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How are you? I am seeking advice on incurring Dishonesty Fee…

Customer Question
Hi how are you...

Hi how are you? I am seeking advice on incurring Dishonesty Fee charges from a direct debit authority when accounts have enough money in them to cover payments.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

W.A and its gym membership.

Lawyer's Assistant: What steps have you taken so far?

Looked at account dates, transactions available funds and you are the first port of call.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am calling on behalf of my daughter and her partner. My daughter joined the gym and with her partners blessing a direct debit was set up for weekly transaction instead of usual fortnightly payments. Thursdays were agreed upon, but the accounts being debited on any given day often a SAturday

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/23/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

Do you mean a dishonour fee because the account did not have money in it?

What is the question?

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Customer reply replied 3 months ago
it has been charged but there has been money in the account on the value date, stipified by the Gyms bank and the date of the actual transaction date.
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

the direct debit should be from your daughter's bank. And it would be your daughter's bank that would be charging.

It does not matter what date they try and take the money, if there are funds available this should be no dishonour fee.

If the banks are charging her when there is money available, she needs to write a detailed letter setting out each transaction and when it occurred and showing with statements that there was money in the account and requesting that the fee be refunded.

She should give them 14 days to refund the dishonour fees and if they don't take the matter further and reported to the financial ombudsman service.

https://www.fos.org.au/

This is the process she needs to follow and if she has evidence that there was money in the account the banks have breached the duty and cannot charge her.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 3 months ago
I would like to talk to you. When entering my phone number it comes up red. My number(###) ###-####
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

If you wish a call it is a further fee and you have to elect a call.

I cannot call unless you opt for the call.

Sorry

Leon

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Customer reply replied 3 months ago
I have chosen the talk to you option and hit the button. Just waiting on you.
Customer reply replied 3 months ago
Could you give me an indication you are still there please.
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

I cannot see a request for a phone call.

Would you prefer if I offered you the service from my end?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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