Nationwide want overdraft back that is entirely charges! HELP

[kryotnX]

Hi,

 

basically what has happened is, i began to claim back £300 worth of charges but the proceedings got "stayed" at court. Then a few months after that i changed jobs and my first months wages didnt go in on time! my wages were about a fortnight late so more charges have incurred.

 

I quickly set up an account with another bank and moved my salary into it so Nationwide couldnt get their mits on it. I telephoned Nationwide to try and get them to see sense but no joy, they just dont care.

 

the long and short of it is, i am getting automated messages telling me to pay immediatley sent to my home phone and i dont see why i should pay up what are only charges!

 

can anyone help me with what to do please

 

thanks in advance

 

Darren

[Caz1974]

Morning Darren:)

I've been down the exact same road with Natwest last year although this is a different Bank I assume the same rules apply.

I would send a letter pointing out that this account is in dispute and you will not aknowledge the amount of this debt until your court case is settled. There is a template letter for accounts in dispute in the library I'll have a hunt about for it.

Send it by recorded delivery and track when it is delivered and print it off for your records.

I would also stress that you see the ongoing telephone calls as harassment ( they are clearly aware that the account is in dispute because of your stayed court case ).

I was getting 10 + automated calls a day from Natwest and if you're with BT I can recommend a free service they offer called choose to refuse ( it's free for the first month and usually by this time the calls have stopped )

[Caz1974]

ACCOUNT NUMBER: XXXXXXX

 

Account in Dispute.

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

(write something along these lines and insert your own details )

 

Best of luck and keep at it:D

[Caz1974]

Click here: Harassment by telephone - Consumer Wiki

I would also post them one of these by recoreded delivery too:)

[42man]

Agree fully with Caz....also in the letter you should write in BIG LETTERS - PLEASE NOTE I AM ONLY PREPARED TO ACCEPT WRITTEN CORRESPONDENCE AND ANY PHONE CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH UNDER THE 1997 Protection From Harrassment Act and section 43 of the Telecommunications Act from 1984 (send it by recorded delivery)

[kryotnX]

Hi

 

Thanks alot for the replies, i feel a bit more empowered now!!

 

i only have one more question before i go and send letters. the charges that have taken my account into overdraft are not the same charges that i was claiming back previously! I was going to wait until the test case was resolved before claiming the new charges back too. does the fact that these are a completely different set of charges affect how i should deal with this?

 

thanks again for your help with this

 

Darren

[kryotnX]

anyone help?

[Caz1974]

Hi again Darren

I'm no expert but by the time my case was due to go to court for the Natwest there was also a new set of charges incurred. I was one of the lucky ones who settled out of court and before all the stays were placed on cases.

But I managed to claim all the other charges back seperately when I accepted their out of court offer. I inserted a paragraph stating it would only be accepted if the rest of the charges which had built up whilst the case was going through were paid with the settlement.

Hopefully someone will come along who knows more about these kind of things but fingers crossed for everyone with a stayed case against the bank let's hope when the stays are lifted it's going to be good news for everyone with a pending case:)

[kryotnX]

Hi

 

I sent the letter and got the standard "we appreciate the feedback" letter.

 

basically they said they would hold of on the calls but said they would start again if the debt was passed to another team.

 

they also said that they wouldnt hold off chasing the overdraft back (which is 100% made up from their charges).

 

anyone have any idea what i can do now? they seem to have just ignored the fact that my account is in dispute.

[Caz1974]

Hi Darren

One good thing is the telephone calls have stopped for a bit:)

From now on my best advice would be not to talk to them on the telephone and keep all your communications in writing.

I would write a complaint to the Financial Ombusdman outlining the fact that this account is clearly in dispute but the Bank are ignoring that fact and explain that what they are chasing is an overdraft made up solely of charges. I would also include in your complaint about the harrassment via the amount of telephone calls you've recieved.

I would also send photocopies of all letters sent and recieved as evidence to your complaint, ( here's their address if you fancy going down this route)

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR