Overdraft charge - does it sound like I have a reasonable claim?

[NineUnlikelyTales]

I did a stupid thing last Friday. Knowing I was near the end of my overdraft limit, but not at the very end, I took £20 out of a cashpoint at 2.15pm. On Monday I paid in money to cover the direct debits for the month, which is usually the only money to come out of my account.

I received a letter on Tuesday telling me that I was being charged a penalty fee because I went over my limit by £5. On checking my statement I see that this was because a card payment went through for £12.99.

Am I unreasonable to think that at 2.15pm the bank knew that the £12.99 card payment was going through, and that the cash machine should have refused to give me the £20 due to insuffucient funds in my account? They have charged me £90 for this.

I know I should have checked my balance first and I am kicking myself. But does this sound like I have a good claim against the bank? Thanks.

i thought banks just let you go over drawn and over your over draft just so they can charge you!

thats how they seem to work IMO.... you have just gone oevr your authorised OD so yes i would have thought they could and have charged you...

but i also thought that now they cant charge more than £12 (is it £12) per 'thing' so surely you should be charged £12 not £90

good luck argueing...

it may be that if you go into the bank and talk very sweetly and explain the circumstances they just remove the charge for you!

Yes, you've got a good claim against them for unlawful charges...

BUT the banks have recently won agreement that they can freeze all such claims until the outcome of a test case - which could take years.

OTOH, if you phone up & ask v nicely, & you aren't in the habit of incurring charges, they might agree to waive it out of 'goodwill'

If they won't, keep your statement & keep an eye out for results of the test case.

Thanks

Grovelly letter with overtones of sending details to the test case people must be written, then.