I made a phone call to FOS yesterday and explained my situation and the reply I had from Natwest. They explained they were no longer in a position to get my charges back until after the test case but they would be sending some forms out for me to fill in and they would look at it to see if they could help in any other way, like getting my rent paid? I am not sure how this is going to work?

Hi Hammy I am also trying to claim back charges under Financial Hardship and I sent them a letter stating this (posted below) I was even prepared to settle for 2 thousand pounds less but they dont want know. I got the standard reply back today "OFT case, take it to FOS or Court but we'll stop it anyway!!" I am now scratching my head as what to do next? Regards Dear Sir or Madam, Re. Account number: XXXXXXXX/ XX-XX-XX I refer to default charges applied to my account amounting to £XXXX.XX., which I have requested you pay back. I wrote to you on 16th July 2007, making the original request for a payment in settlement of my claim and I have not heard from you. I am aware of the OFT ruling and I am writing to you again under the hardship waiver. I am a single unemployed parent and the only incomes I receive are benefits, Child Tax Credit and Income support. I am a full time carer for my two disabled children and I also receive Carer’s Allowance and Disability Living Allowance on their behalf. The charges you applied to my account came out of these benefits and my children’s DLA allowance which was paid into my account on their behalf .I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court. This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and the Social Security Administration Act 1992, which says banks must not take charges from benefits as this money is needed for a person to live on. Therefore I believe the County Court will rule in my favor. I have attached a full schedule of the charges and interest with this document. Without prejudice The charges and interest I have claimed above total £X,XXX.XX. However, if you are prepared to pay to me £X,XXX.XX within 14 days of the date of this letter, I am prepared to accept this lower figure in full and final settlement of my claim and interest as I am suffering severe financial hardship. I look forward for a full response to this letter within 14 days; otherwise I will commence court proceedings to reclaim my money.

Sorry I don't think so, my case went right to the wire and they wanted the Notice of Discontinuance. It looks like your going to have to wait a few more days I know it is frustrating but you still won Regards, Lisa

Cobbetts AKA NatWest's solicitors. The phone number is: 0845 404 2404

Hi.. I had the same problem last week, when i went to draw the funds out of my Natwest account they informed me i could not have it as Telford wanted to clear my debt (they had already taken this off the balance) and would send me another cheque for the remainder in 10 days! I asked the branch to put me through on the phone to Telford who dug their heels in more and told me there was nothing i could do, the new cheque would be with me in 10 days! I told them then to shove their settlement, and stormed out of the branch! I returned home and phoned Cobbetts who seemed more upset than I that this had happened. She told me Natwest would call me soon, I got a telephone call from Head office a few hours later saying sorry and i could go down to the branch again and my money was waiting and also to bring the uncleared cheque for the AQ fee as they would clear this straight away for me! Result! .. sometimes it's worth stamping your feet

I wondered if anyone could help, 7 years of statements arrived today after a 70 day wait and they are on Microfiche. I am having trouble spotting what is a charge? Is there an abbreviation for it as I cant spot any? I know I have been charged! Many Thanks

Hi all Well at long last my cheque arrived yesterday! "Woo I Won!" £5100 and was short of the AQ fee. After calling Cobbetts and informing them, they say they will send it out to me. It was also dated 12/01/07 then they changed it to 12/02/07! Grr The only thing though it says on the cheque I have to pay it into my NatWest account.. which I no longer wish to use so I am about to try and pay it into my other bank? On with my 2nd claim now for the remainder (I just hope I don't have to wait as long this time!)

Your very welcome.. I hope it helps Congratulations on your wedding.. Have fun! Regards, Lisa

Hi Rachel, I had the same kind of problem a few months back. I sent them this letter and they passed the debt back to Natwest very fast.. Heard nothing else since! Regards, Lisa Dear Sir/Madame, Account ref: ********/** I am writing to you following a telephone conversation on the **/**/2007 regarding the outstanding amount of £***.**. I informed your operator that the amount owing on this account is now in dispute due to the recent events that have come to light with bank charges. The amount outstanding is made up of unlawful charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.I believe that these charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss. Please be aware that this just does not relate to credit card companies but to any organisation that levies disproportionately high charges for late payment, overdrawn or returned payments. It concerns me that after informing your operator that the whole amount is in dispute you are refusing to freeze any action or pass this account back to your client National Westminster Bank. I will inform you now that the only form of communication I want from you must be done in writing and I will reply in writing. If you fail to adhere to my request then I will take it as an act of defiance and pursue this matter under the Administration of Justice Act 1970. I must make you aware that I believe you are already in breach of The Office of Fair Trading Code of Guidance in which it states: PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE This includes: Ignoring disputes about whether you owe the money Refusing to freeze action if you dispute the debt. It is also against OFT regulations for a debt collector to attempt to collect anything in dispute so they must refer the debt back to the original creditor or any further action halted. Just for your information I will not be making any payments to yourself until after the dispute is resolved. I hope to receive your full co-operation in this matter and I look forward to reading your written reply.

