Thread: Funhat vs Natwest ***WON***

On the 19th I mailed in to my local branch the DPA request letter, today I received copies of my statements for the duration of around three years I was with the bank during my university days. After totalling everything up my complete total comes to [FONT=Verdana][SIZE=2][FONT=Calibri]£2166.19.

Tomorrow I will be sending in the first letter requesting my funds back. I know they are going to try and play hardball at this, but I work within the banking industry so I won't be taking any of it.

I'm willing to accept a 75% settlement from them, you may think it's daft not to push for the full amount, but I work long hours and finding the time to go to court would be a hassle.

So here we are, tomorrow is day the start of david vs goliath

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I sent the first lba on friday, they should have it by now. Hoping to get a standard letter soon

Hooray. I got the run of the mill fob off from the bank manager today.

In reply:

Account: xx-xx-xx xxxxxxxx
Dear Ms Buckley,


I thank you for your recent reply to my initial letter, although I do have to disagree with the points that you raise.


Firstly I, along with the OFT, feel your charges are excessive and do not represent the additional work required to administer an account. Your banking operations regarding issuing charges for exceeding an agreed overdraft limit, returning a direct debit/standing order, or to return a cheque would be an automatic process and your charges of up to £38 do not reflect this but indicate that the charges are there to drive revenue generation rather than the stated purpose of extra ‘administration’.



The OFT have been in contact with your organisation along side other financial institutions and have reported that your charges do not fall into line with their recommendations of which they recommend a maximum limit of £12. Obviously £38 is over three times this recommendation so I find it perplexing that your organisation can make these statements. Also, the OFT have stated that their recommendations do not apply solely to credit cards as you have incorrectly informed me, but all consumer contracts including bank accounts.


In light of this I make another request to you to refund £2087.82 in unlawful fee’s that you had debited from my account plus £78.37 in interest that was applied when your charges pushed me further below the threshold.


I will be generous and allow another 14 days to your organisation to provide me with full settlement. Should this time elapse then I regrettably will have no other option but to pursue my claim through the courts, in which on top of the above figures I would also be claiming court fee’s and also interest on top which currently is calculated at a rate of 8%.


Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act


I’m sure as a respectable organisation you would rather not this have to proceed legally.

The heat is on

If they want to settle before court i'll be fine with that, but i'd rather get as much out of them as possible now and going to court wouldn't phase me

Letter was signed for at my local branch yesterday, the clock's ticking..

The letter was signed for on the 22nd of May, obviously we've had a bank holiday in the way so should I include that in the 14 days or keep it to working days?

I've yet to receive a respone from them though. I sent the lba to my local branch manager so should I give her a call to see whats up or just go straight for MoneyClaim?

Also, to make things awkward I move house on the 30th. Is that going to cause a load of problems?

Originally Posted by Neo

They may not reply to the lba. Just go straight to moneyclaim.

Just use your new address but make sure you put your account number in the particulars of claim.

Make sure you send a letter to the bank asking them to change your address on their systems and make sure any corespondence goes to this new address.

Cheers i'll get that sorted out. I'm rather annoyed that for all the standard letters they have they didn't even bother to respond.

Time for court..

Finally got round to filing my claim through Moneyclaim today, after moving house I thought i'd lost all of my document and it took me a while to find them.

Lets wait and see

evenin still learning, please excuse me, do you have to send the letter requesting staements to my branch, or the data protection office in london?

It shouldn't make any difference really

thanks , first thing in the morning tis in the post

After a period of absence and that i'd totally forgot about things until the BBC program last night, I decided to start the ball rolling again. The claim i'd filed was wrong as i'd messed up on the interest, so I cancelled it, so I thought i'd send them a stern letter with a short deadline to bring things back into the limelight:

Dear Mr Higley,


I write to you in reference to previous correspondence relating to the unlawful charges applied to my account throughout its duration since August 2004. As you will be aware the BBC ran a documentary on the 12th of December regarding bank charges drawing attention in particular to a former senior executive of your institution that collaborated with two banking experts that agreed upon charges of a maximum of £4.50 for a returned cheque and £2.50 for exceeding an agreed overdraft or returning a direct debit.


This is obviously contradicts previous correspondence I have received from your organisation.


I have calculated that since August 2004 your organisation has debited me with £2166.19 in charges inclusive of interest.


In light of the recent media coverage on the BBC, I now demand one of the following within the next seven working days. I either expect a breakdown of the actual costs incurred to your organisation as a result of each incident where I triggered a charge on my account, or I expect a full refund of these charges. Should I not receive the latter then I shall commence county court action at additional expensive to Natwest Bank PLC including legal fees and interest charged at 8% from the date of the first charge.



If the matter should go as far as County Court action then I will be in contact with my local newspaper who are keen to run an article on this situation.


I will not accept a partial offer of settlement. The Money Program featured an interview with the Financial Ombudsman who stated that if banks continue to offer partial settlements then they will investigate. If I receive such offer I will also forward a complaint to the Financial Ombudsman promptly.

I look forward to your reply within the next seven days.
Kind regards,


Funhat

This was sent recorded delivery to Mr Higley this afternoon, I will follow it up with a telephone call on Friday.

excellent letter, i mean how much does it cost them to mess every body about, surely the would save them selves a lot of dosh by just paying up to those who apply, if they paid out to me i would shut up about this issue, the longer they mess me about the more people i tell ,

I thought i'd lay things out as to leave no room for uncertainty or a standard fob off letter.

evenin, just a quickie, what stage are you actually at?

Originally Posted by matt keen

evenin, just a quickie, what stage are you actually at?

Post lba, pre Moneyclaim