MrJackson vs Natwest

[Jhawc24]

Starting this action on behalf of my partner, who bless him is a little tentative, .

 

Currently drafting DPA letters, he has/had current acc, business acc, credit card and business credit card acc. He has had really bad two years since becoming very ill and losing his business, of course Natwest were relentless and had no sympathy, defaults ensued. So he's still paying off all the charges they made + the small amount he owed, slowly but surely. He uses an agent to pay his debts! was the easy option at the time.

 

I've read through some of the threads and as far as I can tell it's a seperate DPA and claim per account. So that's four in all.

 

Any comments are kindly accepted. Plus thanks for being here you guys!

[Spiceskull]

Yup - treat each account separately. This also helps to keep the claims below the £5K threshold.

 

Good luck.

[Jhawc24]

Hope you can help with this one.

 

My OH has been struggling for past two years with debts (long story). He initially made regular (reduced) payments on two nwb accounts through a debt management agency and lately payments straight from himself. We have just received a list of charges (SAR).

 

1/ Even though they froze charges they kept on adding interest - and because he never got any statements we didn't know. Can he claim the interest back?

 

2/ The last entry on the list is from January 2007 (when they sold debt on apparently) - it does not show any payments made since then - and believe me nwb have had the cheques and cashed them.

 

3/ There is two accounts but only recently has one dca written to my OH saying they have taken over ONE account with the same balance that is from January 2007 - even though we r still paying through nwb we have heard nothing about the other account.

 

Hope you can advise, whilst i'm highlighting all these charges.

 

Thanks for any help and assistance.

[saintly_1]

1/ Even though they froze charges they kept on adding interest - and because he never got any statements we didn't know. Can he claim the interest back?

 

What you can claim is the proportion of the interest that is a direct result of any charges .... there is a spreadsheet here that will calculate this for you

 

2/ The last entry on the list is from January 2007 (when they sold debt on apparently) - it does not show any payments made since then - and believe me nwb have had the cheques and cashed them.

 

Who did they sell the debt onto ? You may need to SAR them for the statements for this period

 

3/ There is two accounts but only recently has one dca written to my OH saying they have taken over ONE account with the same balance that is from January 2007 - even though we r still paying through nwb we have heard nothing about the other account.

Have you had any correspondance at all about the second account ?

[Jhawc24]

Hi saintly, thanks for yours response.

 

1/ will use the link thank you.

 

2/ & 3/ we SAR'd nwb and at the end of the list of charges for both accounts they state balance to BBD Fincon, thats in Jan 2007. We didnt hear anything from nwb so maintained payments on both accounts. CapQuest wrote in Nov regarding one of the accounts and we are now sending payments for that one direct to them. So have no idea who dealt with accounts since Jan or who is dealing with the second account at the mo.

 

Do you think it would help to SAR capquest? In the meantime we have written to nwb to find out where our missing payments have gone.

 

Regards, Joan

[Jhawc24]

Have written to NWB a prelim letter for repayment of charges. I have also asked them to consider the case on the grounds of financial hardship.

 

It is my understanding that I have to give them 8 weeks to deal with the claim on this basis. Before contacting the FOS regarding the case. Or do I follow the prelim letter up in 14 days with a LBA letter.

 

Any advice kindly accepted.

 

Joan

[hedgey06]

Hi Joan,

 

If you'd like them to consider refunding the charges on hardship grounds then 8 weeks is the amount of time you'd give them to consider your 'complaint'. However, I'd advise sending them the LBA once they've had your prelim for 2 weeks.............. you can then update your spreadsheet (Schedule of Charges) to include any new charges that have been incurred since they received the prelim.

 

Once the LBA period expires, you would then have to consider filing the claim at court (the claim would be stayed though due to the test case) or giving them an extra 4 weeks to respond under their 'complaints system'. Unfortunately, I fear that Nat West will send you their standard 'bog off, we've put your claim on hold because of the test case' letter regardless of your hardship application. But we can advise further once you hear from them.

 

I'd also advise sending Nat West/the DCA (capquest?) this letter. This should place the accounts in dispute and ensure that the DCA(s) pass the 'debts' back over to Nat West.

 

Best of luck

[jansus]

My Story - Simon -V- The (SH)

[jansus]

*** Hardship cases,

I will post a few more threads later- on simons thread the last few pages are most relevant

 

Jan

 

car2403 -v- Barclays Bank "won" (1 2 3 4)

 

Any point in seeking to get Success at A and L

 

 

Success at A and L

[hedgey06]

Thanks Jansus. It's helpful to have as much information as possible when proceeding with a claim on the grounds of genuine financial hardship.

 

We all need to be mindful though that any claims that have reached a satisfactory conclusion are very few and far between.............. unfortunately

 

Anybody proceeding with a claim on the grounds of hardship needs to understand that very few claims have continued/had stays lifted. The majority of stays have remained in place despite some terrible financial circumstances of the individual claimants involved.

 

The outcome of the test case should hopefully make things much clearer within the next couple of months.

[jansus]

Quite true

 

thats why all the cases above have succeeded through pressure of FOS and correspondence, not through the courts. I would never advise anyone to appeal against stay now.

 

jan

[Jhawc24]

Thanks for the links, lots of reading to do.

 

Have received two replies from NWB today, one saying they are looking into the complaint takes approx. 6-8 weeks.

 

The other refers to the financial hardship and encloses a financial statement to complete.

 

They state in this letter that they (nwb) along with other banks have now become involved in legal proceedings with OFT. However they are not on the list that are involved with the OFT case - can they really state that?

