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Withdrawl of Service, No Notice, and no access to funds due to bank mistake

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Hi all,

 

Cannot believe my week, but its been terrible. I have been a Natwest Mortgage holder since 1997, and we had our ups and downs through various life challenges, but for the past few years no problems, and I always praised how good their customer service was when there were any issues.

 

A little background to this...

 

January 30th, my wife gave birth to our first child, but all was not rosey, he had to go to special care, and wife and son were kept in hospital for an extended time. But eventually they came home. The stress of this was not a good start to the year, especially as my employer asked me to leave due to this as I would not be able to do the 12-14 hour days I was doing before the birth, and I was now inconvenient. See my previous threads, it resulted in a successful out of court settlement in July.

 

Any way, fast forward to May, and I received the worst news I have ever had, my mother has a terminal lung disease, and realistically had 3 months, optimistically 9 months. With the birth of my first son (and me turning 40 in 2 days) I could not believe life could be so unfair, my mum had been praying for years, we had tried many times, and now finally she will not get to see him grow up.

 

So I took the decision and made her a promise that despite her living in a different country and unable to travel, we would make the 600 mile journey as much as possible.

 

My wife and son have made it 3 times in a few months, and I have been over there more than here. Because of this, life has been a blur. And the unimportant things have been put to one side. Poor son still does not have his own room as I have not had time.

 

I started a new job in June that allows me to work from home if I am not required in the office, so it works well, has allowed me to work from my mums.

 

So now on to my problem.

 

Tuesday this week, now I am back in the UK, I had to go to our office in London, and on the way I stopped at Tesco to get some lunch, but my debit card would not work, each till they tried it in reported "Chip error", so I tried it in their cash machine, which resulted in "Card retained" showing on the screen.

 

I rang natwest, and was told there was no problem with out accounts as they were in credit, and would I like a replacement card, which I said yes. Inconvenient but it will only be for a few days.

 

Later in the day my wife tried to get some much needed nappies and food in our local co-op, only to have her card retained. She was utterly embarrassed as she used to work there part time and know all the staff, and there was a big queue behind, she had to leave, she rang me and I got straight on to Natwest.

 

Again "There are no problems, would you like a replacement?", I pushed to find out why, said surely there must be a reason, I was put on hold, and then she said there was a "portfolio" on the account and she needed to transfer me.

 

She put me through to credit services, who after going through all my details, checked my accounts and could find no reason for us to be put through to them, he advised going in to a branch.

 

So I did, and the advisor there did the same thing, "no problems, would you like new cards".

 

And I left it at that.

 

Roll on to today, this mornings post was a letter from Natwest Collections dated the 26th July 2012 (did they walk it from birmingham?) with a First Arrears Notice attached and a note stating that due to the issues in June some letters may be delayed! Really? I would call 5 months a hell of a delay.

 

As I was about to ring, I also received an email from my ISP saying my direct debit had been cancelled, this got me a bit worried, so I logged on to online banking to find out whats going on and also check our Mortgage payments. Only to find "There is a problem, please try later". Nothing new, so tried the app on my mobile, again same error.

 

So I ring the number, and after a bit of digging, she tells me that because we are 6 months arrears with our Mortgage, our accounts have been frozen, banking withdrawn and how was I going to catch up?

 

I said to her, surely one letter is not enough, and one that is dated 5 months ago. She said "has your Relationship manager not been in touch?"

 

Relationship Manager? What?

 

She then asked did I have a business account, to which I said yes, a few years ago, but it got closed this year as the business was wound down, what has that to do with my Mortgage?

 

She had no answer, except he should have managed the arrears. I said so who is he? Because I have never spoken to anyone with that title, nor had a call from, or letter, or email or anything.

 

In a panic I banged off an email to work to see if tomorrows pay run could be changed and could my wages be paid else where, nope too late.

 

The advisor at Natwest said I need to call them tomorrow to get authorisation to withdraw my money and I now need to bank elsewhere. I went through everytning that has happened, and she asked if I wished to make a complaint. Too right I do.

 

I asked why my mortgage was not paid, and her response was the direct debit was cancelled in June, without my knowledge. Her response was "It wasnt us".... so who did it then? And wasnt that around the time they had all the computer issues?

 

She said there was nothing more she could do until this is investigated by the complaints department. Which will take a minimum of 5 working days.

 

So here we are, 9 month son is down to 5 clean nappies left, and enough food for today. Now surely they cannot simply withdraw service without notice?

 

Surely as a responsible lender they should have told us?

 

She did say on the phone "didnt you notice your mortgage was not being paid"

 

Well no, I had other things to deal with like taking my old employer to tribunal, and the imminent death of my mother, and her care. The entire time I was away my wife was checking our mail and notifying me of any problems, but we had no notifications from Natwest.

