Katiekats vs Natwest

[katiekats]

Early days yet, got my S.A.R - (Subject Access Request) late last year as had every intention of doing it straight away but it was all a bit too much to take in so I have got all up to date statements and sent prelim letter today asking for the last six years of charges which is just under £3000. Took me a while to put them all onto spreadsheet but found it really easy to use and much simpler process than I thought. I know this is not going to be an easy one from the previous threads I have read but I feel much better now I have took the first step.

 

Capstone - Prelim letter sent 12/05/2008

 

BANKOFSCOTLANDCREDITCARD - Prelim letter sent 13/05/2008

Edited May 20, 2008 by katiekats

[steven4064]

Hi katiekats

 

Welcome to the NatWeesy forum. Keep us posted - there'll always be someone here to help.

[katiekats]

received letter this morning from them stating that they beleive the charges to be fair, transparent and lawful in the next paragragh they go on to say that they are involved in legal proceedings which they beleive will resolve the fairness and legality of bank charges...hmmm

LBA is due to be sent on 3/6/08 so will get that ready for sending, I pressume I am not going to get any reply from them now and my case will probably be stayed but at least it will be there.

 

For anyone browsing, if I get any charges in the future what is the best course of action?

[steven4064]

Hi KK

 

The letter from NW is exactly the same as everyone else gets. Send your LBA when you said you would. Yes your claim will be stayed.

 

For future charges, make sure you keep your statements and then start a new claim later. Having said that, any charges since your prelim can be included in the LBA and, any after, in your court claim. It's only after that that you need to keep them for another claim.

[katiekats]

Thanks for that Steven, didn't know I could add to it further.

Another piece of advice from anyone if possible, I have sent my LBA including the hardship paragraph, I can prove this easily with my outgoings my concern is what they have wrote at the bottom of the letter, can they actually still close these accounts, I was under the impression that they were now not allowed to, when they pay (positive thinking) there will be no debt, there will be a credit to myself. I would rather not open a new bank account move direct debits etc, so if there is anything I can write in reply to their threat and send it back with the financial statement that would be a great help

 

09/06/2008

 

Dear XXXXX

We acknowledge receipt of your complaint about bank charges. We believe that your complaint concerns the level, fairness or lawfulness of the charges.

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, the bank (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to personal current account charges which will resolve the legal issues regarding the fairness and legality of your bank charges. This has become known as "the test case".

Until the determination of the legal issues in the test case, we have asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

However, we note that you have also indicated that you consider yourself to be in a position of financial hardship. In order for us to understand and review the full extent of your financial position, please complete, sign and return the attached "Customer Financial Statement Form" together with an explanation of the circumstances leading to your inability to meet your commitments.

Following the receipt of a signed and completed form, we will review your overall financial position. If we determine that your case can be considered as financial hardship we will take it forward in line with our Hardship policy. This aims to help you avoid further debt and to assist you recover from your hardship. In doing so we will review your existing banking facilities which may involve:-

• Opening a new account or changing your account to a type with no lending facilities attached

• Cancellation of non-essential Direct Debits and Standing Orders on your account - essential

Direct Debits and Standing Orders can be reset up on the new account if necessary (eg

mortgage, rent, council tax, utility bills etc)

• Return and cancellation of cheque guarantee cards/Switch cards - a Cash card can be issued on

the new account

• Return and cancellation of cheque books

• Income to be diverted to any new accounts opened

• A mutually agreed monthly sum would be set up on a standing order from the new account to any

debt on the existing account.

[katiekats]

Can anyone help me on this? Still not filled in the form and unsure whether I have an argument why they should keep my account the same

[katiekats]

Opened new account today going after Natwest via Hardship route..they can take my debit cards as I have now moved all wages into another acoount. Lets see how this goes then..easy to let things slip