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harrystottle

Natwest piling charges on again

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Hi All

 

I recently applied on my partner's behalf for bank charge refund under the hardship scheme. To my great surprise the bank (NastyWest) coughed up, but they did not pay the interest. Unfortunately my partner has now used the funds in the account and it has gone into unauthorised overdraft and now they are just piling charges on again.

I know it's a bit cheeky, (but it's a bank so it's fair game!) so could I argue that he is still owed interest on the charges they levied originally, and therefore the debt is technically still in dispute, and so they are not legally entitled to enforce the debt?

 

Thanks in advance for any advice on how to proceed

 

H

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No use to this topic but I cant find out how to start a thread even though I have done so previously ! there is no start thread button help !!!

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Hi All

 

I recently applied on my partner's behalf for bank charge refund under the hardship scheme. To my great surprise the bank (NastyWest) coughed up, but they did not pay the interest. Unfortunately my partner has now used the funds in the account and it has gone into unauthorised overdraft and now they are just piling charges on again.

I know it's a bit cheeky, (but it's a bank so it's fair game!) so could I argue that he is still owed interest on the charges they levied originally, and therefore the debt is technically still in dispute, and so they are not legally entitled to enforce the debt?

 

Thanks in advance for any advice on how to proceed

 

H

 

Was the charges refunded paid to the priority debt arrears or to reduce your debts?


.

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

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Hi

 

The account was in arrears to start with so the payment basically cleared the overdraft, but they left the overdraft facility on the account and now the silly b*gger has gone and spent it!

 

But what they have taken in charges plus interest far exceeds what they paid out so I think they are possibly on shaky ground...

 

Cheers

 

H

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Hi All

 

I recently applied on my partner's behalf for bank charge refund under the hardship scheme. To my great surprise the bank (NastyWest) coughed up, but they did not pay the interest. Unfortunately my partner has now used the funds in the account and it has gone into unauthorised overdraft and now they are just piling charges on again.

I know it's a bit cheeky, (but it's a bank so it's fair game!) so could I argue that he is still owed interest on the charges they levied originally, and therefore the debt is technically still in dispute, and so they are not legally entitled to enforce the debt?

 

Thanks in advance for any advice on how to proceed

 

H

 

Yes!

 

there are some threads / stickies by BankFodder about how to caalculate the interest (if you haven't already done so), then claim in the same way as bank charges (plus you will be claiming back their latest charges!)

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Hi

 

The account was in arrears to start with so the payment basically cleared the overdraft, but they left the overdraft facility on the account and now the silly b*gger has gone and spent it!

 

But what they have taken in charges plus interest far exceeds what they paid out so I think they are possibly on shaky ground...

 

Cheers

 

H

 

Not with FH they aren't cos I doubt they will pay out until the conclusion of the OFT test case.


.

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

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Financial Hardship ;)


.

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

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oh yes of course!!!! Well they won't pay out any more but I can argue that the debt is technically in dispute as it comprises charges and interest on those charges which are the subject of a legal process that calls into question their right to levy these charges.

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oh yes of course!!!! Well they won't pay out any more but I can argue that the debt is technically in dispute as it comprises charges and interest on those charges which are the subject of a legal process that calls into question their right to levy these charges.

It doesn't stop them from their right to levy these charges since their charges have not been ruled on with regards to their fairness being assessed or the terms that are unfair.


.

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

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but doesn't that also mean that they can't enforce payment?

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bump!!!

 

I've got them ringing up trying to secure payment so I could really do with a bit of advice on this!!!

 

I think that they still owe quite a large amount of money in interest, so instead of my partner owing them, it should be the other way round!!!

 

I just need the legal position clarified if any one could let me know I would be grateful.

 

Cheers

 

H

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Why not offer to pay £1.00 a month until the conclusion of the OFT test case issues which is when you can tell them you will make formal repayment plans ;)

If the banks' lose if will be them who will be making repayment plans to you, lol.


.

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

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Cheers yb

 

If they issue a DN on the account (which they are threatening to do) what would our options be then?

 

Does it alter the CCA situation if it goes to a DCA?

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