Natwest Bank Charges and Default !!!PLEASE HELP!!!

[musky]

I wonder of somebody could help me out on this forum. I have been having an ongoing problem with Natwest for a number of years and I have been told by an Adjudicator of the Financial ombudman that they are siding with Natwest.

 

The problem is the following:

 

• I obtained from Natwest a list of charges on my current account and asked for them back
  
• After asking for a list of charges I informed Natwest the I disputed the balance
  
• The charges added up to more than I owed on the overdraft
  
• Natwest offered me some of the money back but I refused and said I wanted all the money
  
• 2 months later a default was added to my credit file
  

Now I am left with a damaging default on my credit file and an outstanding debt, are they allowed to add a default when the balance is in dispute?

 

Natwests arguement is that I agreed a £10 per month payment plan to clear the balance that was made up entirely of charges, I paid this amount to them once to get rid of them but I have no recolection of agreeing to a £10 per month payment plan. Natwest say the default was added becuase I did not stick to the £10 per month verbal payment plan.

 

Are they correct in adding a default to my credit file when the balance is in dispute?

 

If I agreed to a £10 per month payment plan they surely they need to prove it.

 

I would like to take them to court in order to get them to remove this default, please can some kind person at CAG help me..

 

Thanks very much

[musky]

Hi,

 

Please can you help me on this I am so stuck here

 

Thanks in advance

[musky]

Please can you help. I need to put together PARTICULARS OF CLAIM in order to take this to court.

Thanks

[underdog13]

Sorry I don't have the knowledge to help with this, but if no one else posts, you can click the red triangle in the bottom left hand corner to alert the site team for help:)

[musky]

Thanks very much for your help underdog13, I did not know ablout the red triangle. I will give it a try.

 

Thanks again!!!

[yourbank]

I wonder of somebody could help me out on this forum. I have been having an ongoing problem with Natwest for a number of years and I have been told by an Adjudicator of the Financial ombudman that they are siding with Natwest.

 

The problem is the following:

 

• I obtained from Natwest a list of charges on my current account and asked for them back
  
• After asking for a list of charges I informed Natwest the I disputed the balance
  
• The charges added up to more than I owed on the overdraft
  
• Natwest offered me some of the money back but I refused and said I wanted all the money
  
• 2 months later a default was added to my credit file
  

Now I am left with a damaging default on my credit file and an outstanding debt, are they allowed to add a default when the balance is in dispute?

 

Natwests arguement is that I agreed a £10 per month payment plan to clear the balance that was made up entirely of charges, I paid this amount to them once to get rid of them but I have no recolection of agreeing to a £10 per month payment plan. Natwest say the default was added becuase I did not stick to the £10 per month verbal payment plan.

 

Are they correct in adding a default to my credit file when the balance is in dispute?

 

If I agreed to a £10 per month payment plan they surely they need to prove it.

 

I would like to take them to court in order to get them to remove this default, please can some kind person at CAG help me..

 

Thanks very much

Ask natwest for a transcript of the call and evidence that the payment plan agreement was sent to you which is a requirement. If they are reliant merely on notes on the account then you need to ask natwest to provide a written statement and a final response to take this to the FOS for maladministration of your account(not just bank error).

 

When did you speak with the FOS?(we might be able to work on this one if you still have time to respond to them).

Are you aware that because the issue relates to bank charges that the case will be stayed pending the outcome of the OFT test case issues?

[underdog13]

Thanks very much for your help underdog13, I did not know ablout the red triangle. I will give it a try.

 

Thanks again!!!

You're welcome:)

[musky]

Ask natwest for a transcript of the call and evidence that the payment plan agreement was sent to you which is a requirement. If they are reliant merely on notes on the account then you need to ask natwest to provide a written statement and a final response to take this to the FOS for maladministration of your account(not just bank error).

 

When did you speak with the FOS?(we might be able to work on this one if you still have time to respond to them).

Are you aware that because the issue relates to bank charges that the case will be stayed pending the outcome of the OFT test case issues?

 

 

 

Hi yourbank,

 

Thanks for your reply.

 

I have just recently sent a new SAR request, but I did this 2 years ago and there was no evidence of and agreed payment plan. I even asked the FOS to request a call transcript and they advised me that Natwest do not keep this, all they have is telephone notes (which are incorrect)

 

I received a outcome from the FOS on 05/11/2008 but this was the decision of an adjudicator, I have asked them to escalate it to an ombudsman but I think I will get the same outcome, thats why I am looking to take the legal route.

 

I was not aware the case would be stayed, thats a shame because I think court may be my only option.

 

Kind Regards:)

[Mr lex]

Ask natwest for a transcript of the call and evidence that the payment plan agreement was sent to you which is a requirement. If they are reliant merely on notes on the account then you need to ask natwest to provide a written statement and a final response to take this to the FOS for maladministration of your account(not just bank error).

 

When did you speak with the FOS?(we might be able to work on this one if you still have time to respond to them).

Are you aware that because the issue relates to bank charges that the case will be stayed pending the outcome of the OFT test case issues?

 

Agreed,

 

In addition, there is a letter here you can use. We would need the answers to some of the questions Yourbank asked first.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/234-s10-data-protection-act-notice-if-you-have-been-defaulted-for-unlawful-penalties-

 

Lex.

[yourbank]

Hold fire for now. I have asked someone I know is good on the FOS to take a look at the thread and I am sure they can advise you.

[musky]

Hold fire for now. I have asked someone I know is good on the FOS to take a look at the thread and I am sure they can advise you.

