Natwest unplanned overdraft fees

[Micael1000]

Hi guys

I had a natwest basic bank account that defaulted in 2011 due to an unplanned overdraft.

 

The balanced stands at £650 but is made up of occurred charges.

 

I wrote to natwest to explain the £650 is made up of occurred charges

due to a small amount owing on an unplanned overdraft.

 

Natwest has wrote back to me and told me that they agree the £650 is made up of occurred charges

and they won't be perusing me for the debt,

 

BUT the default will remain on my credit file.

 

And they won't change it to satisfied,

 

is there anything I can do to try and get the default removed or at least marked as satisfied?

 

Kind regards

 

Michael

[maroondevo52]

Hi Michael,

 

I'd think you would struggle if that's the stance they are taking, if the default was placed correctly at the time, it's like trying to pull teeth to get them to side with you.

[dx100uk]

if the bank ARE admitting in writing that the default contains or IS made up of entirely THEIR PENALTY charges

 

then it MUST be removed.

 

dx

[Micael1000]

Do you think I would get anywhere if I wrote to their complaints department,

 

attaching a copy of the letter they sent me

and requesting the default be removed

and the account marked as settled?

 

Is there any legislation that would act in my favour?

[Micael1000]

Do you think I would get anywhere if I wrote there complaints department, attaching a copy of the letter they sent me and requesting the default be removed and the account marked as settled? Is there any legislation that would act in my favour?

[dx100uk]

is this admittance in writing.

 

dx

[Micael1000]

Yes they have wrote

 

Dear Mr XXXXX

 

Re: Sort Code XXXX Account No. XXXXXXXX

Amount Due £650.17

 

We write with reference to your recent correspondence regarding the above detailed account.

 

We have investigated the charges applied to your account and can see that the above balance is made up of accrued charges.

 

In the circumstances, we can confirm that we will no longer be pursuing you for this outstanding amount.

 

We trust this clarifies the situation for you.

 

Yours Sincerely

 

XXXXXXXXX

 

Recovery Manager

[dx100uk]

ok should be simple then

 

in ref to the attached guidelines

 

i'd send them a letter.

 

p'haps to their compliance officer

[Micael1000]

Thank you I'll send recorded delivery and keep u all updated

[Micael1000]

Following letter sent today recorded delivery:

Mr XXXXXXXXXX

XXXXXXXXX

XXXXXXXXX

XXXXXXXX

05th March2014

AccountNumber: XXXXXXXXXXXXXXXXXXXX

Dear NATWESTComplaints Department

Withregards to the attached correspondent I received from your recovery managerdated 03/09/13 I’m pleased that NATWEST has admitted that the ‘Amount Due’ wasmade up of accured charged and as a result you would not be pursuing me for theoutstanding balance as the balance was made up of accured charges and was not aloan/credit card/store card or planned overdraft.

Ihave reviewed the enclosed guidelines and as a result of the above and attachedletter I see no reason why the default you have placed on my credit file(s)should remain there.

Itherefore kindly request that NATWEST removes the default from my creditfile(s) and mark the account as ‘Settled’ within the next 30 days.

Ikindly request that you write back to me with your response at your earliestconvenience.

Ifit is in your intention not to remove the default you have placed on my creditfile(s) and mark the account as ‘settled’, can you please write back statingyour reasoning’s behind this so I can escalate my complaint to the FSA.

Ilook forward to your reply and appreciate your cooperation in this matter.

KindRegards and Best Wishes

XXXXXXXXXXXXXXXXXXXX

[Micael1000]

Natwest have written back.

 

They have said that although the outstanding balance was made up of occurred charges,

they were still in line with there terms and conditions.

 

They have said that they will mark the default as 'partially satisfied'

but will not remove the default from my credit file

and have said that if I am unhappy with this I should contact the FOS.

 

Help?!

[dx100uk]

you cant mark a default as partially satisfied

 

you can mark the ACCOUNT as so mind.

 

bt that does not help you.

 

what are these 'charges' please

 

are they fixed sum [penalty] or varied interest

[Micael1000]

Hi dx100uk I am not 100% sure as I no longer have the statements but the occurred charges I believe are there unplanned overdraft fees. Not sure where to go from here if they were added in line with there terms and conditions.

[dx100uk]

did they ever esend yu a default notice?

 

dx

[Micael1000]

I honest don't know,

 

I'm not saying they dident,

 

according to my credit files the default was was placed there in May 2011 so it's nearly 3 years old.

 

I was thinking of sending them a SAR but I'm sure they'll produce a default notice regardless if it was sent originally or not.

 

They have admitted that the account was bad up of occurred charges and no longer pursuing me for the debt,

and now they have said they will mark the account as 'partially satisfied'.

[dx100uk]

if their comms records shows a DN of that period

 

then if its total is or includes penalty fees [unlawful]

 

then its invalid.

 

dx