Problem with Natwest

[just_jue]

Hi,

I have had a ongoing problems with Natwest for over a year.

 

1. I have two accounts with Natwest, I will call them account 1 & 2. Both are with the Direct Business Branch in Hornchurch. In December 2004 I wanted to cancel all the Direct Debits on account 1, I wrote to them in mid December to cancel them, which they didn't. This left me £90 overdrawn, when I spoke to them on the phone and asked them why I had not been informed about these charges, they informed me that they no longer write to you if they return a Direct Debit (can they do this?). I refused to pay these charges.

In April they took money from account 2 to clear some of the overdraft from account 1, a day before my regular Direct debits were taken, which left me now overdrawn in both accounts. When I spoke to the business manager I was informed that they are quite within their rights to do this, and it was in the terms and conditions to do so. When I asked where it said about not writing to me about unpayed direct debits in the terms and conditions, they just put the phone down on me.

I have since wrote to them stating that the charges are unfair and I will not be paying them, and they can take me to court about this. It is now 9 months later and have had no letters or contact from them.

 

2. Last month I paid a cheque into my current account, which cleared fine so I paid my bills on the Friday, on the Monday the cheque was stopped by the payee, leaving me now £350 overdrawn. When I spoke to the bank they say you can stop a cheque at any time. I now cannot get hold of the person who gave me the cheque, and am getting charges all the time.

 

Please can you help in giving me any advice.

Thanks for your time

[Guest]

1. If you have cancelled direct debits or standing orders, and the bank pays out on them, it is their mistake. However, they may require you to either use the internet banking service OR confirm in writing the cancellations before they accept them as official. You can HOLD a direct debit/standing order with a phone call, but you then must confirm the instruction in writing. If you didn't, they might have you there.

 

2. They are DEFINATELY lying to you here. The British Bankers association says:

 

Can I stop a cheque?

 

A customer, having written a cheque, can stop it before it is paid. Banks refer to this as 'countermand'. You can't stop a cheque if it has been supported by a cheque guarantee card. However, to stop a cheque you must:

 

* tell your branch at which the account is held;

* ensure your branch has clear details which correctly identify the cheque you wish to stop, for example:

o the number of the cheque;

o the date;

o the amount;

o the name of the person it is made out to (the payee).

 

To be effective, your branch must have your instruction to 'stop the cheque' before it has been paid. If you have stopped a cheque be aware that you may still be liable for the debt for which the cheque was intended to be payment.

 

Note the first sentance of the the last paragraph. If the cheque had already been cleared, it can't be stopped, and therefore they can't charge for items subsequently returned if they reverse the credit. Once it's cleared, it's cleared. You'll probably find the payee is also being pursued by their bank because their bank says the cheque was paid out.

 

The reference I speak of is at http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=263&a=1531&view=print

 

EDIT: Barclay's business website actually goes as far as pointing this out as well - cheques that have gone through the clearing cycle ARE CLEARED and can't subsequently be stopped.

[just_jue]

I have a problem with Natwest.

 

I paid a cheque into my account a couple of days later I checked my balance and the cheque had cleared, so I paid my bills etc.

The next week the cheque was the cheque was returned to me as stopped.

The problem I have is that the person who gave me the cheque has disappeared of the face of the earth.

I went into Natwest and was told that they couldn't do anything about this and a person can stop a cheque at any time, and that they have to 'clear' the balance before it has fully cleared.

Natwest have now charged me £80 in overdrawn fees and letters, and are now threatening legal action if I don't clear the overdraft. I don't have the money to do this.

I have now changed my bank account and don't know what to do.

Any advice would be helpful

Thanks

[katesage]

That sounds like cheque fraud to me. Have you been to the police, at least to report the incident then get crime reference number.

Unfortunately i cant say how the bank will respond but it would be sensible to negotiate a payment plan or some other agreement to assist you through this period, after all if this cheque was deliberately stopped then you have been a victim of crime.

Good luck

[Guest NATTIE]

Unfortunately, cheques show as cleared on the fifth day after paying in but they can be returned anytime unless you pay for special clearance which will only tell you if it is paid and it does not clear the cheque any quicker.