 

 

 

 

Thanks yourbank,

I really appreciate that.

[musky]

Agreed,

 

In addition, there is a letter here you can use. We would need the answers to some of the questions Yourbank asked first.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/234-s10-data-protection-act-notice-if-you-have-been-defaulted-for-unlawful-penalties-

 

Lex.

 

 

Hi Mr Lex

 

Thanks for the template :)but I have already tried this route, they just replied saying this did not apply and they attached a letter from ICO backing this up.

 

I am very stuck!!!

 

Kind Regards

[musky]

Hi There,

 

I have attached reply from the FOS to help better understand the issue:

fos word.doc

Edited July 27, 2009 by musky
Add FOS Letter

[yourbank]

It's too small to read at the minute.

[musky]

It's too small to read at the minute.

 

 

Sorry my mistake, I have enlarged it now as a word doc.

 

Kind regards,

fos word.doc

Edited July 27, 2009 by musky
Add word Doc

[yourbank]

Can you check on your statements on 10th July 2007 for a £10 deposit on the account?

 

Can you post up the narrative on the statement

[yourbank]

BINGO!!!

You missed the most important bit. You changed your address on the telephone which meant that because it was updated overnight you could never have received the payment plan agreement since it would have been sent to the wrong address.

[yourbank]

Furthermore I would Subject Access Request NatWest for disclosure of the notes on your account including collection notes.

[Kraken1]

what is the story with the 600 odd paid into your account? did you agree to this and if so under what terms?

 

are there any facts stated in that letter that you disagree with?

[musky]

BINGO!!!

You missed the most important bit. You changed your address on the telephone which meant that because it was updated overnight you could never have received the payment plan agreement since it would have been sent to the wrong address.

 

 

Thanks for your reply yourbank, I dont have a copy of this payment plan, do you think it would be ok to call the FOS and ask for a copy to be faxed over.

 

I am trying to find the statement for July 07, do you think the FOS will have a copy in their file?

 

Kind Regards:)

[musky]

what is the story with the 600 odd paid into your account? did you agree to this and if so under what terms?

 

are there any facts stated in that letter that you disagree with?

 

 

Natwest offered £600 odd as a settlement of previous chrges, but in the time it was in dispute they added still more charges and increased the balance further.

 

I have not signed anything with regards to the £665 they just credited it to the debit balance what was made up solely of charges.

[yourbank]

what is the story with the 600 odd paid into your account? did you agree to this and if so under what terms?

 

are there any facts stated in that letter that you disagree with?

Don't forget these questions as well. Kraken1 is very well versed in FOS complaints and was the person I asked to take a look at the thread

[musky]

Furthermore I would Subject Access Request NatWest for disclosure of the notes on your account including collection notes.

 

 

I will put together a new SAR today, do you think I can ask the FOS to check the evidence they have in order to speed up the process?

 

Kind regards:)

[Kraken1]

I think there may be scope here, but any claim is ropey. the adj appears to have determined that the two defaults were raised for the same thing, they weren't. I can't agree that the first was not valid and this will dilute any claim substantially, but the second may not have been.

 

I think you need to explain this point and also explain the fact that the reason for this second default was that charges were improperly applied to the account. The issue with the payment arrangement will need to be dealt with, but is not a reason to bar the claim - the reason for the default is the OD and charges, the payment arrangement (which in any event you deny was made) should have no bearing on this. OF course, it also helps to be able to show that there was no payment arrangement but I feel you may struggle on this.

 

All in all, with a well drafted claim based on the suppositions the adj has made (which are incidentally, not too shabby save for fact that the two defaults were for different reasons) and i'd give you a 25% of 'winning'

 

The caveat here is that I'm not sure what you can claim as the first default was properly applied and this means that damage to your credit history was probably justifiably caused, notwithstanding the second (erroneous) default. True they removed the first but I'm not sure that there was an obligation on the bank to do so.

 

So, on balance, a 25% chance or so of a technical win. Worth pursuing due to a future possible claim for charges but don't bank on anything more than a nominal award.

[musky]

I think there may be scope here, but any claim is ropey. the adj appears to have determined that the two defaults were raised for the same thing, they weren't. I can't agree that the first was not valid and this will dilute any claim substantially, but the second may not have been.

 

I think you need to explain this point and also explain the fact that the reason for this second default was that charges were improperly applied to the account. The issue with the payment arrangement will need to be dealt with, but is not a reason to bar the claim - the reason for the default is the OD and charges, the payment arrangement (which in any event you deny was made) should have no bearing on this. OF course, it also helps to be able to show that there was no payment arrangement but I feel you may struggle on this.

 

All in all, with a well drafted claim based on the suppositions the adj has made (which are incidentally, not too shabby save for fact that the two defaults were for different reasons) and i'd give you a 25% of 'winning'

 

The caveat here is that I'm not sure what you can claim as the first default was properly applied and this means that damage to your credit history was probably justifiably caused, notwithstanding the second (erroneous) default. True they removed the first but I'm not sure that there was an obligation on the bank to do so.

 

So, on balance, a 25% chance or so of a technical win. Worth pursuing due to a future possible claim for charges but don't bank on anything more than a nominal award.

 

 

Hi Kraken1

 

Thanks very much for your reply. The first default was added in error by Natwest and I have a letter from them saying sorry and it will be removed. Basically they added the first default when the account was in dispute. I will add the Natwest letter on here shortly.

 

Kind regards,