Jaypeel vs Natwest

[Jay Peel]

Hi, I recieved a statement from the Nat West about a month ago showing that they had closed my account, they also took a small amount out of the account on closing it towards a debt they say I owe, this took place following my trying to get charges removed and asking the bank manager to look at my account !!

I am now in a situation where I have no bank account, I tried to open a cahoot basic account yesterday online but was refused - explanation - "I did not pass the credit check"

Does this mean the Nat West has done something to prevent me opening an account anywhere else ? I do not want to make things worse by trying to apply elsewhere and making credit scores even worse ?

I had banked with the Nat West for approx 14 years, I know I never made a fortune to pay in, and guess I was never looked upon as a big money earner (as a freelance, payments are erratic and I don`t earn much.

My nightmare began last year(2005) when following being charged for going £17.00 overdrawn the bank piled on charges month on month amounting to them demanding £381.00 by Nov this year, despite me trying to sort this out with them (Branch manager and Nat West credit management services) they have continually refused to remove the charges, closed my account and are threatening legal action !! The account was originally a free First Reserve account for years and I have always been good with it. following my request for a Switch card due to problems using Solo to buy fuel at the garage I need to use on route to work I was told by a Staff member at my local branch that I could only have Switch if I changed to another account with them, and further to asking if this facility was free I was told yes. I agreed only to find later that it would cost me £10.00 per month (they say I must have been told and say I must have signed and agreed to this (I was shown the agreement showing my signature !!) I may seem naive and am far too trusting, I wouldn`t have signed knowing about the £10.00 charge as I don`t earn enough to pay a regular £10.00 fee, but it seems I didn`t read the contract properly so they have got me there !! - though no excuse - I am dyslexic and suffer bad memory, so feel cornered / embarrassed / confused (not after sympathy just help)

I have a cheque from some work I have recently done but cannot pay it in anywhere,

Please forgive me if this post is not in the correct forum.

Can you advise me regarding Bank Charges and how to turn my cheque into cash as I am really broke and need the money -

Kind regards,

Jay Peel.

[kateandpete]

Cripes - a few problems here. OK

 

1. Charges: Set a good few days aside to read carefully through the process for reclaiming the charges. You WILL get them returned if you follow the procedure carefully. Start at the FAQ section.

 

2. Basic Bank Accounts: For a basic bank account you do not need to pass a credit check. Try something like a Co-op cashminder account. This will let you pay in cheques etc. but not go overdrawn and no direct debits etc. The only way you can get refused one of these accounts is if you have a CIFAS marker (fraud). look here

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html?highlight=cashminder+parachute

 

3. CRA's: Get your credit reference files from Equifax, Experian and CallCredit immediately. Don't be conned by their attempts to sell you stuff. By law they must give you a copy of the files for a £2 statutory fee. This IS on there websites - but they hide it to make you buy 'services' you don't need. Check all the information on the files for accuracy - if anything is wrong you can get it changed. This is well worth doing - I found a few nasty surprises myself.

 

4. £10 Account Fee: They've obviously used some sharp practices to get you to sign, but it's unlikely you will be able to do anything about these.

 

When you're ready to start the charges reclaim process, start a thread in the NatWest forum. There's loads of help available here.

 

Good Luck

[Jay Peel]

Thanks K+P for reply, can a bank put a CIFAS marker for supposedly owing them money ? it seems something has been done, so I`ll check my credit via experian and co, in the meantime I guess that I`d get the same response to any application I try to make for a parachute account, and worry that each time I try I will get another bad mark on my credit file is this possible ?

[cheddar]

CIFAS relates to fraud/money laudering does it not? They cannot apply it purely for owing money.

 

Sadly a bank can turn you down for anything they wish my hubby applied for a co-op basic account and a Nationwide basic account and got turned down for both, he hardly has any bad debt, no ccjs, no Cifas, nothing.

 

Apparently Natwest seem to be the easiest with their Step account.

