Emma v Natwest

[emmaf01]

Right, I'd tried playing nice with these people and they have decided to not budge. I sent them a nice letter asking, in light that they took £38 from my benefits, could they refund it. They said no, the charge had been applied correctly.

 

So fine we'll do this the hard way- with a built in case for hard ship, if being on IS counts. As there is only one blinking charge, I don't mind. Straight to the prelim letter for me. Full speed ahead.

[**Tilly**]

Go sort them Emma whether it's one charge or 10 it is your money

 

 

 

 

 

 

 

Tilly

[emmaf01]

£38 - I bl**** need that back!

 

Plus I've definitely got hardship. I am thinking of putting that in my prelim- you know, the legal-ese equivalent of-

 

"and don't think this will go on hold when it goes to court, Natwest- as you know from my account our only income is benefits and so if this goes to court, we will be asking for the stay to be lifted due to hardship."

 

Just to make them fully aware of my intentions.

 

The only good thing about being on benefits is no fee at the court... you still have to pay for the bus fare though!

[yourbank]

If it went to court, it would get stayed regardless of anything. However, possibly ringing up as it was the first occasion and the circumstance might produce a different result.

[emmaf01]

I have written to the bank and today (as they can't locate my letter) I spoke to them on the phone.

 

As this is a genuine case of hardship, I don't see why the bank should not look at it.

[yourbank]

OK, where did you send the letter? If it was to the branch, they will forward it to the correct team.

[emmaf01]

I sent it to the branch who say they have forwarded to the customer centre who say they haven't got it. They forwarded me to the bank charges department who say they will not refund the charge.

[yourbank]

I think the branch have forwarded the letter to here

Customer Service Response Unit

The Cornerstone

60 South Gyle Crescent

Edinburgh

EH12 9WF

 

The number you have been given is Customer Relations Unit based in Hertfordshire......and if the branch had sent it internal post then it could be a couple of days until the CSRU receive the letter and therefore have to deal with it in the order it is received.

[emmaf01]

If they are the people I spoke to, I won't hold my breathe.

 

The number I rang was the bank charge unit, listed in the contact details on here. 08000154212

 

Any ideas on what to put in the prelim?

Edited August 20, 2008 by emmaf01
info

[emmaf01]

Sorry if I seemed a little short earlier, YB. I was still a bit wound up. I know you are only here to try and help!

 

I'll approach my prelim tomorrow(later today) child allowing.

[yourbank]

emma, no need to apologise because words can be read in so many ways. I understand frustration very well.

This is an internet forum with invisible faces and names. I am continually surprised how one man is a woman and another woman is a man and that is just from a username. I dare not guess anymore cos I either cut off or add things that only a professional surgeon should do;)

[emmaf01]

Well I'll just do the prelim over the weekend.

 

YB, do you think it is worth putting in about the hardship involved?

 

I want to give Natwest every possible opportunity to reverse this with out me taking it all the way. Not that I won't if I have to.

[yourbank]

Well, the obvious really, its a first offence and the bank is being very rigid in the application of its own policy. Surely as a new customer they would have looked at either giving a one off Gesture of Goodwill refund or offered half. But hey ho, if they want the additional expenses of it all, then I guess they want to pay more than £38 to settle it.

[emmaf01]

And you are vehemently pro-bank?

 

I'd hate to be on your wrong side, YB!

 

I'll work out the prelim with a big note so they know that there is hardship involved, so they can't say they weren't informed, as per the FOS guidelines.

[emmaf01]

Well before I've had a chance to send them a prelim, Natwest have sent me a letter- and what a letter it is.

 

They have acknowledged receipt of my complaint (I wish my scanner was working), because its about bank charges, blah blah, test case blah blah.

 

"In accordance with our agreement ith the FSA we are obliged to review accounts to establish if customer may be experiencing difficulty meeting their financial commitments.

