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I just need some advice priot to attempting to recover hugely excessive charges from HSBC and Natwest - relating to current accounts I held with them.
On each account I used cheque books with my guarantee card to encash cheques (fully in the knowledge that I had insufficient funds and was already exceeding my overdraft). We're talking between 10 and 20 cheques (£100 each) on each account over a very short period of time.
Obviously I defaulted on the accounts, and am now making payments through the bank's own debt collection agencies.
My behaviour on the accounts resulted in dozens of "card misuse", "unpaid item", returned direct debit fees on each account as one would expect.
QUESTION: Am I still entitled to pursue refund of these charges despite the fact that I was fully aware that I had insufficient funds (yes I have read the FAQs) but I am really worried that the bank's can effectively turn around in their defence and say that the excessive abuse of my card/cheques amounts to Fraud or even obtaining pecuniary advantage by deception?!?
I know this sounds stupid - but I WAS really stupid - will this jeopardize/weaken my case for compensation?
Appreciate your advice - great forum - good to know you're not alone!
Cheers for that Cheddar - I've sent DPA letters to HSBC and Natwest pertaining to all my accounts going back 6 years (including the 2 that are currently in collection), so I shall crack on with the preliminary letter as soon as I have calculated the totals (excess £1000 per account). Also claiming against Capital One - but that I am confident is cut and dry.. total breach of contract/unfair UTCCR's!
I'm actually in shell shock about it - I've always given the banks as good as I get from them, and disputed charges - but often simply left them 'cos I knew that I was taking the P?*S and accepted the £25 charges as par for the course... But this OFT report along with this forum just gives you a renewed vigour
It's almost not about the money (well of course it is), but rather about the satisfaction I will get knowing that for once the pressure and harrassment is flowing the other way!!!
V true, make 2 threads, one in Natwest and one in the HSBC forums and let us know how you get on. This is the best way to help people coming to the site, by seeing what experiences you are having can answer many peoples questions.
This isn't really about why it is about how to stop the banks stealing our money. Besides the reason some people may have used their card without knowing they had funds would have been to buy something they needed, baby milk, nappies, bread, medicine etc... but due to the fact they have been caught in a spiral of unlawful charges they had no money at the time. It is because of these ridiculous charges that some people who are living off £44 a week benefit have it wiped out by a £38 charge for going 1p overdrawn.
Not everything is black and white and asking questions like that won't get us anywhere.
You cannot comment on a persons situation without knowing the in's and out's and I wonder why you do?
trying to understand why, knowing that charges will be brought against the account, they would still continue doing it, would it not of been easier to talk, before acting?
Maybe you should conduct your own surveys with customers to get an understanding why. It would be very interesting.
As it goes this site is to help people with consumer issues rather than query them on their personal lives.
i work on the counter, so out of all the varying jobs in banking have the most contact with the general public, and the vast majority who speak to us, we do everything we can to help them, but the ones we can't help are the ones who don't ask for help.
now, maybe the bank was to blame for cashing those cheques, but the customer should also shoulder some of the blame aswell maybe?
I understand what you mean about those not asking for help but sadly a lot of those who ask for help don't get it. Evidence of this is strewn across this forum. But I'm not getting into a debate about 'blame' it would go on all morning!
I understand what you mean about those not asking for help but sadly a lot of those who ask for help don't get it. Evidence of this is strewn across this forum. But I'm not getting into a debate about 'blame' it would go on all morning!
very true, we are limited in what we can do, but believe it or not, most people who work for the banks are human, (the real howard brown is a robot!!!!!), and we do understand, most of us have been charged from time to time aswell, and understand what you are saying
appreciate both the justified criticism (howard) and the defence (cheddar)...
truth of the matter is, I abused my bank account and credit cards whilst at uni (7 or 8 years ago) without realising the ramifications at the time - v immature of me I know. Subsequently it spiralled out of control... I couldn't get credit because of my actions as a student (I defaulted my student overdraft twice and a credit card).
furthermore (as it helps to be honest in these forums) I developed a massive gambling addiction (hence the really stupid behaviour)... I don't excuse my actions, nor seek to absolve myself of responsibility.. But Howard I can tell you that when you walk into a bank and they repeatedly virtually laugh at your predicament of being unable to obtain credit (despite the fact that at the time I had NO debts, a solid career path as a military pilot and prospects), it generates HUGE frustration... "we can'toffer you any lending facilities at present Mr Cervantes because, well, errmm, despite the fact that you settled all your defaults from uni, you, errmm, well, don't have any debt"...."therefore your credit score is not just poor, it is Cak"... but thanks for coming in anyway...
Basically Howard, I knew exactly what I was doing (and yeah, I guess the addiction was massively to blame),but to be honest, I didn't care anyway.. I was treated like absolute detritus and that just served to fuel my wreckless behaviour.
Anyway, enough soap box.. you are right.. but does it change my legal position?
Aww hun, there's no need to justify yourself, the charges are still unlawful no matter WHY you did what you did. Get claiming, it was your money and it it still is!
Fraud or Reward?
and Natwest
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Re: Fraud or Reward?
Originally Posted by cheddar
