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Originally Posted by Mr Angry
Ask the boffins at NTL to give you an actual breakdown of the £10.00 charge. They won't.
Ask the person you are speaking with to confirm their identity by sending you a "real time" email. Advise them that under consumer contract law it is illegal in that it is a penalty charge which constitutes an unfair term and advise them that you are intent on seeking restitution in the event that they do not waive same - through County Court action if need be.
As far as your bank is concerned they should conform to your request when faced with the same argument and the additional facts / information you have to hand.
There is no such thing as an "unauthorised overdraft". Once a bank authorises (by accepting and processing) a payment from / debit to an account which brings that account into an overdrawn status they, as a party to the contract, have, by their own actions, negated that argument.
One could successfully argue the merits of an "agreed" overdraft on the premise that the bank agreed to conduct the transaction without consulting you (to their benefit, strangely enough) and that in doing so they had, in effect, made a contractual amendment without actually consulting you.
You'd probably be more successful in arguing "abuse of process" or "willful neglect" than "theft" on the part of the bank.
It shouldn't get to that though.
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By the term "unauthorised" do the banks not infer that it's "previously unauthorised", obviously it's authorised as you say when they allow payments to be processed that take your account into an overdraught. I always took it to read that "you've borrowed money without our prior consent, now we're going to hit you with a charge for it"