 

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 up 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 assist you to 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 facility 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/Maestro 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

 

Please note that a recognition of financial hardship does not necessarily indicate that a refund of charges will be made. Our hardship policy aims to help our customer avoid further debt and so assist them in recovering from hardship. "

 

What a loud of horse manure for the (possible) return of my one and only ever £38 returned direct debit charge on a Step Account.

 

Does this mean they will take away my debit card? And for this I need to provide four pages of detailed financial information, which actually I would rather not give them.

 

I am not in debt to them at all. So why they need to know everything- they can see the only income we have is benefits. Do I need to include my husband's info too? (It's only Carers Allowance, but he doesn't have a bank account at present so its paid into my account.)

 

I don't know what to do.

[yourbank]

I think its specifically your information if the account is in your name alone. NatWest do have a number of options on current account not available to everyone, ie a very very basic basic account with No Direct Debits allowed or cheque book overdraft or even branch services and a cashcard. I doubt your circumstances would fall within this remit.

[emmaf01]

I really hope so, YB, because without the Solo card, I would need to got to another bank with a debit card- we have an area with few cash machines, so cash back is vital.

 

I know its a mad thing to get wound up over, but experience has made me wary of giving banks too much information.

 

If you think it is kosher though, YB, I'll do it. I just worry that it will bite me on the backside at some point.

[yourbank]

I think they are doing it because of the FSA Waiver on bank charges. That means that they are trying to make sure that they are following their statutory duty in cases of Hardship. I suspect everyone claiming charges back may well be getting this form.

[emmaf01]

I don't doubt it- I just think that suggesting that after they have this form you may get your cards and cheque book taken off you and be forced into a very very basic account.

 

I know I'm cynical, but I think that letter may just stop some people from going any further with their charge claim!

[yourbank]

IF they do that then they will see what getting in my bad books really means, pmsl.

Never give up until you win.

[emmaf01]

I'm a fighter- I just don't see why they want to know my full list of assets, liabilities and an explanation of why I can no longer meet my commitments.

 

I'll do it- but I'm not happy because I owe them no debt whatsoever.

[Mistermind]

deleted.

Edited September 4, 2008 by Mistermind

[yourbank]

I would suggest if you were going to do something, then never post it before you do it on a publicly accessable forum.

The article I have already made comment on in the "media articles" on the forum. It's nothing new to the debate on the OFT test case as they have said more or less the same in their Q&A bit on the same topic.

[emmaf01]

Don't worry, YB- I'm not doing anything yet.

 

I believe in the process. If Natwest wish to add this into the process, my overall view will be to go along, fill in their expenditure form and show hardship. Doing that is following all the available guidelines. We see what happens next from Natwest. It is their turn, within reasonable time limits (14 days should suffice).

 

The funniest thing about all of this is I wouldn't have gone overdrawn if I hadn't mixed up the fact that my old account (at HSBC) had a £10 buffer. I checked my account, saw I was under £10 and the direct debit was showing as paid. The next day the account was back well in the black.

 

Two weeks later I check my account to find the direct debit had gone through (again I thought), putting my account over £10 overdrawn. I looked back to find that the first time it hadn't gone through, it had been bounced after I'd looked and instead the £38 put through.

 

Funnily enough, the second time it went through- even though it put me twice as overdrawn as it would have if they had left it the first time- but no charge!

 

The next day, I got the letter informing me of the DD bouncing and the £38 charge. Banks are weird.

[MARTIN3030]

£38 - I bl**** need that back!

 

Plus I've definitely got hardship. I am thinking of putting that in my prelim- you know, the legal-ese equivalent of-

 

"and don't think this will go on hold when it goes to court, NatWest- as you know from my account our only income is benefits and so if this goes to court, we will be asking for the stay to be lifted due to hardship."

 

Just to make them fully aware of my intentions.

 

The only good thing about being on benefits is no fee at the court... you still have to pay for the bus fare though!

 

 

 

Keep the tickets Emma and add it to your costs.