Financial Ombudsman

[trollstar]

seems i've gone a totally different route to most? have i gone horribly wrong?

i contacted the Financial Ombudsman (totally unaware of the 'test case!!!) on the recommendation of StudioCards of all people after a call from their debt dept for £65 i owe them.

i explained i've been in and out of hospital and until a few weeks ago (surgury) was on class B painkillers and mostly 'away with the fairys' nice lady gave me the number

i called the Ombudsman who took all my details and has sent a letter to Nationwide because ALL the income into my account is benifits (income support, Carers, child benifit and my sons DLA), the Ombudsman STATED that Nationwide is NOT allowed to take means tested state benifits money to pay UNLAWFULL bank charges....

what chance do i have of getting my money back via the Ombudsman?

should i have asked the bank first? (knowing they'd stall) they have once refunded £120 of £300 but that was a year ago

has anyone else had experience of this?

[trollstar]

more update

went to the Benifits office today, seems even they are unclear as to what is and is not allowed

sadly the letter does NOT state that in righting but in the part filled form has writen 'financial hardship- breech of banking code- banks fail to assist or limit chasrges applied- customer has been on benifits as a carer for 15 years and is being hit by bounced DD's'

cover letter says

' i have written to Nationwide to let them know you have a complaint. Nationwide should now contact you for details of the complaint, if they do not already have them.if you do not hear from them within a few days after recieving this letter, you may wish to contact them mentioning we have already written to them. they should issue a final responce in writing within 8 weeks of the date they recieve the complaint'

ok...so i am confused yet again!!!

this implys its up to them to find out why i'm upset?

feeling defeated at the moment, Nationwide took another £120 in charges today so my account is again at minus £85

rather bizzarely (i think??) they removed 1 charge of £30 there and then!! but only after i stated my income support would be paid by giro not to them as of next tuesday till i can get another account and handed them a pile of letters of first right of appropriation to cover my sons disability payments and my child benifit(interview with Barclays on weds cos they are the ONLY bank seems to offer the tiny buffer i need on a basic account which is all anyone will give me)

so ALL of my £80 Carer will go to them monday cos i didnt get that first right of appropriation letter in on time.

am going to start the 'process' now

will apply for 6 years as 'data protection' will write direct to Nationwide claiming hardship, will remove ALL DDs and payments from the Nationwide account

so? i do all i can then wait? 8 weeks?

right now i just want to....SCREAM!!!!!

[trollstar]

in the FOS letter it implys its up to Nationwide to contact me? is this correct? or am i better off writing to them? i did try to talk to the staff at my local brance who as i said instantly took a £30 charge off (i thought this was well bizzare)

[dingwalldemon]

The reason they knocked of 30 quid is because the give you ONE! 'Goodwill gesture' (yeah right!) per year. I would def write to the Nationwide explaining you have contacted the ombudsman and that it is benifits they are taking from your account. I believe the ombudsman require you to attempt to regain the money back yourself in the first instance before they will take your case on. Unfortunatley it is a slow process which will not help your immediate problem however i would contact your branch again and force your issues upon them in a polite manner. Sometimes you might find a manager on a good day!

Good luck and regards.

[trollstar]

The reason they knocked of 30 quid is because the give you ONE! 'Goodwill gesture' (yeah right!) per year.

 

hi there and thankyou dingwalldemon

my confusion was that i was under the impression that Nationwide did NOT have the power at branch level to make refunds and certainly not so 'instantly' (i'll have to look up the relevant posts on that) and i've already had £120 of £300 returned earlier this year, omg i SO need a printer grrrr will be composing first letter to nationwide over the weekend, and another to others who have also charged anything from £10 to £30 'fee' grrrr initially they will be informed that i am behind with them because of Nationwide taking MY money and that they can chose to remove ALL 'fees' (incured by me not having ££ to pay them due to it being taken by NW) and allow me to continue to pay them what i actually owe them or they will be next grrrrrrrr

[trollstar]

ok further update (still talkin to myself?)

just recieved a letter from Nationwide acknowledging the FOS complaint letter, NW state their 8 weeks exspires 17 jan 08

in the mean time they ask that i fill in a ' income and expenditure form'

i'll assume this is standard? and i should fill it out? and enclose a covering letter stating my case?

should i still get SAR? see other thread, all i've done so far is call FOS

anything else?

p s to MOD's if i reposted this too many times, please delete those incorrectly placed

[jansus]

Hi

 

i think you only need the SAR if you dont know the amount you are claiming . If you have the statements then you can use these.

 

Yes you will need to complete the income and expenditure form - but suggest you send a letter back stating clearly you want your case considered on a hardship basis .

 

If they do not think you are a hardship case then you want a reply in writing why they will not consider your claim on this basis and a full explanation of the criteria they have used.

 

Suggest you look at simons story in Abbey - and annoyed from caerphilly in A&L ( should be in successes)

 

jan