Can I claim a bank charge back from an academy?

#1
I booked onto a course about a month and a half ago and the day I sent the cheque for the deposit off I found out the same day as the course my son had to go into hospital. So I called up and explained and said I didnt know when I could make it but would keep them imformed and could they not cash my cheque.
Fast forward 2 months on and I checked my online banking to find they have cashed the cheque this week leaving me overdrawn as I wasnt expecting the cheque coming out so there wasnt enough funds to cover it.
I can pay in the shortfall to get me back in credit but I have now got a bank charge for being overdrawn. And also out of pocket.

Do I have any rights for claiming back the bank charge aswell as my money from the academy?

I have written them an email just now but I dont expect to hear back right away.
Thanks!!
 

del3

Active Member
#2
A deposit is payed to reserve your place on the course.Under the cistcumstances the only thing the the company could do is refund the deposit as a gesture of good will ( allthough they are not obliged to do so).

As for the bank charges, it's not the companys fault that the bank account didn't have the funds for the cheque,and all they did was cash a cheque that the account holder wrote and signed so I wouldn't expect them to be accountable for the bank charges.
It is your responsibility to ensure funds are in place to honour any cheques written and inform the bank to cancell any cheques you don't want to be cashed.
HTH
:hug:
 

#3
If they agreed to not cash the cheque then yes they will be responsible! The problem you have is proving it, this means knowing dates and who you spoke to.
The more amicable way to approach it is explaining to the academy what has happened and see if they will agree to either refund you or knock it off the cost of the course.
:hug:
 

angel fingers

Well-Known Member
#4
probably would have been better to call the bank and have the cheque stopped instead of asking the recipient not to cash it. if you speak to your bank and explain you might get the charge refunded by them in the circumstances

if not, maybe they will take it off the cost of your course.
 

#5
Yes I have it by email from them saying they will not cash the cheque once they recieve it. And it took them almost 2 months to cash it, so they have obviously found it lying about and decided to cash it.
So I didnt think I would then need to contact my bank to cancel the cheque as they told me it wouldnt get cashed.
 

SJK

Addicted to pilates geek
#6
Gosh, what a difficult one. In hindsight, they should have told you they were cashing it, and the situation shouldn't have dragged on like this. It is a bit odd for them to keep your cheque for two months.

Do you actually intend to go on a course with them? If so, it's probably the best situation to ask for the bank charges, which you will have to prove, to be knocked off the remaining bill. If not, I think you will have a very difficult fight on your hands.
 
#7
Yes I have it by email from them saying they will not cash the cheque once they recieve it. And it took them almost 2 months to cash it, so they have obviously found it lying about and decided to cash it.
So I didnt think I would then need to contact my bank to cancel the cheque as they told me it wouldnt get cashed.
If you have an email saying they wouldnt cash it then they have made a poor admin mistake. I would say the obly obligation they have is actually refunding you the deposit as they have said they wouldnt cash it.

Have you been in touch with them in the 2 month period as to what you are going to do about the course? If not this could be why they cashed it but as good practice they should have called you to see what you were doing before cashing it.

Just wait untill Monday to sort it out with them I am sure they will be very apologetic as you have the email saying they wouldnt cash it.
 

#8
I doubt the academy will refund you, however the only other alternative you may have is file a chargeback with your bank
 

#9
They have told me it was a mistake and the cheque was put in with the banking and cashed and they didnt realise. And Iv to send them my adress so they can issue a cheque back to me, but there was no mention of the bank charge. Obviously I know I will have to prove this to them that I will get one.
Would I have to wait on my statement coming through with the charges notification? And give them a copy?
 

#10
How did they get in touch? Remember that you need written proof of things!
Wait for your next statement, or if you have online banking print it off, or pop into your branch. Once you have this send them a copy (blank out irrelevant transactions) along with their addmittance of redonsibility and request a refund within 28 days, make sure you send it via recorded signed for delivery.
If they refuse or don't respond you can then follow up with a letter (include original letter) giving them a further 7 days and state what action you will take if they fail to pay.
Hth's
:hug:
 
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