'Quite a while'.. tell me about it! My AQ deadline was 11/02/07 and I am still waiting for a court hearing date. Regards Lisa

This morning I received a reply from Intrum Justitia stating: 'In light of the information contained in your letter, I can confirm that the above account has been returned to National Westminster Bank and that you will receive no further telephone calls or correspondence from Intrum Justitia in relation to this account. I would like to thank you for bringing this matter to my attention.' "Yes!" .. Well it feels like a little win for me

Would this be ok to send? Dear Sir/Madame, Account ref: ********/** I am writing to you following a telephone conversation on the 21/02/2007 regarding the outstanding amount of £***.**. I informed your operator that the amount owing on this account is now in dispute due to the recent events that have come to light with bank charges. The amount outstanding is made up of unlawful charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.I believe that these charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss. Please be aware that this just does not relate to credit card companies but to any organisation that levies disproportionately high charges for late payment, overdrawn or returned payments. It concerns me that after informing your operator that the whole amount is in dispute you are refusing to freeze any action or pass this account back to your client National Westminster Bank. I will inform you now that the only form of communication I want from you must be done in writing and I will reply in writing. If you fail to adhere to my request then I will take it as an act of defiance and pursue this matter under the Administration of Justice Act 1970. I must make you aware that I believe you are already in breach of The Office of Fair Trading Code of Guidance in which it states: PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE This includes: Ignoring disputes about whether you owe the money Refusing to freeze action if you dispute the debt. It is also against OFT regulations for a debt collector to attempt to collect anything in dispute so they must refer the debt back to the original creditor or any further action halted. Just for your information I will not be making any payments to yourself until after the dispute is resolved. I hope to receive your full co-operation in this matter and I look forward to reading your written reply.

Is it true that It's against OFT regulations for a debt collector to attempt to collect anything in dispute so they must refer the debt back to the original creditor e.g. the bank? Is there a letter or something that I can send 'Intrum Justitia' and does that mean I also now have a Default on my record also? Im really losing sleep over this

Hi all.. I have just received a letter from 'Intrum Justitia' Credit Management Services, acting on behalf of NatWest. They inform me they are taking legal action against me or instructing a collection agent to recover the outstanding balance.. which is £500 made up of Natwest charges! I have just called them and informed them as I did Natwest that the account is in dispute right now. They were not very sympathetic and tried to get me to pay 25% of the debt now. They then informed me they will give me 28 days to clear the balance before taking legal action and I will be accumulating more charges! Is this normal and has anyone else had this problem? Claim Issued: 21.12.2006 Deemed Served: 26.12.2006 Defence Received: 09.01.2007 AQ Deadline: 11.02.2007

Well LBA ready to send tomorrow. If they do not compy fully within 14 days then I shall begin a claim against them for the full amount, plus interest, plus costs, without further notice. Hummpf

I have just had a telephone call from NatWest. I had sent this letter to the bank a few times over the last month: Dear Sir/Madam, I am writing in reply to your letters dated 18 September 2006 and 10 October 2006, informing me of your intention to file default and to take action to recover debt on my accounts. I am informing you that the above accounts are now in dispute that I intend to take legal action if necessary. I also advise you of your duty under Section 13.6 of the Banking Code not to default until the matter is resolved. Anyway this man just tellephoned me to say, “They would not be charging me anymore on the accounts,(except interest) but it would be in our best interests that this matter is resolved sooner rather than later and would I agree to a settlement?" At this point I informed him that the matter was being dealt with by a third party and I no longer wanted to continue with the conversation. I just wanted to know if this was normal and if anyone else had an offer of settlement via the telephone?? Regards, Lisa

Oh I did ditch it, a few months back when I started this.. and I found out I was being charged every month for it! (I still don't know what it was about?!)

Well here goes.. Preliminary letter sent to NatWest on 23/10/06 asking them to refund me £4999.99. The total my charges come to is £11,893, not including interest, however, after reading these forums I feel my claim should be kept below the £5000 in order to stay within the Small Claims Court. I think the best course of action is to claim for an initial amount of £4999.99 and then the remainder there after. I have sent a letter to my bank asking them to refund me this amount. I shall give them 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If they do not respond positively, within this time period I shall send them a Letter Before Action, giving them a further 14 days until legal action commences. Lisa

Thanks for your replies, yes this is what i have done and it still comes out at 11k.. my mother is going to kill me! As for the Gold account, no i got nothing from it except more charges i guess, I did not even realise i was being charged per month for having it!

Yes i think so? I was alwyas overdrawn at some point in the month. I also had an Advantage Gold Account and i think that fee is included in the charge?

No they took my overdraft off me years ago and made me take a loan, It just says 'charges £28' It was called 'Unarrgd Borrow Fee' before.

Well my statements finally arrived yesterday after a 52 day wait! I spent all day (and night) adding it to a spreadsheet and to my horror and feeling most embarrassed to say this, the figure i have is almost £11000! (If i add the 8% interest) I am still shaking my head at the figure this morning and just wanted to ask someone if i was right to add the charge you get at the end of each month but to take off the Advantage Gold Fee?

Thank You So Much

no as i was not sure if it was? Is it? Sorry for sounding stupid

Hi again.. Can anyone help as im not sure what to do? I have reicived another letter from Natwest today which says: 'We are disappointed to note that you have failed to make contact with us following the issue of Default/Termination notices to you. As this matter is now serious please telephone us immediately on the number quoted above with your proposals for repayment. Failure to do so will result in you being unable to operate your accounts. We will also have no alternative but to pass this matter to our recoveries department who will take action to recover the indebtedness outstanding.' Do i have to find a way to pay this? My only income is disability benifits for my two children and the arrears are their charges which get bigger each month. I also sent my SAR to them over forty days ago and then wrote to them again giving them another 7 days.. which was up today.. and nothing!? I am a big wimp and cant talk on telephones, if anyone has any advice i would greatly appreciate it.