[Jay Peel]

Thanks for reply cheddar,

Never want to do business with Nat West ever again, so much for being honest customer eh ?, think they just found an excuse to get rid of me due to being free account holder for so many years !!

[cheddar]

Fair enough, look forward to seeing your thread in the Natwest forum.

[Jay Peel]

Ps Cheddar :Congratulations on achieving a win vs Nat West it makes me happy to know that the little guy doesn`t always get crushed by the movers n takers of this world

Still amazed at the confusing technical stuff though, will check out the Nat West Threads as suggested,

Well Done

[Rooster-UK]

Hi jay.

 

I noticed that you didn't get an answer regarding your cheque.

 

Take it into a branch of whatever bank the cheque is drawn on.

Explain that you don't have a bank account and ask them to clear the cheque for you. It might take a couple of days.

 

Better still, if you can get to the actual branch that the payee's account is held at, then they should clear it on the spot.

 

Don't forget to take some ID with you....driving licence, passport, utility bill with your name and address on, etc.

 

Good luck.

[Jay Peel]

Hi Rooster,

Great Advice, will try to take it to the RBS in the morning, the payees branch is about a 3/4 hours drive from me so try local first and if no joy will try your 2nd option of taking it to payees branch with id etc, i`ts fantastic that others are helpfull, i`m really dumb when it comes to finance and the associated lingo I see often found in most of the posts i`ve read so far (seems very daunting right now) but I hope to persevere and will continue to read as much as I can towards a better understanding of the bigger picture, it helps greatly that people (like yourself) are around to give guidance,

thanks again,

Jay

 

ps have scaled

[Jay Peel]

Further to my post (23rd Dec 06) I presented my cheque to the RBS yesterday, they said they would not accept it unless I held an account with them and that even if I took it to the payees RBS branch they would not deal with it ! The only way they would help, was for me to apply for a RBS basic key acount, and pay £10.00 for quick clearance if they accept my application for the new account further to their scrutiny !! (they will let me know within a few days) I await their response with interest and will post my fate when recieved

Jay.

[Guest willowb]

Hi Jay:)

 

I can't believe they closed your account like that, well....actually I can but it's not on!!!

 

You could make a complaint to the FOS...

Financial Ombudsman Service

 

First you need to draft a letter of complaint to NatWest, this may be helpful.....

http://www.bankingcode.org.uk/bulletins/Bulletin%2021%2027%20Jul%2006%20PDF%20FINAL.pdf

 

You have been treated unfairly and the way that they have conducted themselves is against banking code.

 

 

Even if they argue that the 'relationship between you had broken down' then they still have to give you 30 days notice before they close the account.

 

Do you owe them anything now?

 

Don't forget to start a thread in the Natwest section of the forum and post all your updates in that thread so that if you need help then it is clear where you are up to with your claim.

 

Good luck hunny.

 

Wxx

[Jay Peel]

Thanks regarding move of thread to correct area Karnevil, and Hi to Willowb,

I thought what they had done wasn`t right and wonder whether to hold back a formal complaint to the financial Ombudsman until I get further down the line with getting the charges sorted in court if necessary as i`m worried it may pre- empt the Nat West to cover any tracks which may work against them ?

When I recieved a final statement was the first indication of what the Nat West had done, I was Initially fuming but then thought oh well at least they have backed down from the riddiculas demands for money, and probably the end of the matter, but no.... recieved another letter saying they are now seriously considering "intent to either take court action, or the instruction of their local debt collection agent"

So I`m reading threads and trying to get a handle on what will be needed to go forward..how they can be allowed to treat people like this is beyond me, and I hope to see it through whatever the outcome,

Thanks again for your advice,

Jay.

Ps Heard nothing today from RBS..hoping to get some kind of answer regarding new basic account after weekend !!

