Nationwide Flex Account charges

[Millinx21]

Hi all,

 

I have a flex account with Nationwide, that I had used between June 2011 - Dec 2012.

 

I was using the account mainly as a bill paying account, and just transferred money from my main account to pay for bills etc.

 

In Dec 2012 I stopped using the account, as my housemate took over the responsibility for paying the bills etc.

 

In March, out of interest (was desperate for money and hoped to find a bit left), I checked the account, and found it was £15 overdrawn.

 

I called them to ask where the charge came from, as I hadn't used the account in months. They told me that a standing order was returned in December 2012, and that a charge of £15 was added to my account at the end of Jan.

 

Now, I have to admit that I opted for an online statement, and rarely bothered to check it. However, after this charge, I decided to check the account properly, and luckily they had all the statements available online for me to go through them.

 

I found that between June 2011-Dec 2012 they had in fact charged me a total of £235.41! This included 13x Unpaid direct debit and standing order fees of £15 each. 2x Unauthorised overdraft fees of £20 each and 6x Interest charges of £0.41.

 

I just can't believe that within 18 months of use they put £235.41 of charges on my account. A Flex account that shouldn't have an option of going overdrawn.

 

As I am already using this fabulous site for help with an issue for JD Williams, I had a quick look around to see if there was any help available to re-claim bank charges.

 

I was lucky enough to take Lloyds TSB to county court and win over £1500 back from them in bank charges some years ago, but since then I have totally forgotten the actions I took, and reading here rules seem to of changed etc.

 

So, because I have been on long term benefits during the period I used this account, and from reading other peoples comments, I decided to use their secure messaging system to raise the complaint.

 

(I would of entered the exact quote, but online banking is not available at this time )

 

I said that I was in severe financial difficulties, and under the BCOB rule regarding hardship, regulated by the FSA, I was requesting the charges be credited back to my account, to avoid court action.

 

I received a reply today to say that they were sorry I was in financial difficulties, but that my account is being managed by their collections department, and that I would have to ring them directly, to discuss the issue.

 

I have no intention of calling anywhere, especially as I can not record calls, and need thinking time on how to respond to things, so I have composed a letter to send into their complaints department:

 

I am writing to reclaim all the bank charges made on my account since June 2011, when I was in financial hardship, and continue to be so. I am unhappy that these charges have been applied to my account, and in this letter I am registering my complaint and I request that you immediately stop applying further charges to my account.

 

I need you consider my case as a matter of urgency as I believe I am in financial hardship. This is because I am unable to meet priority financial commitments including, but not limited to, council tax, food, rent and utility bills. I have, and remain to be on long term incapacity and DLA benefits since prior to my opening an account with you.

 

I therefore request that you repay all my default charges since June 2011, which total £235.41.

 

I believe that Nationwide has treated me unfairly, under the following BCOB rule, of which Nationwide should be compliant with, since Nationwide is a firm regulated by the FSA.

Rule 5.1.4 G “Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty.

Under the FSA guidelines, Nationwide has 8 weeks to resolve my complaint. I trust that you will deal with my case within this period. If not, I will refer the matter to the Financial Services Ombudsman.

In order for this claim to be settled without the need for court action I require that the full amount taken of £235.41 be returned to me by way of a credit to my account.

I look forward to receiving a full response to this letter within 14 days

Yours faithfully,

 

 

Basically, I want to know if I am taking the right approach to re-claim these charges, and whether the wording I am using is correct, before I send the letter above?

 

Any help on this would be grately appreciated.

[dx100uk]

BCOBS

 

see the RBS link

 

dx

[Millinx21]

Hi dx,

 

I can't find the link you were referring too, but I did come across this on the website:

 

[insert name and

address of bank]

 

Dear Sir or Madam,

 

Account number: [insert the number of the bank account you are writing to reclaim from]

 

I am writing to request that you repay all the charges in relation to direct debits, unauthorised overdrafts and standing orders that have been applied to my account from the 27 Oct 2012

 

section 187 of the Social Security Administration Act 1992

There is an Act of Parliament which over-rides banks taking charges from your account if you are in receipt of any of the following benefits.

• Income Support

• Tax Credits

• Child Benefit

• Job seekers allowance

• Incapacity benefit

• Disability living allowance

• Attendance Allowance

• CSA payments

• Other DWP payments.

.This includes Rent paid into my account from Ceredigion County Council

These social security benefits are granted to stop hardship and are designed to meet basic day to day needs, and are exempt and are protected under the Social Security Administration Act 1992 sub section 187. from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245).

 

Section 45 of the Tax Credits Act 2002 Chapter 21 part 1 is an identical provision to the said section 187 of the 1992 Act. This stipulates that the banks can not apply any charges to money received as benefit, and any such charges are unlawful and therefore disallowed.

 

Perhaps I could add this into the other letter I wrote?

 

Unless you can give me the link to the part of the RBS section you were talking about, if that works better?!

[dx100uk]

click the bcobs black underlined anywhere

 

then look for the rbs blue link

[Millinx21]

I've received a form from Nationwide, asking for details of my Income and Outgoings, including debts and the length of them etc.

 

I know that with most companies, the line is we are not obliged to give them these details, but as this claim refers to hardship, should I send them the details?

[maroondevo52]

 

I know that with most companies, the line is we are not obliged to give them these details, but as this claim refers to hardship, should I send them the details?

 

Hi,

 

Yes, fill this in and send back as soon as possible, include your original letter, saying that you've enclosed the info as requested.

[dx100uk]

p'haps use

creditor 1

creditor 2

etc

 

and approx. values though

 

dx

[Millinx21]

Ok, I finally got a reply from Nationwide today. From my asking them to repay £240ish, they have said they will repay £30.

 

Is there any follow up to this, or just accept the £30 and move on?

[dx100uk]

really so they decide what is essential and not

 

i'd be asking them to determine what they are going on about

what non essential spending items..

 

seems like a get out to me.

 

still doesn't refer to your BCOBS reference either

 

dx