DejaVu Vs Natwest

[katesage]

I also received a letter once from Natwest, all my details, just totally different name!

I complained to the bank at the time and they just said it was a simple typo.

I would call them to enquire what they are playing at?

 

All your other stuff seems to be in order, post back here if you have any probs.

 

[DejaVu]

I was charged yet again at the end of April. £28, this has sent my account over my overdraft limit once again.

 

Do I add that charge and the future charge at the end of May into my schedule of charges? I'm asking because this takes me over the 6 year period, of course. I've got the details since March 01 - present day... Works to 6yrs 2mnths.

[DejaVu]

When the bank closed my account, they told me I had a month to return the card.

 

Within a week a collector knocked at the door, told me he was here to collect my card/cheque book etc.

 

I signed, he took them. Now I've a charge on my statements explaining £125. Can I claim this one back?

[DejaVu]

My second bank account closed in October 2002. It started 14 August 1998. But the bank has only sent me statements since Feb 2001 due to 6 year rule. But I have just read on the forum that I should claim further back than 6 years.

 

Shall I add the information I have to the Schedule of Charges I've just created?

[katesage]

I was charged yet again at the end of April. £28, this has sent my account over my overdraft limit once again.

 

Do I add that charge and the future charge at the end of May into my schedule of charges? I'm asking because this takes me over the 6 year period, of course. I've got the details since March 01 - present day... Works to 6yrs 2mnths.

 

Add any charges you incur to your claim right up to the point of filing your claim, so dependant on whether you file before May end will decide whether those charges are included.

 

Ignore the 6yr rule, The Limitations Act does not apply so if you have statements, claim the charges back

[Guest NATTIE]

I do want to add that i believe that you need a full SAR that will give you the notes on screen which have details of the charges on them including things as to balance and what action was taking. I guess i will have to keep repeating this until the words are read more than 100 times. Even if they fall back to Limitations Act a FULL SAR WILL GET YOU THE INFO. And they are talking rubbish but dare i say it, the amount of time to order that long's worth of statements is staggering and times that by the many thousands that are being done at the same time, and my guess is that the bank is hiding behind 6 years Limitations Act.

[katesage]

Deja vu...can you stick on one thread please

 

the recovery fee will probably not be reclaimable because it was a fee charged for a service, but...as you were not given a chance to return the card yourself and no doubt the account closure was due to debt caused by charges ......hmmmmm tricky one

 

any other opinions please??

[DejaVu]

Great. I'll add everything I have into my Schedule.

 

I'm sorry Nattie, but after reading through your post, I got a little confused.

 

What I think you ment was.

 

Natwest are using the Limitations Act as an excuse and really, they have no leg to stand on, clutching at everything they can keep their hands on?

[DejaVu]

Deja vu...can you stick on one thread please

 

the recovery fee will probably not be reclaimable because it was a fee charged for a service, but...as you were not given a chance to return the card yourself and no doubt the account closure was due to debt caused by charges ......hmmmmm tricky one

 

any other opinions please??

 

Sorry about my other thread. I didnt realise.

 

I'm going to claim it back anyway considering the time scale was not adhered to. I would have taken it to the bank within that time, given the opportunity.

 

I'm sure I have the letter explaining the date due and the day we signed to agree they picked it up. Meaing proof they broke their terms.

[Guest NATTIE]

Are you ok Kate if i post this for discussion on a new thread simply called Card Recovery Fee- claimable or not? Discuss

[katesage]

Are you ok Kate if i post this for discussion on a new thread simply called Card Recovery Fee- claimable or not? Discuss

Please do Natty, I'm sure there are a few out there who will need to know, perhaps once we have a definitive answer, it can be added to your Natwest fees thread?

[DejaVu]

I started a new debate! Yay!

 

I feel special now!

[katesage]

awwww bless:)

[cumbria123]

I would go for the £125 fee also, they don`t have to pay someone to collect the card just to close the account, all they needed to do is send you a letter asking you to return or destroy the card. I would bet they`ve added their cut to that £125 anyway.

[DejaVu]

Ok. Second letter being posted tomorrow to Joyce Tudor. I reckon she's a busy lady these days!

 

Preliminary Request's away... One thing though. Although I havent been charged this month yet... I will be . I'm going to stop all banking activity with them til this is sorted. Gonna transfer to my new Halifax account (Do I hear any No, No , No's about Halifax?).

 

They havent charged as of yet. But sure they'll realise I wont put up with it this time. As soon as the first one comes. Straight on the phone! LOL

[DejaVu]

Right. 19 days since Prem letter... Any suggestions?

[hedgey06]

Send the LBA recorded delivery first thing Tuesday to the Borehamwood address. Give them another 14 days............... then either MCOl or N1 at your local county court if you still don't get a response!!

