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Unpaid item fee


Jason22
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Hi guys,

 

Natwest sent me an item saying they've charged me an unpaid item fee for two payments. They charged me £38 for each one. :eek: I then looked at my statement, and they took a further £76 out, landing me over £100 overdraft. I've only just finished paying this back, but I find this a complete disgrace.

 

I'm only 17 with a Natwest adapt account so I don't have money to chuck away. Where do I stand on this? Can I claim at least some of the money back? If so, where do I start?

 

Thanks.

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Guest wino

Hi Jason22

The two items that you have been charged for might of been tried for again by whoever you owed the money to. So you would of been charged twice by your bank. Have you got online banking as it would be easy to check your statements?

I think you need to check your account aswell. My son banks with the LloydsTSB and he couldn't occur any charges until he was 18. Don't know if this is the same with Natwest.

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Yes, I check my statements online.

 

It is my fault. I tried to pay for two items off ebay via Paypal and I must not have had enough, but to charge me way over £100 and put me overdraft is absolutely rediclous. I also thought that if I didn't have enough, my bank would just reject it. How wrong was I.

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Yes, I check my statements online.

 

It is my fault. I tried to pay for two items off ebay via Paypal and I must not have had enough, but to charge me way over £100 and put me overdraft is absolutely rediclous. I also thought that if I didn't have enough, my bank would just reject it. How wrong was I.

 

You are 17 years of age. The banks own terms and conditions state that direct debit and standing orders are not permitted on an adapt account. NatWest WILL refund both charges as they cannot charge you. Write to NatWest and state the above and they will refund or if they don't, then update this thread as to why they will not refund.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks guys. Writing the letter now.

 

yourbank, it's not just two charges, they've charged me a total of £152 according to my statement.

Then they owe you £152 based on their own terms and conditions.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hey there Guys!

 

I Signed upto Sky a few months bak an set up a direct debit, anyways th money wasnt in my bank the day they tried to take it out so my bank have charged me an unpaid item fee of £38.00, although thy havnt actually paid sky it is jus for nothing really...

 

Anyone no of anyways i can claim this back cuz my bank r refusing to refund me, its my first time this has ever happened, ive tried explaining im a single mum an 38 is a huge alot a money to me!!

 

Thanks xx

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Hey there Guys!

 

I Signed upto Sky a few months bak an set up a direct debit, anyways th money wasnt in my bank the day they tried to take it out so my bank have charged me an unpaid item fee of £38.00, although thy havnt actually paid sky it is jus for nothing really...

 

Anyone no of anyways i can claim this back cuz my bank r refusing to refund me, its my first time this has ever happened, ive tried explaining im a single mum an 38 is a huge alot a money to me!!

 

Thanks xx

Answered on your other thread.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Ok, received a letter today. I shall post it here:

 

In line with the Financial Services Authority Hardship guidelines, I confirm your claim for excessive charges has been logged in conjunction with the ongoing Office of Fair Trading court case that you refer to in your letter. You will shortly receive a seperate cover, a letter detailing the latest position in this regard from our Customer Response Services Unit.

 

I tried to telephone you on 15 May 2009 to discuss these issues further but was unable to make contact. I can confirm from our records that these charges have accumlated as a result of you arranging direct debits on your account which you had insufficient funds to meet. Your account type wold not allow us to offer an agree overdraft facility however regardless of your age it is still your responsibility to ensure thay you have sufficient funds in your account to cover any items which you have arranged and authorised with outside companies.

 

The bank considers its charges to be fair, reasonable and transparent. Have reviewed your account, I believe that the charges debited have been applied correctly and in accordance with our published tariff.

 

If you believe that we haven't investigated properly or acted fairly, you have the right to refer to the Financial Ombudsman Service. You can do this if we haven't been able to reach an agreement by 9th July 2009, which is eight weeks after you first contacted us. The Ombudsman would then assess whether to check the bank's own investigation and, if they decide to, would work with you and us to reach a conclusion. However, the quickest and most direct course would be to call me on 0141 567 0392.

 

So there you have it. No intention of giving it me back. First, why is he trying to contact me via phone? I want this done in writing. Secondly, what do I do now?

 

Should I send the following letter?:

 

Dear Sir or Madam,

 

 

Ref: Account number: [your account number]

 

This letter is in reference to my earlier claim for [insert total charges here] made on [insert date of second letter].

 

I have not received a satisfactory response to my earlier request for charges which I believe were unlawfully applied to my account.

