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Natwest threatening default for fee reclaim


littletinypieces
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Hi all,

 

I am fairly new on here so hopefully I have posted in the right place...

 

I started a claim to Natwest on the 06/01/09 for £3235 (inc. fees) and I believe I am in financial hardship in accordance with the FSA Waiver.

 

I recieved a response today which is a Formal notice of intention to file a default and to take action to recover the debt which relates to my £2000 overdraft. They have also included a statement showing that £65 of interest has been added to my account with no explanation and they are closing my account.

 

I have already opened a current account with another bank and I understand that this is a common tactic of Natwest but I was wondering if someone could advise me of what to do next? They have not acknowledged my claim and I am prepared to continue the process but I don't know what letter to send them now? Do I need to prove my financial hardship?

 

Thanks in advance.

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I believe this to be a breach of the banking code. Banks were warned to stop doing this a long time ago.

 

I've often wondered why the banks pick a few people to do this too. I initiated a claim with Natwest while having an large overdraft on my account and all i got was their standard letter explaining the test case and so on.

23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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At this moment in time I should prepare your Letter Before Action aka LBA ready to send off soon, the banks tend to do these things not so much retaliatory but different sections of the bank not talking to each other. I would phone them up and tell them what your intentions are, that might stop them in their tracks if not get their back up.

 

As for hardship here is the link to the letter:

 

Letter Of Hardship

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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yes this is correct, probably best to drop them a line to let them know your intentions and if for some bizarre reason they do default you can get it removed as part of your conditions when they make an offer of payment. Your main concern would be to get your LBA ready and keep to your schedule. The banks kinda don't know what the other hand is doing so when you get a response from their solicitors that the right time to question defaults and any other concerns,

 

Hope This Helps:)

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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So today I have sent the following letter by recorded delivery:

 

 

 

Account no: xxxxxxxx

 

Account in Dispute

 

Dear Sir/Madam,

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence (dated 12/01/09) that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed (complaint was lodged 06/01/09) and, as such, you must refrain from any further action until this dispute is fully resolved.

 

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

 

·You have fallen behind with your payments,

· The amount owed is not in dispute; and

· You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files or passing the debt to a third party, I shall be forced to take legal action against you under the Data Protection Act 1998. I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours Faithfully,

 

I am not expecting a reply and I am fully prepared for them to register a default after reading othr experiences on this site but we shall see! I have my LBA preapared so if thay haven't made a specific response to my claim I can send it off. :rolleyes:[/font]

Edited by littletinypieces
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Looking good so far, It will good to see what they respond with:D

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Recieved the following response yesterday:

 

Dear xxxxxx

 

Account Number: xxxxxxxx

 

Thank you for taking the time to write in response to our recent communication.

 

In our earlier letter we made it clear that we are no longer able to offer you banking facilities. Despite your recent letter the Bank will not reconsider its decision.

 

The Royal Bank of Scotland Group no longer wishes to provide you with banking facilities. I am sorry but I cannot enter into further correspondance with you regarding this matter.

 

In regards to the complaint logged on 06 January, we have no record of this therefore we are unable to assist you in this matter. Also, in regards to charges to your account, you may wish to contact Customer Relations regarding this matter as they may be able to assist you.

 

I realise that you will be disappointed with my response therefore to help make you aware of all the options available to you I have enclosed a copy of our leaflet entitled Making things better.

 

Yours Sincerely,

 

Account Closure Team

 

 

So I will send my LBA for my charges to the customer realtions department and also send them the above letter regarding defaults and see what happens next.

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Just typical they have no idea whats going on, just carry on the process and you should get another typical response or if your lucky a letter from our dear friends Cobbets

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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