[Jay Peel]

Hi, Firstly to answer a question put by willowb: I owe them what they reckon to be £381.00 as originally posted, is this what you mean by what I owe now ? (sorry if i`m a tad slow) x

Update: Thought I`d post to say the postman delivered 2 letters today (Monday 27.11.06):

The first a letter from RBS to say they were "Pleased to confirm my aplication had been proccessed and my KEY Account opened !! so ok not the best bank in the world, and Nasty West as part of their group, but beggars can`t be choosers this does mean however that I have somewhere to put my wage and life becomes a little easier.

The second letter I opened was from...Green & Company - Solicitors based in Telford...We have recieved instruction from our client, NatWest Bank PLC to commence proceedings against you in respect of an unpaid liability. We suggest that you contact them imediately on the telephone number at the end of this letter. however before proceedings are commenced, you have one final opportunity to put forward repayment proposals by telephoning our client or alternatively by writing to them at the address at the end of this letter. It is normal on these occasions for our clients to consider allowing you to spread your payments over a longer repayment term. If you ignore this correspondance then proceedings may commence against you without further delay. This may involve instructing a firm of debt collectors who will be authorised to act on behalf of the bank, which may include door to door collection and the instigation of Legal proceedings.

Green & Co

Credit & Management Services

Kendal Court

Ironmasrs Way

Telford

Telephone 01952 206114

Can anyone comment on what I should do next ? I am very worried about the threats within the letter (door to door collectors ?) Please advise which letter to send first and to whom or should I post to both? any help is welcome, I am dyslexic and not very fast on this type of subject, so apologies for delays in replying , just takes me a little while longer to "poke" the info into this keyboard, but thank my lucky stars for spell checkers, !!

[Guest willowb]

Have you got all your statements?

 

 

Wxx

[ataction]

OK. Firstly don't panic. I suggest you write to the bank with a complaint letter, including an assertion that you intend to claim bank charges bank. You do not have to be to absolutely specific. This puts you into offical dispute with NatWest. Make sure you clearly write in bold 'COMPLAINT' on you letter and send recorded delivery. This will give some breathing space to carefully analyse your complaint, and prepare the schedule of charges you wish to recover.

You may also mention in your letter that your intention is to resolve the situation and work out a repayment plan, but the issue of erroneous charges needs to be resolved prior to a repayment plan being agreed.

 

The above will buy you a bit of time, no one is going to come knocking on your door so relax.

 

Try an online bank like Smile, escape the RBS group.

[Jay Peel]

Hi Willowb, I`ve tried to keep them all, although I am just getting them into better order, and will be able to note any missing, back in september (2006) I arranged to see my Nat West branch manager regarding my concerns of the charges, and was asked to take my statements for my appointment as they had a problem finding relevant ones on their system, I gave them all I had for them to photocopy, and think they may have kept one or two !! but I`ll double check to make sure, I`m working away for next two days so will be offline til Thurs.

Thanks again for your reply,

Jay x

[Jay Peel]

Hi ataction, thanks for the reply, great advice, would I send the letter to bank copy to and Green & Co (Re solicitors letter) or ignore solicitor and send just to my local branch ?

going into official dispute sounds daunting but now need to do something or be trampled on even more by "goliath"

Re Smile, do they insist on minimum monthly earning to be paid in each month as I don`t earn much as a freelance and payment is erratic ?

Regards,

Jay.

[Guest willowb]

OK, I think I've got a handle on a letter template for you. You need to include your subject access request plus a £10 cheque and send it to their registered address (send it recorded ok!)...

 

Their address

Your address

Date

A/c number

 

Dear ****

 

I wish to inform you that I am intending to issue a claim against Halifax for the return of monies taken from my account in the form of unfair charges. I am fully aware that Halifax, if the matter is taken further with solicitors and debt collection agencies, will be breaching Section 13.6 of the Banking Code, where it states that

a financial institution may only pass on details of debts to the Credit Reference Agencies if the debts are not in dispute

.

