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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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Azazal23/ Natwest


Azazal23
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OK here we go, let me start by saying i applied for a student grant in Nov 04, i was informed by my local education authority(after many calls) that they had lost my application. As am sure you all know this contacined amongst other things, copy of passort, birth cert and my account details and copy of my signature. I informed the bank immediately and told them my infor,ation had become compromised. I requested my acocunt number be changed, but was told by the advisor on the end of the phone not to worry and inform them if anything unusual activity occured. Sure enough it did in Feb/March DD's where set up on my account for Ebay fees i informd them immediately and they cancelled them, and returned me my money.

 

At this time i was working away and unable to check my account all the time, over the next month or two more were set up and i went overdrawn, dispite writing over a dozen letters they have only just (Jan 06) acknowledged what i have been saying for the past 12 months they encouraged me to go to the police as they couldnt find the source/or who they were set up by. The police laughed and asked why it had taken so long for me to report this. They are now supposed to be investigating the source of the DD's but i have had no communication whith them what so ever. I am now just over £500 overdrawn all of this is charges. Can anyone please advise my next course of action as i am at my wits end,

 

Regards

 

Barry

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come with me to natwest...

you will need

A) empty glass milk bottles

B) petrol

C) some of grandmas hankies

D) the trusty zippo.

 

on a serious note, sorry, i wouldnt know what to sugest, it shouldnt be the polices job to clean up the bank, natwest had a fraud section surely?

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Yeah you would think, they said they couldnt even give me a crime ref as its so absurd (spelling) they couldnt understand why the bank had taken no action and waited so long

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Do you have a record of the talk with the gimp? date time name etc? Does the bank agree that you called them?

Have you something in writing form the LEA that they lost your details?

has the bank now acted and changed your details?

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As of yet the bank have not done anything including change my details, they have frozen my account becuase i refuse to pay the charges. I have a date when i spoke to the guy and the have never challanged weather the phone call was made, im stuck as to what to do next

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OK

write a precise chronology of the events in tabular form

 

Date event she said he said

dated event etc etc

date etc etc

 

Come back here.

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Oct/Nov 04 Applied for Grant

 

Jan 05

Was informed by (LEA – Local Educat Authority) my application

was lost, and I had to submit a new one, after enquiring about the length of time it was taking.

 

Jan 05

Rang Natwest Customer Services immediately and informed them my account information had been compromised, along with personal information such as copy of passport, birth cert etc.. Requested a change of account number and details. Was told not to worry and if I noticed anything unusual to report it immediately.

 

March/April

Direct debits set up on my account for Ebay 3 in total. By the time I had noticed them, they had already gone out of my account. Cancelled them immediately (have copies of receipts) and informed the teller of what had happened was told just to keep an eye on my account.

 

April 05

I changed all my DD’s and wages from my account to a Nationwide account, nothing left to come in or out of my account.

 

May 05

More DD’s set up 4 of them that’s 7 in total by the lots of charges applied, by the 17 May which is when I received a pre-default notice I was £372.29 OD all charges. Plus more money had been lost because some of the DD where paid when my account was in credit.

 

Wrote another letter again stating this had nothing to do with me and I needed immediate action to be taken to stop these DD being set up, and wanted an investigation as to how they where set up after me informing them that my account had been compromised some 5 months earlier. No reply.

 

June 05

Formal Notice of Intention to file default. I no longer had access to my account; cards were frozen as well as Internet bank.

 

Wrote another letter stating my demands for action to be taken, sent it recorded delivery.

 

As I was working away most of the summer, did not have much time to chase them around. But had no contact from anyone from Natwest.

 

Sept 05

Made phone call to customer services with regards to my account as I had received a statement telling me I was just over £500 OD all charges. Was told someone would get in touch….well by now you know the story..

 

Oct 05

Phoned again and demanded to speak to someone with a brain, and got a guy called Reece Weaver. He asked me to fax what information I had receipts etc..

 

Oct 05

Got the standard letter back saying sorry where crap and there looking into things

 

Oct 05

Received letter back saying, after looking into the matter they could not see how the bank was at fault as the original DD were cancelled and more were set up after that date so its down to me. They encouraged me to contact Ebay. This is after me informing him I had nothing to do with setting these up.

 

Oct 05

Sent another letter asking if he had understood anything I had outlined in my letters. Asking to see the DD mandates. No reply..

Nov 05 Got in contact with Customer Service Manager, faxed all information I had and re-iterated the situation

 

Nov 05

Letter back saying charges had applied were correct and I should contact Ebay, still not acknowledging my concerns in the slightest.

 

Was shattered, so gave myself Christmas off

 

Jan 06

Back to work, spoke to the customer lending centre on the 21, 24 and 31 Jan - finally getting somewhere (so I though) got a complaints log number and someone was going to get back to me.

 

Feb 1

Graham Walsh from customer care team contacted me, saying he would look into the matter and get back to me in 10 days.

 

Feb 7

Hurrah – finally some acknowledgement, he had investigated the matter on could not trace the original source of the DD, and encouraged me to go to the police and get a crime ref number so they could investigate more.

