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(@jackiemcr)
Eminent Member
Joined: 8 years ago
Posts: 23
Topic starter  

I told my bank about the Trust Deed in December and I’ve noticed for January and February they have charged me the £17 monthly fee for my account and have now sent me a letter saying as it has put me over my overdraft limit (which was also included in the deed) and they are going to charge me £10 a day!!

Where do u stand on this? As I told them about the Deed should I have to pay any of the account fees?

Thanks for your time.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi JackieMcR.

Just to double check, this account was overdrawn at the point your trust deed began?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@jackiemcr)
Eminent Member
Joined: 8 years ago
Posts: 23
Topic starter  

Hi no it just had the £300 overdraft on it. It’s only overdrawn now because they added £17 account fee for January and February 2018.

The account fee is because it’s a TSB Platinum account.

I told them on the 22nd December about the trust deed.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Thanks.

So when you say it just had the £300 overdraft on it, do you mean that you were £300 (or near that amount) overdrawn at the time the trust deed was signed?

To put it another way, were you overdrawn when your trust deed was signed, but within that £300 overdraft limit?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@jackiemcr)
Eminent Member
Joined: 8 years ago
Posts: 23
Topic starter  

Hi TDA I had the agreed overdraft limit of £300 on my account and I was paying a fee of £17 a month for the account.

The overdraft of £300 was interest free with the Platinum account.

I had a balance of £0 on my account and the overdraft of £300 which was included in the trust deed.

The account is now showing overdrawn by £334 as they have added the fees for January and February for the privilege of having the account.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Sorry. I'm probably missing something obvious here!

On the day that your trust deed was signed what was the balance of this bank account?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@jackiemcr)
Eminent Member
Joined: 8 years ago
Posts: 23
Topic starter  

Hi it had a balance of £0 and the overdraft of £300.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi JackieMcR.

Sorry again, we seem to be talking at crossed purposes and I'm still not understanding.

On the day that your trust deed was signed an account can only be one of the following two options:

1 - The account was overdrawn by £300.

2 - The balance of the account was £0.

It can't be both.

If you could clarify I'll be able to help.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@jackiemcr)
Eminent Member
Joined: 8 years ago
Posts: 23
Topic starter  

Hi there is an agreed overdraft on the account of £300. I pay £17 a month for this account as I got the interest free overdraft and insurance etc. I cancelled all my DDs and moved my account to RBS.

My account is showing that I am now over the agreed overdraft as they did not close or suspend the account they continued to add 17 fees for January and February 18. I have now got a letter saying they will charge me £10 a day because I am over the agreed amount,

The account only had the agreed overdraft of £300 when I signed the trust deed.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Did you ask the bank to stop your account when you entered the Trust Deed, JackieMcR? If not then technically they could argue that you still have access to the Platinum benefits and are still liable to pay for them going forward. If these fees are taking you further overdrawn and resulting in further fees then they may also be able to insist on payment of these.

If you haven't done so already, you should contact the bank and tell them you no longer want the Platinum benefits. I think you may also find that if you complain that you understood that these would stop on you entering the Trust Deed then you may find that they write off the fees and charges they have charged you since the Trust Deed was signed.

If they won't do so then you may have to pay them I'm afraid as the charges are to do with transactions that happened after the date of signing.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Kevin,

Do you see such charges enforced often in practice?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

No, I think usually banks will just write this kind of thing off.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@jackiemcr)
Eminent Member
Joined: 8 years ago
Posts: 23
Topic starter  

Thank you for your responses. I called the bank and they have agreed to remove the fees and update the account. They said it can take 24 hours so let’s hope it’s done and I don’t need to call again.

Thanks again


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

That's great JackieMcR.

Well done for being so proactive and dealing with this so quickly.

A good sensible decision by your bank as well.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

That's good to hear. Thanks for keeping us updated!

I hope everything goes smoothly for you from now on.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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