[bs0lth]

I have a problem with NatWest.

 

I paid a cheque into my account a couple of days later I checked my balance and the cheque had cleared, so I paid my bills etc.

The next week the cheque was the cheque was returned to me as stopped.

The problem I have is that the person who gave me the cheque has disappeared of the face of the earth.

I went into Natwest and was told that they couldn't do anything about this and a person can stop a cheque at any time, and that they have to 'clear' the balance before it has fully cleared.

Natwest have now charged me £80 in overdrawn fees and letters, and are now threatening legal action if I don't clear the overdraft. I don't have the money to do this.

I have now changed my bank account and don't know what to do.

Any advice would be helpful

Thanks

 

I had a conversation recently in the natwest about this issue. I wanted to know when a cheque would clear so that I could naturally spend the money.

 

I was told by the cashier that the natwest takes 5 working days to clear a cheque, so if its paid in on a Friday then it will not be clear until thursday... yes a week I know... however, she also said that it could take only three days to clear my account... However, isnt there always a however? the person that gave you the cheque can still cancel it upto 12 days after its presented for payment. which is a week after your cheques cleared and youve spent all of the money. They also said that to be honest you really shouldnt spend the funds until about 14 days have passed and the money has been in your account.

 

After I queried this she did say that to be honest the 5 working days is only a guideline... the cheque will clear when it does but you have to make sure that it stays cleared before you draw on it...

 

So it clears, then unclears... then they charge you... fantasitic... but thats natwest for you...

 

Helpfull... not at all..

[just_jue]

Hi everyone,

 

Had some real trouble with Natwest.

 

Back in 2006 I was in dispute regarding charges.

In my current account I had a cheque which 'cleared' so I paid my bills, then the cheque bounced and left me with a overdraft of nearly £350 which I couldn't pay. Natwest were no help and I couldn't get hold of the person who wrote me the dud cheque.

Natwest then handed over the account to a DCA who I paid within 1 month.

I then went for all the charges I had from Natwest (I had three accounts), the amount totalled upto £800. This was done via a SAR. Natwest then really mucked up and sent all my details and statements to a lady in Yorkshire.

After complaining to the FOS, Natwest finally paid up and sent me some compensation.

Just checked my credit file and Natwest had defaulted the account, and it was also shown as satissfied.

My question is as the charges were for more than the amount they defaulted my is there anyway I can get it changed.

 

Thanks in advanced.

 

JJ

[moneydragon]

Hi Just Jue

 

Take a read of the following should help you in your fight:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

I have two defaults on my credit file which I am fighting to have removed and I am now awaiting the decision from the FOS it is a long battle but hopefully will get there in the end.

 

Good luck

md:)

[just_jue]

Hi, thanks for that.

Would Natwest have had to send me a default notice for the account? as none was ever received.

 

Thanks

 

JJ

[moneydragon]

Hi, thanks for that.

Would Natwest have had to send me a default notice for the account? as none was ever received.

 

Thanks

 

JJ

I always thought they should but when speaking with the FOS the other week he was under the impression that prior to 2007 they did not have to - I am still waiting for this to claified.

 

md

[just_jue]

Hi, I have wrote twice to Natwest about the default, sent them a CCA request.

They have wrote back twice now saying they can't find my signiture on file.

So I rang them and they found them all my details straight away, and couldn't understand why they sent the letter back.

It is a bit annoying as I still have a deposit account with them which they send all statements etc.

What else can I do?

 

Thanks in advance

 

JJ

[just_jue]

anyone please

[just_jue]

They have just sent my CCA request back for the third time stating that the need my signiture and they take data protection seriously (bit rich as they sent all my statements to a lady in Yorkshire).

What else can I do, they send all my statements from my deposit account to my home address so why are they being so awkward with this?