 

Feb 8

Went to the cops, who found this rather amusing, the fact that I was reporting a crime that was 12 months old. Could give me a crime ref number because of the length of time and the fact they had no real evidence to go on. But did give me a log number.

 

Feb 9

Contacted Graham Walsh again gave him the log number and he said ok, would now look into it and get back to me.

 

March 3

Still waiting, I am no longer willing to co operate with them just want all my money back and god will some compensation for the stress this has caused.

 

OK, so can anyone suggest the next cause of action

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I have to go off to the OFT and won't be able to get back to you maybe for a few days.

 

PM me if I haven't responded by Monday afternoon, please

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Oct/Nov 04 Applied for Grant

 

Jan 05

Was informed by (LEA – Local Educat Authority) my application

was lost, and I had to submit a new one, after enquiring about the length of time it was taking. any writing here?

 

Jan 05

Rang Natwest Customer Services immediately and informed them my account information had been compromised, along with personal information such as copy of passport, birth cert etc.. Requested a change of account number and details. Was told not to worry and if I noticed anything unusual to report it immediately. any writing here? name of operative? Number you called?

 

March/April

Direct debits set up on my account for Ebay 3 in total. By the time I had noticed them, they had already gone out of my account. Cancelled them immediately (have copies of receipts) and informed the teller of what had happened was told just to keep an eye on my account. any writing here? name/location of teller?

 

April 05

I changed all my DD’s and wages from my account to a Nationwide account, nothing left to come in or out of my account. Natwest ac still open?

 

May 05

More DD’s set up 4 of them that’s 7 in total by the lots of charges applied, by the 17 May which is when I received a pre-default notice I was £372.29 OD all charges. Plus more money had been lost because some of the DD where paid when my account was in credit. Total?

 

Wrote another letter again stating this had nothing to do with me and I needed immediate action to be taken to stop these DD being set up, and wanted an investigation as to how they where set up after me informing them that my account had been compromised some 5 months earlier. No reply. You say another letter - so what was the earlier one?

 

June 05

Formal Notice of Intention to file default. I no longer had access to my account; cards were frozen as well as Internet bank.

 

Wrote another letter stating my demands for action to be taken, sent it recorded delivery. date? What did you require?

 

As I was working away most of the summer, did not have much time to chase them around. But had no contact from anyone from Natwest.

 

Sept 05

Made phone call to customer services with regards to my account as I had received a statement telling me I was just over £500 OD all charges. Was told someone would get in touch….well by now you know the story..

 

Oct 05

Phoned again and demanded to speak to someone with a brain, and got a guy called Reece Weaver. He asked me to fax what information I had receipts etc.. where and what psotion does he occupy?

 

Oct 05

Got the standard letter back saying sorry where crap and there looking into things

 

Oct 05

Received letter back saying, after looking into the matter they could not see how the bank was at fault as the original DD were cancelled and more were set up after that date so its down to me. They encouraged me to contact Ebay. This is after me informing him I had nothing to do with setting these up.

 

Oct 05

Sent another letter asking if he had understood anything I had outlined in my letters. Asking to see the DD mandates. No reply..

Nov 05 Got in contact with Customer Service Manager, faxed all information I had and re-iterated the situation

 

Nov 05

Letter back saying charges had applied were correct and I should contact Ebay, still not acknowledging my concerns in the slightest.

 

Was shattered, so gave myself Christmas off

 

Jan 06

Back to work, spoke to the customer lending centre on the 21, 24 and 31 Jan - finally getting somewhere (so I though) got a complaints log number and someone was going to get back to me.

 

Feb 1

Graham Walsh from customer care team contacted me, saying he would look into the matter and get back to me in 10 days.

 

Feb 7

Hurrah – finally some acknowledgement, he had investigated the matter on could not trace the original source of the DD, and encouraged me to go to the police and get a crime ref number so they could investigate more.

 

Feb 8

Went to the cops, who found this rather amusing, the fact that I was reporting a crime that was 12 months old. Could give me a crime ref number because of the length of time and the fact they had no real evidence to go on. But did give me a log number.

 

Feb 9

Contacted Graham Walsh again gave him the log number and he said ok, would now look into it and get back to me.

 

March 3

Still waiting, I am no longer willing to co operate with them just want all my money back and god will some compensation for the stress this has caused.

 

OK, so can anyone suggest the next cause of action

 

 

Send A DPA request from the library modified to require discloure of ALL DATA relating to the use of your account since it was opened. Send it recorded to the people you have been dealing with so far - in other words send more than one copy for the avoidance of doubt.

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You need to get all of the notes of any conversaton which were had in relation to your account.

 

This is why you need compete disclosure not merely of statements

It is not only about charges.

You need to construct a case that the banks were in breach of contract or in breach of their duty of care towards you. As you don't appear to have informed them of the very srious matter in writing but did it verbally, you have a porblem with evidence.

Get a complete disclosure of your account and it might contain information which will help you.

 

Do that, and respond to my questions marked out in brown in my last post and we may try to go forward. It's up to you

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OK i see now, i did on serveral occasions express the seriousnes of it in writing, and i required acknowledgment of it in the reply. Until the letter in Feb 06 they never acknowledged that i had never set them up. Will get this done today and get back to you, thanks for the help.

