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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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my daughter just phoned me from her holiday in Amsterdam

Customer Question

hi my daughter just phoned me from her holiday in Amsterdam she said she went to withdraw some money from her account but found out there was nothing in there. She phoned her bank and has been told that her local corner shop that she has been shopping in has just taken the last three months transactions out in one lump sum which resulted her in being overdrawn by £320. So now when her money gets paid into her account tomorrow it will be swallowed straight up . She has now been left with no money to pay her child minder, no food and no fuel for the car. Is the corner shop allowed to do this without letting her know first.?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

No, they are not. Has she spoken to them yet?

JACUSTOMER-4a7p4m84- :

she has not been in the store yet as she is away in Amsterdam,It is a small Londis corner shop.

JACUSTOMER-4a7p4m84- :

What would you suggest you do could she get her money back as she has been left with no money to live on.

Alex Watts : Has she spoken to her bank yet please? Can they credit her back?
JACUSTOMER-4a7p4m84- :

yes she has spoken to them and they can not credit her back.

JACUSTOMER-4a7p4m84- :

She has now spoken the shop owner who said he was only made aware of the situation when he went on facebook and saw all of his customers comments about his shop. He then checked his bank account and found out he was 120,000 in debt, He could only apologies as he has now got all his money back, but that does not help my daughter who has been left with nothing plus bank charges to pay for being overdrawn.

Alex Watts : Indeed.
Alex Watts :

You need to write and set out your losses and request a refund within 48 hours or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. She can claim ALL losses back, including bank charges etc. She should also report to this Police as this is FRAUD.



Can I clarify anything for you about this today please?

JACUSTOMER-4a7p4m84- :

The thing is she actually spent this money in the shop so she does owe it the thing she is complaining about is she spent it over a three month period at between £8 to £10 at a day and did not realize that the money was not coming out her bank, and now they have taken it in one lump sum without telling her and left her with nothing and gaining bank charges for being over drawn.

Alex Watts : I don't quite uderstand, she accrued a debt?
JACUSTOMER-4a7p4m84- :

she shopped every day in her local shop and paid with her bank card, but unknown by her or the shop owner the chip and pin machine was not working properly and did not take the money out of her bank account. This has been going on for the last three months and now it has been fixed and has taken all the money she spent in the shop out of her account in one go which was over £300 which has now left her account empty and over drawn, and she was never told this was going to happen

Alex Watts :

So she has had £300 of goods? Did she not check her account?

JACUSTOMER-4a7p4m84- :

nobody checks their account every day after they have been in a shop and spent just £10 you just would'nt notice.If she had spent a large amount she would have noticed if it had not come out but not small amounts at a time.

Alex Watts : Does she accept she has had £300 of goods/services? Ie have they charged her for something she didn't get?

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