 

I have banged off an email to Les Matheson @ rbs as he is the only contact I can find high enough up the food chain, and copied in Watchdog and the Financial Ombudsman but I dont know where to turn now.

 

I am half tempted to launch small claims, the inconvenience, embarrasment and distress is unreal, so far today I have managed to do NO work and cannot concentrate.

 

Anyone have any further advice? Have had a quick read through the BCOB and also had a look at the FSA MCOB (Mortgages and Home Finance)

 

Any help gratefully appreciated.

 

Brad


Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

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I think you need to send a Subject Access Request before you can do anything at all. You require all the data that is held by NatWest in connection with your financial dealings with them.

 

Yes, I think it was around that time that there were computer problems, so you need to investigate that side of things as well.

 

I have flagged your thread for other members of site team who might be able to advise.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks so much and thats a great idea, I will do a SAR immediately, done a few in the past. Had a call about an hour after my email from the head of complaints, and will be speaking with him again tomorrow after he has reviewed from their end.

 

Its amazing to think that I had great faith in Natwest as a bank and service provider, over the years they have been more than helpful, and now they have completely destroyed all the good from before. How can I ever have faith in them again with my hard earned money?


Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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I think it is a question of join the club.. lots of people now feel very let down by their banks, sadly they are a necessary evil.

 

Make sure you keep a record of everything that is said, unless of course you are able to make recordings of the call. If you can record, you do not have to tell them this.


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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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i'm sure natwest are down on record as saying they 'll sort all porblems relating to the 'crash'

 

they had

 

i think you should email the ceo on this

 

dx


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Not to mention what 5 months of not paying your mortgage has probably done to your credit file at this point. I'd make sure that's rectified as part of this too.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

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Can I also suggest you have a read of the BCOBs articles, linked in my signature and highlighted in green :)


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks all, story so far. Natwest are really playing around, spoke to head of complaints, who then passed it on to someone else, promised many call backs and promised to re-instate the account and services. Promised new cards sent by special over a week ago.

 

So far - nothing... no new cards, just have access online to accounts, and not they have sent 3 letters, 1 to say its being investigated, one to say a direct debit has bounced with charge, and one to say the accounts are now with collections and any money paid in will go to the arrears.

 

Collections are only offering to spread the arrears over a 2 year period, I asked could the mortgage not be extended for 6 months in length of term to add them to the end effectively - No not possible.

 

So far they are being complete idiots, and I am seriously considering taking to small claims over the hassle. Those I have direct debits with have so far issued late payment fees, non direct debit fees total over £100 so far, and 2 have issued default notices (insurance companies!)

 

CitizenB read through your useful links, hence my thoughts of just going straight for them in court.


Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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I would hope they are being a little more co-operative with the mortgage arrears - I think they have joined up to the Government Mortgage rescue scheme - they should be working with you to find a way to sort those out. Adding 6 months onto the mortgage does not sound unreasonable as long as you are able to maintain the payments going forward.

 

You really should be communicating in writing in order to have a paper trail - at the very least, having spoken to them on the phone you should get a letter in the post outlining what was discussed as you understand it.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well, natwest have been screwing around "investigating", then sending letters saying "we tried to contact you, if we dont hear by.. we will assume you no longer wish to ..."

 

Its going around in Circles, so looking at starting a claim under the BCOBS, effectively November Natwest cancelled our debit cards, direct debits and told me to go to the bank the following day and clear out our account, at the bank they would only authorise £2000 withdrawal and after alot of discussions and a lengthy time I got my wages.

 

The email to Les at RBS kicked off the investigation, but its going no where. I see they failed in these areas -

 

Unexplained peremptory closure of accounts

Refusal to offer basic bank account without good reason

 

Not sure on the second point, but they closed our accounts and told us to bank else where, then a few days later appologised and re-opened the accounts, we then went through months of Direct Debit issues, our home insurance was cancelled by the provider for non direct debit payment, the entire policy was cancelled, and a £50 admin charge slapped on top of £73 outstanding payments. The day after this our upstairs toilet feed pipe burst overnight, causing dammage to the bathroom floor, kitchen ceiling, estimated at between £500 and £1000 damage.

 

All in all this event has cost us about £1800 in excess charges from suppliers (non direct debit payments, late payment charges), damage to floor/ceiling, and not to mention 2 days lost annual leave to sort things out, and all the hassle, phone calls, emails etc.

 

So tempted to go small claims, whats everyones thoughts on that? Is there a chance?

 

Many thanks


Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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Did you send the SAR and has this been complied with ?

 

Yes, you can take legal action but you need to have all the I's dotted and T's crossed before you rush into this.

 

You need to impress upon NatWest that you want all communicating in writing in order to ensure that there are no misunderstandings. Perhaps make one more attempt, with a detailed Complaint to their Head/Registered office giving them a further 14/21 days to resolve the issue properly and in writing before you consider your options to take legal action.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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