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Jan 05

Was informed by (LEA – Local Educat Authority) my application

was lost, and I had to submit a new one, after enquiring about the length of time it was taking. any writing here?

 

Nothing in writing, as you could imagine they were reluctant to admit they had lost it.

 

Rang Natwest Customer Services immediately and informed them my account information had been compromised, along with personal information such as copy of passport, birth cert etc.. Requested a change of account number and details. Was told not to worry and if I noticed anything unusual to report it immediately. any writing here? name of operative? Number you called?

 

Again I did not get a name but it was the Student Card line 0870 333 9091

 

 

March/April

Direct debits set up on my account for Ebay 3 in total. By the time I had noticed them, they had already gone out of my account. Cancelled them immediately (have copies of receipts) and informed the teller of what had happened was told just to keep an eye on my account. any writing here? name/location of teller?

 

Yes i got the cancellation receipts, it would and does identify the memeber of staff who done the transaction, in teh Bootle branch Liverpool, also shows the date and time it was done

 

April 05

I changed all my DD’s and wages from my account to a Nationwide account, nothing left to come in or out of my account. Natwest ac still open?

 

My account was still open at this time, i have been infomed since it has not been defaulted but put on hold until an outomce is reached

 

May 05

More DD’s set up 4 of them that’s 7 in total by the lots of charges applied, by the 17 May which is when I received a pre-default notice I was £372.29 OD all charges. Plus more money had been lost because some of the DD where paid when my account was in credit. Total?

 

The last correspondance with my balance was on the 27/10/05 and it was £507.27 OD

 

Wrote another letter again stating this had nothing to do with me and I needed immediate action to be taken to stop these DD being set up, and wanted an investigation as to how they where set up after me informing them that my account had been compromised some 5 months earlier. No reply. You say another letter - so what was the earlier one?

 

I missed one out, in April i had worte an initial letter to me branch Liverpool University, outlineing my concerns. No reply

 

June 05

Formal Notice of Intention to file default. I no longer had access to my account; cards were frozen as well as Internet bank.

 

Wrote another letter stating my demands for action to be taken, sent it recorded delivery. date? What did you require?

 

8 June the day after the recieved the Default notice, i required that they investigate the unauthorised DD, i stated i had not set them up and had stated this in Jan over the phone and to the teller back in April. I told them that their casual attitude was worrying me considering the seriousness of the situation and asked for a reply within 14 days

 

[/i][/b]

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I missed one out, in April i had worte an initial letter to me branch Liverpool University, outlineing my concerns. No reply

 

Have you got copies of this one and also of your other letters and anything from them in reply?

 

Any written acknowledment from the of the problem?

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Yes i have a copy of all letters sent, and replys - as for the ackknoledgement, is the letters i have been asking for a response with regards to my compaint. IN each of the reply s they have never acknowledged my concerns up until the letter i rec in Feb. So they cannot deny I had never expressed my concerns or never informed them of this situation becuase they responded to my letter but just choose to ignore my concerns

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What do you suggest my next move is then, as they are supposed to be investigating at the moment should i send a edited version of the 1st letter in the library, saying i require an answer within 14 days and also these charges have been illegally applied aswell.

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OK

I'm trying to turn my attention to your problem. Please excuse me as I am really quite sick and my brain is having difficulty working properly.

I am trying to get my train of thought going again.

 

You need to assemble all of the information which you can before proceeding. This means that you will need to send a DPA request to the bank asking for complate disclosure of all information realting to the conduct of your account with them including statements, screen notes and additional file notes and asny other information which is conected to your account to to you as a person.

Send this request off by Special delivery - several banks have been losing DPA requests.

 

You should also get a similar disclosure from the LEA. This means that you must send off a DPA request to them as well but modify it and add "Freedom of Information Act" a well so that the request is a DPA/FoIA request and that gives them 20 days, not 40 days to comply.

Say to them that you want all information relating to your application datedXXX to then and in particular relating to the lost documents which were sent to them on the XXXDATEXXX.

 

Also, can you assemble all of the correspondence which you have sent to or received from the bank about any of this. Make sure that it is in a good orgainsed form and when yo receive the FoIA data from the LEA and the DPA data from the bank, we'll try and make some sense of it all and see what is the best basis for attack.

 

I hope that it goes without saying now that you retain copies of everything you send or receive and notes of any conversation you have about this with names, dates etc etc.

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  • 2 weeks later...

Hi

 

Just to let you know, i sent the first request letter 10 days ago. They ve just got bakc to me this morning and agreed to reply all charges including interest bakc on my account. Just like to say many thanks for the help and advice.

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Just had a letter from Natwest customer support team today agreeing to reply all charges including interest, that was after just the initial letter...outstanding!!!

 

See the post

 

Unautherised Accoutn Activity & Charges Post

 

Thanks for all the help and support

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Thank God I've found this thread! I've not been as lucky as you so far, but maybe my time will come. Let's keep this thread somewhere near the top so we don't lose faith.

 

Well done.

- Zack -

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Well done...further justification for this group.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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