believed that the merchant refunded me which is why they took the money back, (essentially saying there have been two refunds, one by bank and the merchant, this didn't make sense as there have only ever been one refund and that was by the bank)

Anyway for the last 4 and so months I have been going backwards and forwards with the bank trying to get this sorted, they kept telling me to go to tranding standards to sort it out. (Why the hell should I, which will take months to sort out) I have spents a lot of money on my mobile phone racking up huge bills averaging an hour each call, every day.

After awhile they said I had a strong case and that they will put me through to the disputes team to raise a 'goods not recieved' claim using the 120 visa chargeback scheme because the fruad department couldn't do anything 'susposedly' after taking the moneyback. The disputes team said they couldn't raise a goods not recieved claim because I didn't know what goods were ordered so I had to make up some crap, it was car parts so I said it was a cat converter.

They said I needed to send an email to the disputes dept with the details within a certain timeframe because the 120 timeframe was soon to be passed and there would be nothing that they could do. I sent over the info to a fax number given which turned out to be wrong two days before the deadline so I sent the info via email, however the did not act upon this information..

I have been going backwards and forwards with the bank whilst the collection department have been banging on charges every month, this has left me extremely stressful and sucidial, so much that I had to resign from my job as I was going crazy and mental thinking the money would never get refunded, they also trashed my credit file leaving missed payment markers and so on.

I sent them an email stating that this is the last time I will be contacting them to get this issue resolved, otherwise I will be going through to the small claims court and the FSA and that this whole experince has left me I'll and sucidial which It has done and that if anything happens to me, it will be on their heads. The email seemed to have waked up them and left them ******* themselves as about a week on my account is back in credit.

The keypoints are:

- I left a stable secure job due to the stress and the incompetence of every single person who I spoke to at the bank which weren't helpful.

- I called every day to sort the issue out, averaging an hour each time, throughout the months, I got roughly £100 back in total credited to my account which was overdrawn by nearly £2,000 however the total costs of all the calls come into the hundreds of pounds.

- They have rectrifed my account by putting it into the green, however the £100 which they credited to my account is nowhere to be seen. (My account is back to the state It was before but call cost payments are not there)

My question is, do I have a claim to make against the bank, this should of never been the case and I left my job over this because they made me extremely sick and sucidial, they messed up my credit file and I am yet to be compensated for the costs of the calls which run into the hundreds of pounds.

Many thanks

Edited by Chiddo on Saturday 27th December 14:44


Edited by Chiddo on Saturday 27th December 14:46
I'm lost, how much was fraudulently taken - £100 or £2,000? And have the bank paid now paid this money back or are you still out of pocket?

Chiddo

Original Poster:

64 posts

114 months

Saturday 27th December 2014
quotequote all
Hello, basically the £2000 that came out wasn't my money, it was the bank, It was an overdraft facility. The £100 before is what the account balance was before the £2000 came out. The account is now £100 in credit back to how it was before.

Yes, I did quit my job over this it was extremely stressful, along with college and that It really made me crackers.

Efbe

9,251 posts

167 months

Saturday 27th December 2014
quotequote all
Chiddo said:
Hello, basically the £2000 that came out wasn't my money, it was the bank, It was an overdraft facility. The £100 before is what the account balance was before the £2000 came out. The account is now £100 in credit back to how it was before.

Yes, I did quit my job over this it was extremely stressful, along with college and that It really made me crackers.
ignore the others, they are being pointlessly unhelpful.

the bank probably will (if they haven't already; I didn't fully understand what you wrote) refund all call charges. just print off your phone bills to them with the offending calls highlighted. They will provide an address for you.

They should have refunded you immediately. They didn't. you should have escalated this within a week of not getting money back, I assume you did?
Also you should have raised a complaint at about the same time. a proper one, not just moaning to the advisor.

Given how banks are currently really under the cosh about 'treating customers fairly' I think we are missing a large part of the story, most likely it has been your inability to explain to the advisor what is going on.

So stop doing this through the phone and write a letter instead. Aim it around what you expect to acheieve / receive from them.
You have a right to get your money back, and for the interest of the money they should have paid back you missed, or in your case removal of charges accrued.
I would expect you could ask for a good will gesture, though don't expect much. £50-100 would seem reasonable.

Losing your job was your problem, the stress; your inability to deal with the situation. claiming for this would be completely pointless.

BlackLabel

13,251 posts

124 months

Saturday 27th December 2014
quotequote all
Losing 2k+ (even if the most of it was an overdraft, the bank would ultimately come after you for it) would stress anyone out. Glad you have had it refunded now OP.

Forget about suing them. Write to their customer relations department (by special delivery or recorded delivery). Keep the letter short and to the point. As long as it isn't more than a couple of hundred quid I think you will find they will credit your account with it eventually. They will cover your phone costs at the very least.

PS - perhaps send a copy of the above letter to your branch.

Nickyboy

6,700 posts

235 months

Saturday 27th December 2014
quotequote all
Efbe said:
They should have refunded you immediately. They didn't. you should have escalated this within a week of not getting money back, I assume you did?
Also you should have raised a complaint at about the same time. a proper one, not just moaning to the advisor.
They did refund the money 2 days later, it was the taking back of the money which they tell you when you make a claim might happen if their investigations conclude the transactions weren't fraudulent.

Du1point8

21,612 posts

193 months

Saturday 27th December 2014
quotequote all
Sorry the only money you are out was the money that was money that was refunded.

you decided to quit your job.

you choose to use a mobile to ring them, they might give that back.

Not sure of the compensation you want, you made yourself out of pocket, not the bank.

Yes it was stressful, but how would you ever cope if a parent became ill, or your OH became ill, if this is how you cope over £2k that you got back, I would suggest talking to someone about it rather than throwing money at trying to sue a bank.

Sorry to seem harsh about it all.

TheLordJohn

5,746 posts

147 months

Saturday 27th December 2014
quotequote all
Du1point8 said:
Sorry the only money you are out was the money that was money that was refunded.

you decided to quit your job.

you choose to use a mobile to ring them, they might give that back.

Not sure of the compensation you want, you made yourself out of pocket, not the bank.

Yes it was stressful, but how would you ever cope if a parent became ill, or your OH became ill, if this is how you cope over £2k that you got back, I would suggest talking to someone about it rather than throwing money at trying to sue a bank.

Sorry to seem harsh about it all.
Agree with this, OP.
You sound like a moaning tt.
He's put it more polite than I have the ability to!

megapixels83

823 posts

152 months

Saturday 27th December 2014
quotequote all
I think the use of a mobile and associated charges does not form part of your arguement. You can contact your bank by mobile, landline, fax, post and email providing you have the relevant mandate indemnities. Mobile is obviously the most ecpensive form of communication.

I feel sorry the stress got to you and you ended up in the mindset you where in and people need to remember some people get stressed about different things but is there and underlying issue here?

Write to the bank and copy letter to the regulator outlining your concerns with how your case was dealt with but I think the best you will get is an apology letter. Send your letter signed for and ask the bank that it be treated as a complaint in accordance with their complaints procedures.

Are you tied in to your bank i.e debt. If not move banks they wont care but it is a fresh start for you and reading your post any dealings with your bank in the future will be soured from the off.