Choco V Natwest - Latest Turn Of Events!!!

[choco]

Hi all

 

Get a load of this, I cant believe it!! You may have read in my other thread that NatWest didn't accept my offer this year to pay back £1 a month, and they was threatening legal action, well I wrote back quoting OFT guidelines section 2.8, which is that they cant do that whilst my account is in dispute. I also explained due to the OFT case my claim may take longer than ancticipated (someone kindly provided me with a template, it is in my other thread) well they have wrote back again STILL saying they wont accept my offer, and I must contact them within 7 days to discuss future payments on my accounts and the rest of the letter reads as follows:

 

We note that you wish to make a claim for a refund of bank charges. In order that we may consider this you will need To write to us lisitng the charges you are disputing. Should you require copy statements please advise us and we will order these for you.

 

Why the hell are they asking me to do this again? I put in my claim in March 2007, I am not going through this process again! I am SO angry right now

Can you guys please please advise on what to do now? Is it just me, I think they are really just taking the P*** out of me now. Who do they think they are? Do they think I did all that last year to just be told to do it again!

 

Mods help please

[woodwa5]

One suggestion could be to write to them and include the reference number from your other case so they can maary it up. Another classic case of either left hand/right hand or just plain taking the p***

[choco]

One suggestion could be to write to them and include the reference number from your other case so they can maary it up. Another classic case of either left hand/right hand or just plain taking the p***

 

Ok thanks

[choco]

Hi all

 

Get a load of this, I cant believe it!! You may have read in my other thread that NatWest didn't accept my offer this year to pay back £1 a month, and they was threatening legal action, well I wrote back quoting OFT guidelines section 2.8, which is that they cant do that whilst my account is in dispute. I also explained due to the OFT case my claim may take longer than ancticipated (someone kindly provided me with a template, it is in my other thread) well they have wrote back again STILL saying they wont accept my offer, and I must contact them within 7 days to discuss future payments on my accounts and the rest of the letter reads as follows:

 

We note that you wish to make a claim for a refund of bank charges. In order that we may consider this you will need To write to us lisitng the charges you are disputing. Should you require copy statements please advise us and we will order these for you.

 

Why the hell are they asking me to do this again? I put in my claim in March 2007, I am not going through this process again! I am SO angry right now

Can you guys please please advise on what to do now? Is it just me, I think they are really just taking the P*** out of me now. Who do they think they are? Do they think I did all that last year to just be told to do it again!

 

Mods help please

 

 

HELP!!

 

Any mods out there? Or anyone that's been in a similar situation, can you please advise me on what to write back to them and also to whom please? Can you also advise if this is breach of my initial claim or anything, I need help ASAP please!!

[citizenB]

I am just going to catch up on your other thread. BRB.

[citizenB]

Okey dokey, I have skimmed your other thread, correct me if I am wrong on any points.

 

This is a bank account, not credit card ?

 

You have put in a hardship claim and far from looking at the situation sensitively as advised they are being obstructive.

 

All I can suggest is resend the list you sent them originally. If there are any further additional charges tack them on to the end.

 

Send them a letter advising that this information has already been provided to them. You can put the dates this information was sent and I am assuming you have proof of receipt, include that information as well.

 

I wonder if it would be worth making this an OFFICIAL COMPLAINT. Head your letter with that.

 

I somehow dont think you are going to receive a swift response to this whatever route you go down.

 

I am not absolutely certain if there are any guidelines regarding hardship cases. I will ask a mod/site helper to have look at your thread to see if they can advise you further.

 

 

Okey dokey, I have asked a mod/site helper to look in on you. It might not be until later, as you know they are volunteers and there are few of them dealing with many queries.

[citizenB]

I am just putting some links here for you.

 

These are other CAGers also dealing with hardship claims. I am sure some of the answers to questions you may have will be on them.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/157307-hardship-rules-question.html?highlight=hardship+claims

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/164741-willmurr6-halifax.html?highlight=Hardship+Rules+Question

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/162898-have-you-hardship-case.html?highlight=Hardship+Rules+Question#post1782361

 

The last link has information should you wish to take this further say commence court proceedings. Hope this helps.

Edited November 4, 2008 by citizenB

[MARTIN3030]

If your claim is in litigation then its likely the paperwork will be with the Solicitors/legal team.

 

It may well be that the department that you wrote to (whilst they may be aware that you have raised a claim)

dont have the info,and therefore have requested it.

