Omega 3 v. NatWest

[Omega 3]

Have issued claim using MCOL against NatWest so they have 14 days to act. Have also sent strongly worded letter of complaint to NatWest about their habit of sending my confidential bank statements in tatty brown envelopes with holes in them!

 

Visited HSBC today to open a parachute account and they wouldn't do so unless I changed my salary deposit from NatWest to HSBC. I said 'yes',as long as you can give me the sam eoverdraft facility as NatWest to which they said no!' Are all these banks tarred with the same brush by any chance???!!!!

[Guest Lueeze]

I just got one from Nationwide, online, very easy, but it is a basic account...

[Omega 3]

Thanks, I ended up going to Alliance & Leicester who my mortgage is with. I don't get any interest but atleast it's a safe haven!

 

Is it worth complaining to the information commissioner about the tatty envelope situation or is that not appropriate?

[Guest Lueeze]

I dont know if its really worth it TBH, Its wrong but htey could blame it on royal mail...now if it had been opened then yes i would, or if it was sent to the wrong address then i would be crazy with anger, but Im not sure if its even worth it...

[Omega 3]

My MCOL claim is being dealt with by the Northampton County Court. If the matter ends up in court can I have it dealt with by my local court in Cornwall?

[Guest Lueeze]

Yes normally it gets moved to your local court! Dont worry!

 

Lou xxx

[danmoz98]

I dont know if its really worth it TBH, Its wrong but htey could blame it on royal mail...now if it had been opened then yes i would, or if it was sent to the wrong address then i would be crazy with anger, but Im not sure if its even worth it...

 

They appear to be purposely damaged in my opinion. I'll post my pics later of my own envelope and how damaged it was, they're certainly not of the same grade as their standard envelopes.

[Omega 3]

Ok, MCOL has been acknowledged by NatWest giving them 28 days to respond. My DPA request resulted in only statements being sent to me so I wrote to Stuart Higley requesting confirmation that there had not been any manual interventions on my accounts over the past 6 years.

 

This is the response I received this morning:

 

"Thank you for your letter of 14 may 2006.

 

Hopefully the missing statements will be with you soon, if they are not already to hand.

 

In the majority of cases charges are triggered automatically when an irregular situation is handled but if manual intervention took place, the action taken would not be noted as a matter of routine. Therefore, no record exists against which I can refer.

 

Yours sincerely,

 

Stuart Higley

Customer Relations"

 

Is this an admission that charges are applied automatically by computer? Does this also mean that they have ignored by DPA disclosure request by stating they have no records about me?

 

Comments and advice most welcome!

[dgif1973]

It most certainly sounds like it. Hope I get one the same!

[thecornflake]

In the majority of cases charges are triggered automatically when an irregular situation is handled but if manual intervention took place, the action taken would not be noted as a matter of routine. Therefore, no record exists against which I can refer.

 

Yours sincerely,

 

Stuart Higley

Customer Relations"

 

Is this an admission that charges are applied automatically by computer? Does this also mean that they have ignored by DPA disclosure request by stating they have no records about me?

 

Comments and advice most welcome!

 

1) They have admitted their charges are automated.

 

2) They have told you (and therefore everyone else here) that they don't bother keeping records of manual intervention.

 

This isn't a breach of the DPA - they can't supply informaiton they don't have - but it does mean they can't prove that any manual intervention has ever taken place. So basically they can only ever lawfully charge you for the automated processing. Which is virtually nothing.

[Omega 3]

I thought as much, I couldnt believe my eyes when I read what was written there. Been in touch with the information comissioners office today who were a bit vague but explained to me how to complain about Nat West failing to disclose information.

 

Thanks for all the great advice!

[Omega 3]

Now that I have a letter from Nat West customer relations stating that account charges are applied automatically is it worth writing to RBS (who are defending my claim) to let them know that I have this admission? Is this likely to make them settle? They have acknowledged my claim and have until 4th June to enter a defence.

[Omega 3]

On occasions when I have exceeded my overdraft limit due to a direct debit the people at NatWest have charged me £38 for a referral fee, however they have paid the DD. I am right in thinking that I can claim these charges back aren't I?

[Omega 3]

Nat West now have 7 day left to enter a defence against my MCOL claim. This is going to be a very long week! Fingers crossed!

[Omega 3]

Defence and request for further information received today from Cobbetts.

 

They are requetsing information about the accounts and the charges. Can I add recent charges to the total amount, that is charges which have been applied since I started a claim against them?

 

They go on to ask if the charges were a result of a breach of contract on my part. What should I answer to this? They then go on to ask me to identify the particular breach of contract (by reference to appropriate terms of the contract) that the charges related to.

 

The final tricky one is "Please specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above, an din particular please identify the contractual provisions that the Claimant alleges are unenforcable by reference to UCTA/the regulations."

 

Is all this pretty standard? And is it wise to issue my own CPR18 request when I writ eback to them?

 

Any advice and comments very welcome!

[barracad]

Is what they've sent you a CPR18 request?

 

If so it is not applicable to the Small Claims Track and so does not need to be answered. I would respond to them advising them of this.

[Omega 3]

Does anyone know where I can find the Sale of Goods & Services Act 1982? The link in the statutes library doesn't work!

 

Thanks!

[thecornflake]

Hi,

 

If you Google it you should get a good link to a copy in the first few results. If one doesn't work try the Cached link.

[Omega 3]

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