[just_jue]

Hi,

 

Had a letter today:

 

It reads:

 

Request for copy of Credit agreement under section 78 of the cca act

 

Dear sir,

 

In your correspondence you queried the default on your credit file and have no recollection of receiving a Default Notice. We confirm that the Default Notice was served in accordance with the requirements of (section 176(2)) of the CCA. The default was therefore registered correctly and will not be removed from your credit file.

 

We are unable to reproduce this document as it is a system generated letter; therefore, we are unable to supply a copy of the original default notice as requested.

 

You requested a copy of your credit agreement for the above mentioned account. However, as the account has been settled by way of a full and final repayment, there is no longer any requirement for the bank to comply with this request. Therefore, we have returned your payment as the fee is not required.

 

We trust this clarifies matters; should you have any further queries please contact this office.

 

--------------------------------------------------

 

My argument is that the default was for approx £425. When Natwest cocked up and sent all my details to another person I complained to the FOS, Natwest apologised and paid all my charges that I was claiming back of £850 with £150 compensation. So the charges vastly out way the default.

 

What else can I do?

 

Thanks

 

JJ

[just_jue]

Anyone?

[just_jue]

Hi everyone.

 

I have been having real trouble with Natwest over the last couple of years.

I had three accounts with them and run into some financial trouble running up about £800 of charges.

I sent for a SAR regarding the charges, a little while later I received a letter from a lady in Yorkshire (i'm in Sussex) saying that Natwest had sent all my statements and other details to her!

Spoke to Natwest about this and was told that it was one of those things that happens. So I complained to the FOS, Natwest settled my dispute paying all my charges and giving me some compensation.

 

Checking my credit file I had noticed that they had defaulted me on one of the accounts.

 

I have wrote to them asking for details as I never received a default notice but they won't supply any details because it was a standard default letter and they are saying that they don't have to supply details on closed accounts.

 

Is this right?

 

Any advice will be appreciated

 

JJ

[jon_boy75]

did they default you on the account that they returned the charges for?

 

was it an overdraft?

 

you may need to go through some steps to get some sense out of them. Do you still have the letters relating to the refunded amounts?

[just_jue]

Hi, yes they defaulted account was with charges, I paid in a cheque which a first clear so I paid my bills then the cheque bounced leaving me overdrawn.

I still have all the paperwork including letter from the FOS regarding the statements being sent to another person

[just_jue]

And advice on what would be the best thing to do now?

[just_jue]

Any advice please.

 

Thanks

 

JJ

[just_jue]

Hi, finally got a reply from Natwest saying 'they don't have a copy of the default' on file but it would of been a 'standard' default letter and they had done everything right.

Any advice please?

[just_jue]

Hi, finally got a reply from Natwest saying 'they don't have a copy of the default' on file but it would of been a 'standard' default letter and they had done everything right.

Any advice please?

[just_jue]

Hi everyone,

 

For the last year I have been fighting Natwest regarding a default on my credit file. I have received this last letter:

 

 

 

 

 

And would like some advice on what to do now.

 

A brief overview:

 

I had three accounts with Natwest. The default happened because I paid in a cheque which cleared so I paid my bills etc, then the cheque bounced leaving me £350 overdrawn with no immediate way of paying it off. The person who wrote me this cheque vanished off the face of the earth. Natwest were as helpful as ever. It was passed over to their debt collection department and I paid it off.

 

With help from this site a applied for a SAR which came back, on all three accounts there were charges of nearly £800.

I then received a letter from a lady in Yorkshire (nothing to do with me and not even a near spelling of name) worried because Natwest had sent a copy of all my statements to her, which must of broken some data protection.

 

When I complained to Natwest about this they put it down to a clerical error but did nothing. So I complained to the FOS and Natwest then paid all my bank charges back on all three accounts and some compensation.

 

With the amount I paid back and the charges it out ways the default amount, but the default is holding me back and I keep coming up against a brick wall with Natwest.

 

So any advice on what I can do would be much appreciated.

 

Thanks

 

JJ

Edited June 2, 2010 by just_jue
Wrong picture put in

[just_jue]

http://i718.photobucket.com/albums/ww185/just_jue/Welcome/natwest001-1.jpg

[just_jue]

Anybody please