 

Hardship cases are not dealt with by the legal teams-its Customer services.

 

So send them a copy of your charges again.

 

Heres a letter to send off.Its only a rough example-feel free to add or delete anything.

 

 

Name Address etc

 

Account number sort code

 

Court claim number

 

My request for Hardship status.

 

Dear Sir/Madam (or name if there is one)

 

Thank you for your letter of..............in response to my communications with you of...............

 

As stated in my previous letters/phone calls of.............

a County Court claim for recovery of unlawful penalty charges was filed on..........and is currently in the Court system.

An account that is in dispute is subject to OFT guidelines on debt collection and as such, further or continued attempts to demand payments should be ceased pending resolution.

 

My request for consideration under the waiver agreement between yourselves and the OFT in September 2007, and extended in March 2008,is a valid one.

I enclose an income and expenditure sheet for your attention.

NatWest has a responsibility to look into my request, and deal speedily and sympathetically under the terms of the waiver.

As requested, I also enclose a copy of the scheduled charges previously supplied to Natwest.

 

Please be advised,should my request fail to invoke a positive response,I will seek guidance from the FOS.

 

I trust this information enclosed,will now allow my issues to be looked at,and I look forward to hearing of your proposals.

 

yours Sincerely/Faithfully

 

 

XXXXX

 

 

Enc;Financial means statement.

Copy of charges requiring refund.

 

 

 

Send to Whoever sent you the letter using their reference .

Recorded and keep a copy.

[choco]

If your claim is in litigation then its likely the paperwork will be with the Solicitors/legal team.

 

It may well be that the department that you wrote to (whilst they may be aware that you have raised a claim)

dont have the info,and therefore have requested it.

 

Hardship cases are not dealt with by the legal teams-its Customer services.

 

So send them a copy of your charges again.

 

Heres a letter to send off.Its only a rough example-feel free to add or delete anything.

 

 

Name Address etc

 

Account number sort code

 

Court claim number

 

My request for Hardship status.

 

Dear Sir/Madam (or name if there is one)

 

Thank you for your letter of..............in response to my communications with you of...............

 

As stated in my previous letters/phone calls of.............

a County Court claim for recovery of unlawful penalty charges was filed on..........and is currently in the Court system.

An account that is in dispute is subject to OFT guidelines on debt collection and as such, further or continued attempts to demand payments should be ceased pending resolution.

 

My request for consideration under the waiver agreement between yourselves and the OFT in September 2007, and extended in March 2008,is a valid one.

I enclose an income and expenditure sheet for your attention.

NatWest has a responsibility to look into my request, and deal speedily and sympathetically under the terms of the waiver.

As requested, I also enclose a copy of the scheduled charges previously supplied to Natwest.

 

Please be advised,should my request fail to invoke a positive response,I will seek guidance from the FOS.

 

I trust this information enclosed,will now allow my issues to be looked at,and I look forward to hearing of your proposals.

 

yours Sincerely/Faithfully

 

 

XXXXX

 

 

Enc;Financial means statement.

Copy of charges requiring refund.

 

 

 

Send to Whoever sent you the letter using their reference .

Recorded and keep a copy.

 

Thanks very much to everyone that read my pm's and looked at this and to the above.

Ok, just to clarify I sent two letters recently to Natwest, one was to claim hardship. the issue that has arisen is NOT with regards to this letter, it is regarding the second letter which was in response to their letter stating that they are no longer willing to accept £1 a month, to cover the costs of my overdraft. This was set up a year ago whilst I was under the impression my claim would be over and done with quick! Now this letter that I sent to them is in my thread choco v NatWest on pg 14 reply #271. So they then replied with the letter stating that not only are they STILL not going to accept my £1, but they also want to see a copy of my claim - again.

I hope this clarifies matters. SO I TAKE IT THE ADVISE IS GOING TO DIFFER SLIGHTLY???

Edited November 6, 2008 by choco

[choco]

Okey dokey, I have skimmed your other thread, correct me if I am wrong on any points.

 

This is a bank account, not credit card ?

 

You have put in a hardship claim and far from looking at the situation sensitively as advised they are being obstructive.

 

All I can suggest is resend the list you sent them originally. If there are any further additional charges tack them on to the end.

 

Send them a letter advising that this information has already been provided to them. You can put the dates this information was sent and I am assuming you have proof of receipt, include that information as well.