 

My OH relies on incapacity benefit and DLA and uses a portion of this to pay monthly debts in his name. I however pay all the household bills etc. out of my income. The form asks for joint details which I am reluctant to give. Is it possible this will have an impact should he pursue through the court?

 

All advice kindly accepted. Joan.

[Guest vortex]

NatWest are part of Royal Bank Of Scotland Group who are involved in the OFT Test case.

[Jhawc24]

Have recently received a letter from Natwest stating they will not consider this case under financial hardship and therefore as to wait until the test case is resolved.

[saintly_1]

What you can do now is get in contact with the FOS see if they will look into your case on the grounds of hardship the links that janus posted earlier are good threads to gather information from

[Jhawc24]

Yes I have read through the links that Janus gave me and gathered some helpful information together.

 

I haven't yet sent a LBA letter just a prelim, so I am thinking about sending them another letter first asking them to reconsider their decision. Perhaps cc a copy to the FOS.

 

Thoughts on this appreciated.

[Jhawc24]

Really struggling with this one if a mod can help please!

 

Have written countless times to NatWest because they have not sent all the info required under the S.A.R - (Subject Access Request) letter.

 

I've made it quite obvious whats missing as follows:

 

1. We want to know who they sold our accounts to. There are 2 accounts and we have only 1 company (capquest) who are dealing with one of the accounts. Since they sold the other account in January 2007! We have had no contact from anyone else. Natwest have not provided this information.

 

2. We continued to make payments off the accounts (both of them) from January 2007 to Natwest until November 2007 when Capquest got in touch saying they were dealing with the 1 (only account - we have SAR'd Capquest as well to make sure it is only the one account). The balance that Capquest say we owe is the one that was outstanding when closed by Natwest in January 2007. So no sign of the payments we have made between January and November direct to Natwest. We have sent Natwest a list of all they payments that we made, the cheque no.'s and the dates they were cashed, and have requested the info under the SAR letter regarding where these payments are and what they have done with them.

 

3. Also the second account (who we don't know who's dealing with) should now be in credit, as they have offered a refund on the charges made on this account, so we would like the balance. If only we know where it was.

 

Can anyone advise as to next step, as now they have failed to provide all info under the SAR request, and have had two reminders clearly outlining the missing info we require. We each reminder they have just literally sent back a copy of the letter we just sent with a covering letter stating should i feel that the info is still incomplete to write to them again? Tried that one! Twice!

 

Regards Joan.

[Jhawc24]

Bump

[Jhawc24]

Bump

[saintly_1]

Have you sent the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html ?

[Jhawc24]

Yes sent the non-compliance letter, twice, clearly indicating missing information. But I don't think they are reading the contents. All I have had back is a copy of the non-compliance letters! They just can't seem to tell me exactly who they sold the accounts to, and where are all the payments I made!

 

I was thinking about approaching it in a different way, perhaps writing to Telford instead of Edingburgh as this is the office that I sent all payments to. They have closed the accounts I'm presuming that they have some dummy account(s) somewhere, although each cheque had the account no. cleary written on reverse.

 

Regards, Joan.

[sallysas]

Can't remember who I got this letter from (thanks to them) but it worked for me. Just amend as necrcessary. I sent it to Joyce Tudor and then when I got no joy (but you have to try) I went into my local branch one Saturday and one of the advisors obtained the information for me and I collected it within 4 days. Hope this helps

ACCOUNT NUMBER: xxxxx

 

I refer to my recent letter requesting full S.A.R - (Subject Access Request) on my file dated xxxxx. I had informed your organisation that I already had data from December 2000 onwards and required ALL data from my banking history with you. To date I have only received duplicated statements from 2001-2002 which is most unsatisfactory. However, I have evidence to the contrary that you can retrieve my data to approximately 1992.

 

For your information FULL SUBJECT ACCESS REQUEST under the Data Protection Act (1999 covers ALL data in a relevant filing system for an indeterminable period, not just statute of Limitations Act covering the past 6 years.

 

I refer to notes I was given from a friend of mine within the RBS group – Notes on NatWest Group PLC Archive. These will advise you how to access all of my file information going back to 1992 which is what I require under full S.A.R - (Subject Access Request) law.

 

INSTRUCTIONS:

Bank Office Master Index, 04, 26, then 45 (you can just do 04, 45). That is the Nat West Archive.

Option 1 gives you 12 options of which one is customer notes/events. You click that option which leads to a screen that says ALL EVENTS and press ENTER. You then have notes on account starting on (whenever you opened the account – but you can only go back to 1992). In case you are unaware you can print the page or go into the note and press Print.

 

If you follow the instructions above that will give you the S.A.R - (Subject Access Request) information you need to access my entire files, which I require full copies of under my data protection act S.A.R - (Subject Access Request) request.

 

I trust the information above will help you obtain the information I am requesting and I look forward to receiving the information in the very near future. I would also be obliged if you could send me confirmation that you will be sending this to me as soon as possible.

Yours sincerely

Is it really necessary to teach ones grandmother to suck eggs. Obviously.

[Jhawc24]

Thanks sallysas,

 

I see the info you required was early history on the account. The info I am after is the recent history from when Natwest closed the account up till date (Jan 2007-present). They have sent me all the history prior to this.

 

As the accounts are closed I'm not sure if I can go to local branch, but may put it in writing.

 

Thank you, Joan.

[sallysas]

Sorry to have misunderstood - story of my life!!!! I have only once complained to the Information Commissionaires Office against another bank but they dealt with it within a month and Halifax coughed up the information in less than a fortnight after that. Have you though of trying it that way?

[Jhawc24]

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