 

Good luck, hedgey xxx

[DejaVu]

Have had a response now... Reads -

 

Thank you for your recent letter regarding the fees applied to your account.

 

We are currently considering your claim. Given the work involved in assessing your claim we anticipate that we will be in a position to respond within 6-7 weeks, but will endeavour to do so sooner if we are able to.

 

Yours sincerely

 

Stuart Higley

Customer Relations

 

Signature is clearly a photocopy!

Have they changed their standard letter to this now?

Do I really need to wait 6-7 weeks?

I think they need to pull their finger out with my claim as 6-7 weeks further waiting is completely unacceptable.

[DejaVu]

One more thing, if I'm in an overdraft... say £1,000. Do they take the money from my claim to clear that?

I figure I've had to have this OD to compensate for the charges anyway and think Natwest should swallow that as well!

[WendyB]

Hi

 

this is the standard letter, some people have had no response. Best thing to do is stick to your timescales, not theirs.

 

When you get your money back, if you have an account with them they'll surely pay it into that account, although I have seen something about getting a cheque instead but can't remember where, somewhere on this forum over the last couple of weeks, although that's not much help to you with all the posts going on here every day.

[steven4064]

I read some where that they are within their rights to use it to balance a debt you owe them - ie your overdraft. You're still getting the money back though

 

Steven

 

If this post is helpful, please click the scales

[DejaVu]

14 Days have passed since the LBA (Exactly). No response.

 

I'm most the way through the MCOL process and have come up with 'Particulars of claim'.

 

In here I think I should claim for the whole amount, plus the 8% now it's approaching court. Is this correct?

 

Any suggestions for making this sound 'official'? I'm not great with words!

 

Also, do I need to make 2 claims for 2 accounts or can I do these together as 1 claim as I have from the start?

[hedgey06]

Hi dejavu, try these links here Getting MCOL Right 5. Money Claim On-Line (MCOL) Particulars of Claim You can keep the two accounts together as one claim if you wish - particularly if you've done this from the start anyway, but you need to be really careful with your paperwork and ensure you get all relevant info onto MCOL. Good luck, hedgey xx

[fendyweather]

Take your time, check it all thoroughly before your submit. It saves having to do an N244 amendment later on and pay £35 quid which is unrefundable. I would just say, check, check and double check. All the best. Fendy xxxxx

 

You can add the 8% when you are filling out the MCOL claim. Not before.

[DejaVu]

Received a reply about the wife’s account today that seems like they have finally got to it... Instead of the standard letters they send.

 

I'm not sure what to do about this, so if someone can read through this letter and tell me what I should do.

 

Private and Confidential

Name

Address

 

28-Jun-2007

 

Dear (Wife's Name)

 

Thank you for your recent correspondence. I am sorry that you have concerns regarding the charges that been applied to your account.

We explain all of our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in our branches, and updates are sent out regularly to oour customers. For your convenience, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.

 

NatWest has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Orders, UK debit card transactions and UK ATM withdrawals. It is also important to us that our customers have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through branches, online or via our UK based call centres.

 

Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.

 

For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent.

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £3,008.00 paid direct to your account.

To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. If you would like to discuss this offer please contact the number quoted above.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

I trust that this will resolve your complaint; however for the sake of completeness I am enclosing a leaflet explaining the options available to you should you wish to take matters further.

 

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take your complaint forward, please let me know within this time

 

Yours sincerely

 

Stuart Higley

Customer Relations

 

BOLD... Surely that's still unlawful and they have no right to do that? Hence all this proceedure in the first place!? I read somewhere (here I think) that Alliance & Leicester got taken to court for downgrading someone's account this way and lost.

 

This is the pre-written ‘acceptance letter’ they have drafted.

Date of offer: 28-Jun-2007

 

I accept your offer in full and final settlement of my complaint £3,008.00 (Advantage packaged account fees, stopped cheque fees, interest and charges refunds already applied to your account will have been excluded as appropriate).

 

Signed________________

Print

Name

Date

 

My only gripe with this is she has an outstanding balance at the moment, with debt collectors sending letters for £1,900+ (OD Balance/Charges/Interest)

 

Also the account, she no longer has access to (Closed and cards returned).

 

So they bung 3 grand into her account the best part of £2,000 will be swallowed up straight away.

 

Ideally, we want the debt quashed as the debt is all because of the charges added to the account; the only reason for the OD was to accommodate these charges and increased over time to deal with them.

 

A £3,008.00 cheque sent to us directly that she can pay into her new bank account would resolve the matter.

 

I gather this is their first 'out of court' settlement and although is for the whole amount, they are not accepting that they are in the wrong for charging us.

 

Where do I stand and what should I do about these letters?

Have'nt started court proceedings yet, but will do should this need it.