 

I wonder if it would be worth making this an OFFICIAL COMPLAINT. Head your letter with that.

 

I somehow dont think you are going to receive a swift response to this whatever route you go down.

 

I am not absolutely certain if there are any guidelines regarding hardship cases. I will ask a mod/site helper to have look at your thread to see if they can advise you further.

 

 

Okey dokey, I have asked a mod/site helper to look in on you. It might not be until later, as you know they are volunteers and there are few of them dealing with many queries.

 

Hi

Thanks for looking.

 

Yes it is a bank account BUT read my last thread above, I actually sent two letters to Natwest; one for hardship and one regarding my re-payment plan.....

[citizenB]

choco, all I can advise is that you send a letter along the lines of template F in the following link.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162359

 

You can amend it if you wish to include the fact that you have a hardship claim lodged at Nat West (if you know the department/person dealing with that claim, then add that as well).

 

Enclose your I&E summary again. HTH

[choco]

choco, all I can advise is that you send a letter along the lines of template F in the following link.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162359

 

You can amend it if you wish to include the fact that you have a hardship claim lodged at Nat West (if you know the department/person dealing with that claim, then add that as well).

 

Enclose your I&E summary again. HTH

 

Hi thanks for that, I think in the first instance I'm gonna go with the letter that Martin posted, even though he wrote this thinking it was the hardship case that got denied; I think I can also send this type of letter to the lending operations dept (the ones who refused my re-payment offer), as it seems to cover all issues quite nicely.

 

So i'll go with this in the first instance and I'll re-post soon to let you guys know what's happening!

[choco]

If your claim is in litigation then its likely the paperwork will be with the Solicitors/legal team.

 

It may well be that the department that you wrote to (whilst they may be aware that you have raised a claim)

dont have the info,and therefore have requested it.

 

Hardship cases are not dealt with by the legal teams-its Customer services.

 

So send them a copy of your charges again.

 

Heres a letter to send off.Its only a rough example-feel free to add or delete anything.

 

 

Name Address etc

 

Account number sort code

 

Court claim number

 

My request for Hardship status.

 

Dear Sir/Madam (or name if there is one)

 

Thank you for your letter of..............in response to my communications with you of...............

 

As stated in my previous letters/phone calls of.............

a County Court claim for recovery of unlawful penalty charges was filed on..........and is currently in the Court system.

An account that is in dispute is subject to OFT guidelines on debt collection and as such, further or continued attempts to demand payments should be ceased pending resolution.

 

My request for consideration under the waiver agreement between yourselves and the OFT in September 2007, and extended in March 2008,is a valid one.

I enclose an income and expenditure sheet for your attention.

NatWest has a responsibility to look into my request, and deal speedily and sympathetically under the terms of the waiver.

As requested, I also enclose a copy of the scheduled charges previously supplied to Natwest.

 

Please be advised,should my request fail to invoke a positive response,I will seek guidance from the FOS.

 

I trust this information enclosed,will now allow my issues to be looked at,and I look forward to hearing of your proposals.

 

yours Sincerely/Faithfully

 

 

XXXXX

 

 

Enc;Financial means statement.

Copy of charges requiring refund.

 

 

 

Send to Whoever sent you the letter using their reference .

Recorded and keep a copy.

 

 

Hi Martin, I trust by now you've seen my responses above, so this letter is going to the lending operations, rather than the hardship department. I've added a little extra sentence in here, can you tell me if this is needed or not??

 

My request for consideration under the waiver agreement between yourselves and the OFT in September 2007, and extended in March 2008,is a valid one. I enclose an income and expenditure sheet for your attention. Natwest has a responsibility to look into my request, and deal speedily and sympathetically under the terms of the waiver. As requested, I also enclose a copy of the scheduled charges previously supplied to Natwest. Please also note that since the date that I submitted this claim, additional charges have accrued on the accounts; which I will be making an additional claim for.

[MARTIN3030]

Yes looks fine.....maybe,

Furthermore,all additional charges levied since filing my claim will be added.

 

 

Maybe additionally a few other words too which I have just thought of ;

 

 

 

I should also bring to your attention,that a number of financial institutions have had penalties imposed upon them by the FOS,where it has been apparant that adverse or coersive action, has been taken following customers disputing/complaining about their accounts.The revised banking codes in 2008 also specify such action should not be undertaken.

 

Therefore, I will not hesitate to file a complaint for compensation,should I be able to demonstrate that your actions, can be associated with my disputes with you.

