Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am a Natwest customer and I'm contemplating whether to start the battle with Natwest. I feel like my case might be a bit silly because of my account situation and I'm wondering whether it would be worth going ahead or not. Maybe somebody could take a view on whether I should bother.
Do I have a case to make?
I have had this account for about 6 years or so and for the past 2 years my account has been floating within the agreed overdraft limit and has never actually been in credit during this time. Despite this there has always been activity on my account by way of regular credits and debits, etc. On the odd occassion I have gone above my agreed overdraft limit and incurred a charge which so far until now I have accepted on the basis, as Natwest put it "the onus was on me to manage my account properly". HOWEVER, in 2006 I was charged c.£350 by Natwest in penalty charges for returned DDs and going above my limit, etc. In one month alone I was charged £142! I found this truly absurd because my account was overdrawn and they were simply adding to that debt by applying their charges. I was naive to think they would alert me to the situation rather than continually charge me four times in one month. This I simply cannot accept and I would really like to try and get back these charges if I have a case.
In all honesty I would be happy just to get back the charges made to my account for this year alone. I'm not sure whether I want to go down the route of going back 6 years. Though I figure if I want to start the battle I might as well go the whole hog, right? I am also wondering whether the courts will look unfavourably on my case because I have been in my overdraft for awhile. I have always tried to maintain my account within the agreed terms but this year I have experienced some unforeseen difficulties which has landed me in this position with Natwest.
Do you want ALL charges back because whether you are good or bad with your finances you are entitled to them back. Courts are looking at whether the charges are a TRUE cost of returning the items not to whether you are good or bad with your finances
Thanks..... I thought that would be the case. I just need to keep reminding myself it's about the charges they are making and not why they are charging me. I am completely fine with A charge that is reasonable but the way Natwest does it seems so unreasonable.
Writing up my data request now to send off this week........
any - if you send it to branch, they will just pass it on anyway. Up to you! Even better though, if you can pass it to the branch in person and ask for a reciept.
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
Can I ask..... I am still waiting for my copy statements after sending my DPA letter off to them last week. Once I get my paperwork through (me being optimistic) do I need to continue with any future questions via this thread or can I start a new thread?
I'd like to change the title of my thread to now read Micheyboo Vs Natwest if that's possible, if those MODs are reading this, cheers!
Hello folks, battle has now just begun so wish me luck!!!
It is not surprising that my first letter requesting for my last 6 years statements has gone astray already! This despite the fact it was sent recorded delivery and signed for at the other end. It's a good thing I checked and gave them a call 2 weeks after sending it. This would explain why the £10 cheque I sent with it was not cashed either, which is good. Perhaps this is their new tactic and they are just losing letters from their customers so they don't have to deal with them. I mean you can argue with them till your blue in the face that they have it but if they don't have it on the system what can you do?
Before anybody asks, I sent my request direct to Customer Relations in Borehamwood as advised by a Natwest employee here on this site. Upon calling customer relations about my letter they advised me that I was advised incorrectly and I should have sent my request direct to branch - now is this right? I am sure the Natwest employee who kindly advised me here was not providing the wrong info. This looks like yet another ploy from Natwest to delay things further I think.
Anyway, another letter is winging it's way to my branch manager tomorrow!!
It shouldn't matter where your letter goes to as long as it is to one of their registered offices. from what i have seen and experienced they do all seem to go to Borehamwood so it is odd that your branch is looking at the, However i have taken that route now and am getting some very positive vibes from my branch manager! Good luck and please keep us informed!
When I first started with my claim last month to get my £862 back since Jan 2002, I didn't know that you had to send £10 for backdated copies of bank statements.
The statements just came through the post anyway shortly after I sent my first claim letter without even asking for them (they only sent me ones dated back to Oct 2002 though ).
Strange, seeing as I already have all statements going back to 1994
Two points- if it is recorded delivery and is a SAR 40 days are ticking on the information being received by you so no need for further chasing up via branch manager.
wheresmewallet- I know the answer to the statements from October 5th 2002. Won't hijack thread by answering as I have answered it on numerous threads before
I am sending another letter with copy of my original letter next week. However, are you saying that the 40 day deadline still applies but from the date of my original letter and not the new one. I mean Borehamwood did sign for my original letter so they did receive it, though they have misplaced it.
I am stating in my new letter "I therefore, send my request again though the original deadline for my request is still 40 days from the date of my original letter as per the Subject access request guidelines".
Also I am asking them to deduct £10 direct from my account if there is a charge but will they do this or do I still need to send a separate cheque?
Not sure what to do in these circumstances as I haven't come across a thread where Natwest has missed the 40 day deadline even after a DPA letter has been sent. I have been liaising with somebody in their Customer Care Team and have been assured my statements are being collated and it is being processed and I should have it soon. I will give them to the end of this week to check if I get anything.
However, what if by next week I do not get anything......... what do I do in this instance?
Sorry for starting a new thread on this, but I tried to ask this question on a previous thread I had started but haven't had anybody respond to it.........
I've written my S.A.R. letter and the 40 day deadline has past. I knew it would happen as original letter was sent on the 27 July 2006 and upon sending a 2nd letter to my branch on the 15th August 2006, I was advised that they only started actioning my request on the 31st August. Appalling I know and I am still waiting. I thought I'd give them till next Monday 18th before taking action. If I haven't received my statements by then, what should I do? They did not deduct any monies on my account or cashed a cheque I sent through for the fee either. Should I just continue to chase via my Customer Care contact?
Well your not on your own here - the 40 day period is up for me on Saturday 16 and as yet not the slightest hint that there may be anything sent. They have not cashed cheque etc.
Like you I have chased but still nothing.
Apparently you can go to the next stage (and report them for non-compliance) and give an estimate of the charges taken.
Don't know if that helps but I think it is what I am going to do.
Well the deadline has past and I have complained to Natwest. They are acting really dodgy in my books. I enquired after my statements about a couple of weeks ago on the 4th Sept, only to be told that my request was not processed until 31st August, some one month after my original SAR. I decided to wait as they assured me that they would looking into it. I have called today, my 2nd call this week, and I have now been told that they actually sent me my statements out to me on the 4th Sept, which I find rather odd as this is the date I called previously. On that that day they were still processing my request as far as they were concerned. My statements were posted apparently on the 4th Sept but I never got them, which I told them. So today they have made a new request for my statements and have requested they are sent direct to Customer Care dept and then to me just so they can keep track of them etc, etc.....
I'm beginning to wonder whether I should wait or whether I should go ahead with a DPA Non-Compliance proceeding. I am also suspicious that they are applying delaying tactics and deliberately not processing my statements. It is frustrating as if I start non-compliance I will have to go through that proceeding and wait even more! I will just be on their case every week from now on with regards to my statements but if you have any views on this I would really be interested to hear them.
Micheyboo vs NatWest ** WON **
customer and I'm contemplating whether to start the battle with Natwest. I feel like my case might be a bit silly because of my account situation and I'm wondering whether it would be worth going ahead or not. Maybe somebody could take a view on whether I should bother.
Reply With Quote
). 
as if I start non-compliance I will have to go through that proceeding and wait even more! I will just be on their case every week from now on with regards to my statements but if you have any views on this I would really be interested to hear them.