Cybergypsy Vs NatWest

[cybergypsy]

My 14y/o (13 at the time) son got charged somewhere in excess of 100 pounds by natwest in o/d fees last year. I don't have the statements.

 

We'll Ignore for the moment the fact that it's not supposed to be possible to have an O/d on the type of a/c he had and you're also not supposed to be able to setup d/d's on it. They let paypal and other companies set them up.

 

Now does he have to be the person writing to them, taking them to small claims etc or do I have to do this due to his age.

[cheddar]

I wouldn't forget the fact that they have charged him, if i am not mistaken isn't it a criminal offence/illegal to give credit to a minor??

[cybergypsy]

I wouldn't forget the fact that they have charged him, if i am not mistaken isn't it a criminal offence/illegal to give credit to a minor??

 

I'm not. But which one of us needs to do the writing.. a

[cheddar]

I would say it is okay for you to write on his behalf, however i am not sure what process is involved thats why i have bumped this up for someone else to have a look at. also have a search around the site to see if someone else has had a similar problem and what course of action they took too.

[cheddar]

Found one here re underage: http://www.consumeractiongroup.co.uk/forum/natwest-successes/18803-pre-lim-letter-under.html?highlight=underage

 

I remember my sister getting charged when she was under 18 and my mum simply went into the branch and said that it was illegal for them under the Consumer Credit Act to give credit to a child, they promptly refunded her and put an extra £20 in her account.

 

Have you tried to contact anyone re this?

[cybergypsy]

Spent the last day or so reading the site as i'm after charges from the HSBC on my behalf as well. Not found anything yet but i'll keep looking.

[cheddar]

Well if it were me i think i would go into branch and ask them to refund as the charges are not simply unlawful but illegal, if they don't seem to want to comply then tell them you'll be in touch via letter to make a claim against them.

[The cobbett slayer]

It's a long story but one that may help. I'll be brief.

 

Natwest allowed my stepson to draw funds - £450 in all - against an uncleared cheque which was subsequently stopped by the payer. Net result is we have a 13 year old with a £450 overdraft.

 

A couple of letters to Natwest after they started threatening him and they conceeded that "we cannot and will not pursue a minor for recovery of the debt" and they wrote off the overdraft and restored his account to a 1p credit balance.

 

If you need me to dig out the exact wording of the letter they sent I can do but a single letter down the CCA route should do it.

 

Paul

[cybergypsy]

Well if it were me i think i would go into branch and ask them to refund as the charges are not simply unlawful but illegal, if they don't seem to want to comply then tell them you'll be in touch via letter to make a claim against them.

 

Tried that last year when they arose without success so ended up paying them myself and closing the account.

[cybergypsy]

A couple of letters to Natwest after they started threatening him and they conceeded that "we cannot and will not pursue a minor for recovery of the debt" and they wrote off the overdraft and restored his account to a 1p credit balance.

 

If you need me to dig out the exact wording of the letter they sent I can do but a single letter down the CCA route should do it.

 

Paul

 

I'd be interested definitately.

[cheddar]

Wow so they won't help you. Okay well then I would send a CCA request here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html its letter N I tihnk that you need.

[The cobbett slayer]

It might take me a day or so but I'll find it for you. I know I've got it because I saw it recently while I was looking for something else.

 

I'll get back to you asap

[Guest NATTIE]

here is a lovely gem that no one has had so far. It is called the Minors Contract Act(1987).

LawTeacher.net |

 

Also the banking code clearly states that credit cannot be given to a minor.

Overdrafts are governed by the CCA as well and you have to be 19 for credit to be given. Quite a few things for an instant refund

[cybergypsy]

here is a lovely gem that no one has had so far. It is called the Minors Contract Act(1987).

LawTeacher.net |

 

Also the banking code clearly states that credit cannot be given to a minor.

Overdrafts are governed by the CCA as well and you have to be 19 for credit to be given. Quite a few things for an instant refund

 

Thanks for the MCA reference.

 

Just read the banking code at The Banking Codes Standards Boards and can't find it mentioning that.

[Guest NATTIE]

There is an error on my post which is that it says 19 and not 18. The banking code reference is about giving credit. You cannot give credit to someone under the age of 18