Jump to content


Natwest Package Account Fees Claim - FOS Adjudicator decision confusion


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2101 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

If a credit card account is in arrears and PPI claim is up-held by bank, do they offset all of refund against arrears ?

 

Will this also include the net 8% statutory amount or will that be mine ?

 

I have tried looking on FOS website for some clarification for this circumstance but I cannot find anything ?

 

Thank-you

Link to post
Share on other sites
  • Replies 74
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi

 

 

You should get this money plus 8% paid back to you regardless of whether your account is in arrears. I had a PPI refund cheque in the post last year even though the loan has been with collections since 2007. PPI shouldn't have been a part of your credit card account that is why you should get this money back directly and not have it paid towards the balance on the account.

Link to post
Share on other sites
Hi

 

 

You should get this money plus 8% paid back to you regardless of whether your account is in arrears. I had a PPI refund cheque in the post last year even though the loan has been with collections since 2007. PPI shouldn't have been a part of your credit card account that is why you should get this money back directly and not have it paid towards the balance on the account.

 

Thanks for your reply briankoko49.

 

Was your account with an internal banks debt team or was it with a third party ?

 

Cheers

Link to post
Share on other sites

already answered this for before I'm sure.........

 

 

you get the 8% minus the tax of 20%.

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
already answered this for before I'm sure.........

 

 

you get the 8% minus the tax of 20%.

 

 

 

 

dx

 

Thanks dx but the person at the Bank concerned and the Financial Ombudsman person seem to differ hence my question again.

 

I have had previous successes with an arrears account where the debt was with a third party but on this occassion it is slightly different as it is being dealt with in-house.

 

I cannot find anything on the FOS website clarifying this circumstance apart from offsetting against existing arrears.

 

So any further guidance would be appreciated.

Link to post
Share on other sites

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html

 

 

there some stuff just before and inc the case studies my old notes say

 

 

HTH

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html

 

 

there some stuff just before and inc the case studies my old notes say

 

 

HTH

 

 

dx

 

Thanks dx for that.

 

I will have another look as that was what I was looking at before.

 

It just seems that I am getting conflicting feedback from FOS and maybe need to discuss again with them.

 

Just another thing and sorry to sound stupid but how do you interperate the following taken from the redress link :-

 

"We will tell the business to add interest to each overpayment to compensate the consumer for the loss of use of their money. Our usual rate is 8% per year simple from 1 April 1993 – and at 15% simple per year before that".

 

So any compensation due pre April 1993 should be at 15% simple and not 8% ? And is this purely in respect of single premium insurance loans ?

 

Cheers

 

Baz

Link to post
Share on other sites

1st time I'd seen that too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Also on reviewing the FOS section for redress in respect of cards / loans in arrears, it does not specificly refer to inclusion of the offsetting of the 8% simple less tax - It just mentions any compensation amount due.

 

Again on speaking to the lady at FOS, she quoted this in which has now confused me.

 

Has anyone else encountered the same situation where your credit card is in arrears but still with the bank and you have successfully won ppi reclaim ?

Link to post
Share on other sites
Thanks for your reply briankoko49.

 

Was your account with an internal banks debt team or was it with a third party ?

 

Cheers

 

 

 

 

 

Hello Baz

 

 

My account was with their internal bank debt, l hope this helps.

Link to post
Share on other sites
Hello Baz

 

 

My account was with their internal bank debt, l hope this helps.

 

Cheers again briankoko49

 

Ok so therefore same as me. I just seem to be getting conflicting information when I contact FOS and no definiative answers.

 

When I mentioned about the 8% simple interest refund, I was told that this would be part of the compensation that would be offset against any arrears on the account ?

Link to post
Share on other sites

I have some further complaints to submit to FOS in respect of a business (non-ppi related) and to a bank regarding their delay and handling of a PPI complaint.

 

Would the FOS complaint form be one of the same ? And if so what particular one is it ?

 

Thank-you

Link to post
Share on other sites

yes, the form is available on their site. wld think separate complaints.

there is of course their ppi questionnaire form which can be attached re the ppi complaint.

 

if already complained to fos, and have received an adjudicators decision, then can just write back with further info escalating it to an ombudsman.

if yet to be an adjud, just write in with the further info.

IMO

:-):rant:

 

Link to post
Share on other sites
yes, the form is available on their site. wld think separate complaints.

there is of course their ppi questionnaire form which can be attached re the ppi complaint.

 

if already complained to fos, and have received an adjudicators decision, then can just write back with further info escalating it to an ombudsman.

if yet to be an adjud, just write in with the further info.

 

Thanks Ford for your reply.

 

Yes they are seperate complaints, one for a business and the other for a bank.

 

They are non-ppi complaints as such and they will be the first submission to the Financial Ombudsman but wanted to save time by completing the appropriate forms now.

Link to post
Share on other sites
thought one was re ppi, re your first post?

 

first complaints, then their form for each. with any attachments/info.

if one is re ppi then cld do also their ppi form

 

eg http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Cheers again Ford.

 

Sorry what I meant was that the complaint against the bank was regarding the unprofessional handling of a PPI claim, in which was eventually up-held. Therefore it is in respect of the banks conduct and not an actual PPI complaint, if that makes sense.

Link to post
Share on other sites
  • 2 weeks later...

I am encountering a similar situation with CMS Telford / Brum but I am unsure of full account number details

 

 

but do have a different eight digit reference from CMS letter).

 

Can I still make a CCA Request for this other account that I did not agree to ?

 

 

And by sending this will this mean I accepting liability of debt ?

Link to post
Share on other sites

Others may advise you to set up your own thread - where you can explain exactly your own situation and get answers specifically directed to you.

 

 

However, as a starter - dig out your old NW account set-up details, all statements and any letters from management. Make a note of your account numbers/sort codes. Then look at reference codes on any letters from CMS Telford. You will soon see if they transferred a current account with an overdraft in to a completely new type of account with a new account number - without your permission.

 

NW refused to send me details via the SAR, citing the details related to a Limited Company.

 

If I send NW a CCA now - am I likely to get the same response (that they cant give me Limited Company details)?

Or is sending a CCA the revised, updated best way to get the info I need?

 

 

Not sure I understand the difference between a CCA and a SAR...

Link to post
Share on other sites
Sorry to hi-jack the thread but I am encountering a similar situation with CMS Telford / Brum but I am unsure of full account number details 9but do have a different eight digit reference from CMS letter).

 

Can I still make a CCA Request for this other account that I did not agree to ? And by sending this will this mean I accepting liability of debt ?

no

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
Cheers dx

 

But would I still add a line advising that I do not accept any liabilty to the debt ?

 

 

if you wish but CCA is not an admittance of anything

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
FWIW

I had a loan account with Nastywest, that was eventually sent to CMS at Telford. I was sent statements annually. Also had current account with o/draft, also sent to CMS, never received statements after CMS had account. I have been told by Nasty that accounts with CMS "are not sent statements" but I have had one with, and one without!

 

Hi tedney

 

Do you know your other account number with CMS ? If so how did you find out ?

 

Cheers

Link to post
Share on other sites
  • dx100uk changed the title to Natwest Package Account Fees Claim - FOS Adjudicator decision confusion
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...