 

The account in dispute was closed on the ******* by halifax without any prior warning or notification. It is, as I'm sure that you are aware current banking standard to allow the customer 30 days notice prior to closing an account. I was given no reasons for the closure so I can only assume it was due to me openly disputing the charges placed on my account with my branch manager. May I point out to you the that the Banking Code Standards Board itself has issued guidelines to financial institutions regarding account closures urging it's subscribers to not make a disproportionate response. I am within my rights, at this stage to make a complaint to the Financial Ombudsman service about Halifaxs' actions.

 

Customers who are in financial difficulties must be treated sympathetically and positively in accordance with the provisions of Banking Code section 14

. When the claim is settled I will make every effort to offer a fair monthly repayment until the remainder of the debt is paid off completely. halifax has a duty to mediate such matters outside of the Court system and if I have made a reasonable offer then a Judge will not take kindly to you litigating.

 

I enclose my request for statements and a cheque for £10.

 

I hope that this explains my situation and that we can resolve the dispute without the need for Court action.

 

 

Yours faithfully.......

 

 

I really hope this helps you! get those statements!!!! and don't worry...ok!

 

 

Wxx

[Guest willowb]

Please someone comment if they have any additions or corrections etc!

 

Wxx

[ataction]

I don't think you need to go into as much detail at this stage, just mention a dispute over the application of charges and other matters. Specific details and schedule of reclaimed charges will be forthcoming in due course.

The bank knows the rules and procedure on the complaint issue. I would send a short letter to the solicitors just indicating that you have initiated a complaint against natwest regarding amongst other things the recovery of charges.

Then work out what you want out of this. I would guess a bit of breathing space and the recovery of your charges would be your priority. I don't think you will have a problem in acheiving those targets.

 

Smile may indeed require a minimum amount per month. Not sure, I have an account but think they may have increased the minimum amount.

 

 

Your other dilemma is increasing income, I can not really help on this, but if you find the answer let me know!

[natwesttookmymoney]

Hi

 

Broadly agree with ataction. I'd be specific about the breaches of the Banking Code - it's 7.5, which says 30 days; notice. The bit your quoted was from the British Banking Association's Standards Board Bulletin no. 21 dated July 2006.

 

I wouldn't say that the court wouldn't view their action kindly - you don't know what view the court will take. Suggest you say that you will 'draw this to the Court's attention in due course'. Have a look at my main thread (natwesttookmymoney-v-Natwest) which you can access through my signature. I've had the chequebook and card withdrawn without notice. The letter hasn't made the slightest difference but my observations are on record and the correspondence will now form part of the Bundle in due course, as they say.

 

Good luck!

Westy

[Guest willowb]

Their address

Your address

Date

A/c number

 

Dear ****

 

I wish to inform you that I am intending to issue a claim against Halifax for the return of monies taken from my account in the form of unfair charges. I am fully aware that Halifax, if the matter is taken further with solicitors and debt collection agencies, will be breaching Section 13.6 of the Banking Code, where it states that

a financial institution may only pass on details of debts to the Credit Reference Agencies if the debts are not in dispute

.

 

The account in dispute was closed on the ******* by halifax without any prior warning or notification. It is, as I'm sure that you are aware current banking standard (7.5) to allow the customer 30 days notice prior to closing an account. May I point out to you the that the Banking Code Standards Board (British Banking Association's Standards Board Bulletin no. 21 dated July 2006) has issued guidelines to financial institutions regarding account closures urging it's subscribers to not make a disproportionate response. I am within my rights, at this stage to make a complaint to the Financial Ombudsman service about Halifaxs' actions.

 

Customers who are in financial difficulties must be treated sympathetically and positively in accordance with the provisions of Banking Code section 14

. When the claim is settled I will make every effort to offer a fair monthly repayment until the remainder of the debt is paid off completely.

 

I enclose my request for statements and a cheque for £10.

 

I hope that this explains my situation and that we can resolve the dispute without the need for Court action.

 

 

Yours faithfully.......

 

 

 

Ok....better?

 

 

Wxx