Thanks for the reply, ok so:-
Two accounts savings and current with Natwest.
My case went all the way, I even got an offer of almost 2 thirds of my claim, but following the advice I pushed it and went all the way (now in hindsight I wish I had just taken it)
They were both stayed pending the appeal.
This is the letter dated 7 Jan 2010
We refer to your complaint relating to unarranged overdraft charges which was previously on hold under the
terms of the FSA Waiver. The Waiver has now lapsed and we are therefore writing to you to respond to your
complaint. We consider your complaint to have been about the level and, accordingly, the fairness or
lawfulness of these charges.
As you will be aware from when we last wrote to you, we (with several other banks) entered into agreed legal
proceedings with the Office of Fair Trading in relation to unarranged overdraft charges on 27 July 2007 to
gain clarity on this issue. Following the judgment of the Supreme Court on 25 November 2009, the test case
process is now complete.
In our view, the judgment of the Supreme Court means that the level of the unarranged overdraft charges you
have complained about cannot be assessed for fairness under the Unfair Terms in Consumer Contracts
Regulations 1999 or challenged under the common law penalty doctrine. We do not believe that there is any
other legal basis on which the level of these charges can be challenged.
We are satisfied that the charges you seek to reclaim were properly charged and the outcome of the legal
proceedings confirms our position. We are therefore not upholding your complaint and will not be refunding
the unarranged overdraft charges you have complained about.
We are happy to address any questions you have arising from this letter. You may find these answered by
our website at the following link http://www.natwest.com/overdraftchargesuodate. If your complaint does not relate
to the level and, accordingly, the fairness or lawfulness of these charges then please let us know by
contacting us selling out the details so we can consider this further.
If after this you remain dissatisfied, we will provide you with details of how to refer your complaint to the
Financial Ombudsman Service.
If we do not hear from you within 8 weeks of this letter we will regard your complaint as closed.
If you have any questions or wish to discuss any of the above with one of our members of staff, please call us
on 0845 3030 456. Lines are open 9.OOam - S.OOpm Monday to Friday or 9.OOam - 1 .OOpm Saturday.