Edited November 6, 2008 by MARTIN3030

[choco]

Yes looks fine.....maybe,

Furthermore,all additional charges levied since filing my claim will be added.

 

 

Maybe additionally a few other words too which I have just thought of ;

 

 

 

I should also bring to your attention,that a number of financial institutions have had penalties imposed upon them by the FOS,where it has been apparant that adverse or coersive action, has been taken following customers disputing/complaining about their accounts.The revised banking codes in 2008 also specify such action should not be undertaken.

 

Therefore, I will not hesitate to file a complaint for compensation,should I be able to demonstrate that your actions, can be associated with my disputes with you.

 

Yes I like!

 

I'll check my claim file for the correct info when I get home, then this letter will be ready to go tomorrow!

Thanks hun!

Edited November 6, 2008 by choco

[choco]

Hello

I got a response from natwest about my hardhip claim: they've denied to take my case further.

They havent said on what grounds or anything, is there any way I can contest this??

[yourbank]

I suspect that the grounds are likely to be one case in court. However, if the bank does try and sue for the other amount, be worth telling them that you will ask a judge to lift the stay in the other case as clearly the same issues are related. I think you will also apply for a stay in THEIR case if they tried to pursue it

[woodwa5]

Funny you should say that because I got the same response (ie don't believe I am in hardship). I challenge one person to read through my threads and agree with them. I am guessing this something to do with RBS being in the red!!!

[choco]

I suspect that the grounds are likely to be one case in court. However, if the bank does try and sue for the other amount, be worth telling them that you will ask a judge to lift the stay in the other case as clearly the same issues are related. I think you will also apply for a stay in THEIR case if they tried to pursue it

 

That's gotta be the best tit for tat tactic I've heard yet, thats IF I could do it, that is!.... lol

 

However I'm at a loss with what to do now though, do I just sit back and do nthing then???

[choco]

[/b]

 

That's gotta be the best tit for tat tactic I've heard yet, thats IF I could do it, that is!.... lol

 

However I'm at a loss with what to do now though, do I just sit back and do nthing then???

 

ANYONE???

[choco]

No reply on my last post and I now have an additional problem....

I have received letters from natwest headed terminated overdraft; this is applied to both of my accounts. The basic outline is that they know I have been in contact regarding paying back my debt, and they're sending the notice because obliged to do so! They are saying the full amount is now payable. Now, they haven't acknowledged my letter that I sent to the lendings department; although my hardship claim was denied (read above)

 

WHAT SHOULD I DO?!?!?

[MARTIN3030]

They can legitimately call in an overdraft,by giving the prescribed notices.

However,if this can be seen to be unjust action because you are claiming charges,then you should be reporting it to the FOS.

The ammendments in the last review of the banking code,were meant to prevent adverse actions being taken.

I really think you should now be contacting the FOS.

Call them 0845 081 1800,they will take a few details over the phone,and send out a complaints pack.

The FOS will also write to them giving them 7 days to respond to you.

Tell them about all 3 issues.

1.Their lack of action after you applied under hardship.

2.Their negative action following your complaints.

3.Their threats to force Court action,given that the account is in dispute.

 

Getting through to the FOS is very easy-there is just an initial menu option,but they answer very quickly.

Let us know what they say.

[choco]

They can legitimately call in an overdraft,by giving the prescribed notices.

However,if this can be seen to be unjust action because you are claiming charges,then you should be reporting it to the FOS.

The ammendments in the last review of the banking code,were meant to prevent adverse actions being taken.

I really think you should now be contacting the FOS.

Call them 0845 081 1800,they will take a few details over the phone,and send out a complaints pack.

The FOS will also write to them giving them 7 days to respond to you.

Tell them about all 3 issues.

1.Their lack of action after you applied under hardship.

2.Their negative action following your complaints.

3.Their threats to force Court action,given that the account is in dispute.

 

Getting through to the FOS is very easy-there is just an initial menu option,but they answer very quickly.

Let us know what they say.

 

Thanks a lot, I called the FOS, he's going to send me a complaints pack which I can issue after 8 weeks, cos they have to give them up to 8 weeks to respond. So i'll deal with all of this when I come back in the new year, Merry Christmas & Happy New Year everyone!!

[citizenB]

Sorry choco, I havent been around for a couple of days and just read your pm. Seems as though you are sorted now.. so have a good holiday.