 

Under the Unfair Terms in Consumer Contracts Regulations 1999, charges must reflect administration costs and cannot be punitive.

 

The [insert total charges] charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft. As a result, I intend to claim the full amount plus interest and court fees through the county court.

 

I look forward to a full response to this letter within seven working days, otherwise I will commence court proceedings.

 

Yours faithfully,

 

 

[Your signature]

 

Would appreciate any help. To me, £152 is not fair and I want this ALL back.

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Jason, can I ask whether you sent a template letter from here?

Did you send it to the bank branch?

Or to NatWest Head Office?

 

 

I think you got it wrong by sending a template letter.

Your letter should be emphasizing 2 things;

1) You are 17 years old

2) Under the terms of your account you are not permitted to have direct debits and standing order yet they are permitted to be taken from your account and incurring bank charges if there is insufficient funds.

 

Make them aware that they are giving credit to you when you are not 18 years old, and that you will be happy to take it to the Financial Ombudsman Service on that basis alone.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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My letter said this:

 

I would like to request a refund of all the default charges that have been applied to my account.

 

Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that the following unpaid item fees are unlawful as they do not reflect the true cost of going into an unauthorised overdraft. I’d also like to mention that if you are a minor then you cannot be held responsible at contract law and held to terms of conditions of a contract. I am 17.

 

You have taken £152 from me, and I would like to request repayment of this in full. I also ask you to ensure any default notices entered against my credit record are removed entirely.

 

Please repay this money in full and remove any default notices within 14 days. If this is not done, I will begin a claim against you for the full amount, plus interest and my costs.

 

Yes, it's a template letter. And I sent it to my local branch.

 

I really aren't sure exactly how to reply in words. You lot have more experience than me in this type of thing. :)

 

Would it be better for me to email them about this?

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My letter said this:

 

 

 

Yes, it's a template letter. And I sent it to my local branch.

 

I really aren't sure exactly how to reply in words. You lot have more experience than me in this type of thing. :)

 

Would it be better for me to email them about this?

 

Dear sir,

 

I am 17 years old and have been charges £152 in bank charges. I have an adapt/card plus[EDIT TO SUIT YOUR ACCOUNT] which has within the terms and conditions that "Direct Debits and Standing Orders are not permitted on your account"(Jason do you want the exact term cos I can get it).

 

Please can you cancel all Direct Debits and Standing Orders on my account that you have permitted to be set up and refund the £152 to my account.

 

I look forward to your response

 

 

Yours sincerely,

 

etc

etc

etc"

 

Did you get a response from the branch directly?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 3 weeks later...

he azll, i have the same problem... pretty much ever month.. i know i shouldnt have the dd's set up for days i wont have any money in etc, and i need to keep track of my finances but.. i have paid a hell of a lot in unpaid item charges, and then the charges take me over my overdrafvt limit putting me in further debt due to charges for going over my bloody limit!! ahh hate the bank!

 

im 19btw and hate a current account with a small odraft.

 

is there any way of claiming any back?

 

cheers for any advise! tommy

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he azll, i have the same problem... pretty much ever month.. i know i shouldnt have the dd's set up for days i wont have any money in etc, and i need to keep track of my finances but.. i have paid a hell of a lot in unpaid item charges, and then the charges take me over my overdrafvt limit putting me in further debt due to charges for going over my bloody limit!! ahh hate the bank!

 

im 19btw and hate a current account with a small odraft.

 

is there any way of claiming any back?

 

cheers for any advise! tommy

 

This maybe a slightly different response since you are over 18. However, when did the charges first happen?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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more than a year ago, but once i got an over draft and started getting dd's!

is it still an adapt account or is it a current plus account?

Edited by yourbank
goddam pop up :D

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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In that case it is a straight forward bank charges reclaims approach.(the plus bit is irrelevant since the fee based account are blue gold and private)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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So to clarify what is an unpaid item, and how do i resolve it, im 17 with an adapt account?

 

Tom wr1ght, I asked site team to move your thread off this one so that we can give you the advice you need.

Please can you keep your posts on this thread

http://www.consumeractiongroup.co.uk/forum/natwest-bank/203812-penalty-charges-account-under.html

 

I am going to respond on that thread now.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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In that case it is a straight forward bank charges reclaims approach.(the plus bit is irrelevant since the fee based account are blue gold and private)

 

how would i go about that the fella?

 

cheers for your help:D

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