Second time around

[mandytomlucy]

Hi all

 

Well i'm back again for another round with Natwest. I did my first claim against them and got my cheque back in November last year but things have gone downhill financialy since then. My partner has now been signed off on long term sick so the only money we have coming in is benefits and we are stuck in the usual bank charges cycle. We have had more and more charges being put onto our account recently mostly due to having to have direct debits for things that we have to pay by dd. To cut a long story short, in 3 days we have had £184 taken in charges from our incapacity money. This has now tipped us right over our overdraft so that when the next lot goes in £200 will instantly be taken to cover the amount over the overdraft.

 

I did telephone the bank just now and pleaded with them to return some of the money as we have literally been left with nothing, just to be told it was our own fault for misusing our account and they were perfectly within their rights to take it. I did tell them that it was our benefit money they had taken but they couldn't of cared less.

 

So here I am again, i've looked at the faq's etc and everything seems the same as it was last time around. Is there anything I should be doing differently as i've already claimed once? I feel so depressed to be starting this all over again but here we go!

 

Also because I am only claiming from november can I just use the statements on my online banking, instead of sending off for them again?

 

Looking forward to reading the other threads and getting to know everyone.

 

Mandy

[paulpb123]

Mandy,

If you've got the charges then proceed in the usual way with a prelim. However, if you've had the account for more than 6 years you could write and ask them for ALL of your statements and claim back further.

All the best,

Paul

[beat_the_bankers]

They are NOT allowed to take your benefits - see here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

[scott150663]

hi

 

Try ringing nat west and ask 4 the money back if they refuse explain that u have already had a successful claim against them, if they wont give u it back explain to them u will proceed with a new claim to reclaim the charges..........

 

It might work........

 

If not Prelim

 

Scott

[mandytomlucy]

Hi All

 

Called the bank and explained that I had already had charges refunded, once again they couldn't of cared less!

 

Re the right of appropriation, they said that they weren't going to be taking my benefits to pay charges, they were taking them to clear the money I have over my overdraft, which of course they took in charges, clever see!

 

So I am firing of my pre lim today I think its about £1000. If I don't want to claim for overdraft interest though do I have to? The reason I ask is that I had a quick flick through the faq's to refresh my memory and it says that you should claim overdraft int if you can prove it's because of the charges. I'm not sure that I can because i've got a £2000 overdraft which is always up to the max.

 

Cheers for reading

 

Mandy

[hedgey06]

Hi Mandy, you don't have to claim overdraft interest if you don't want to - I chose not to as I found it too complicated!!!

 

Go get your money back - good luck!!! Hedgey xxx

[beat_the_bankers]

 

Re the right of appropriation, they said that they weren't going to be taking my benefits to pay charges, they were taking them to clear the money I have over my overdraft, which of course they took in charges, clever see!

 

 

The way I understand it, and I'm sure someone will correct me if I'm wrong, they cannot do anything with your benefits. It does not matter how much money you owe them for overdrafts, charges, loans etc. They are obliged to let you withdraw the FULL amount of your benefits regardless of this taking you further over your overdraft limit.

 

Perhaps someone could please clarify this?

 

Kelly

[mandytomlucy]

Oh god, my partner phoned the DWP on tuesday and they promised they wouldn't pay the money into bank and would send a giro instead. But i've just checked my online banking and they've bloody paid it in instead and the bloody bank have taken it and now we're not getting anymore money till the 24th and i have exactly -£4 in the bank.

 

I can honestly say I hate natwest.

[beat_the_bankers]

Did you see my post above? Can anyone confirm that what I've said is right?? Please??

 

Kelly

[Lord_Alcohol]

Me too. They are ****.

[mandytomlucy]

Sorry beat the bankers I did see it, I just had a look at the link that you put above I don't think they are allowed to take it for whatever reason. But they just wont listen, they just say they are allowed to take it. I know I should of sent the letter in telling them they couldn't take the money, but the DWP had promised they wouldn't pay the money in and would send a giro

 

I think i'm just going to have to swallow it and borrow some money from parents to get us through.

[mandytomlucy]

I had forgotten from last time how frustrating it is trying to talk to them..

[beat_the_bankers]

Grr.. I would give them hell over the phone if it were me

 

I do think you should send the letter anyway, just incase the DWP decide to ignore your request for a Giro and the next lot goes in aswell. If Nastywest have had their 7 days notice and ignore you, then you can kick up merry hell.

 

They should not be allowed to do this, it makes me so mad.

 

Kelly

[mandytomlucy]

Thanks for your help Kerry, I don't think i've got the energy to try explaining this again to them just to hear, we're well within our rights etc etc etc you should manage your account better rah rah rah.

 

I'll try the DWP in the morning and see what they say although now they've paid it in there's not much they can do. As for the lot going in on the 24th they've already said they won't pay by giro we have to have it go straight into the bank (its two different benefits) so i will get that letter off to them to protect that lot.

[hedgey06]

Hi Mandy, I've just read your thread again and I can't believe how heartless they've been with you. Have a read through here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html as beat-the-bankers is absolutely right, they can't take your benefits. If you're registered for telephone banking, phone them once you've clued yourself up on the above link - and personally I'd go into the branch tomorrow morning as well.

 

Good luck with this - I really do hope you get a positive result. xxx

[mandytomlucy]

Thanks for all your help, I'm gonna give it another go calling them, i'll let you all know how it goes.

[mandytomlucy]

Nobody in the lending department tonight, i've got to call back tomorrow.

[hedgey06]

Don't worry too much tonight Mandy cos there's nothing more you can do till tomorrow. Just stay positive and focus on getting your money back from them - they shouldn't have taken this for their blo*dy ripoff charges anyway. Make sure you write down everything you want to say to them, and don't let them tie you in knots 'cos you've got right on your side here.

 

Get a good night's sleep tonight and sort the rotten bug*ers out first thing in the morning. Let us know how you get on with them. Good luck, xxxx

[hedgey06]

Hi Mandy, how did you get on with the bank today? xxx

[mandytomlucy]

Hi

 

Just came back to update, I I had a long think about it last night and after talking to the benefits agency today decided not to go to the bank today. The reason is that I am already fully overdrawn, if I had gone in today and they had given me the £200 back this would have taken me further into debt, I would then have had to do the same for all my other benefits thereby just getting worse and worse into it.

 

The benefits office have told me that they will no longer be paying any money into that account. I have cancelled all my d/d and am in the process of setting up another account to deal with these. I appreciate the help you all gave (Hedgey and Kerry) and will be carrying on with my claim against them for my charges.

 

Thanks for your help everyone

Mandy

[hedgey06]

Well done Mandy, you've taken the right steps for you and your family and you'll soon be free and clear of Nat West and the financial pressure they've put you under. You've tried to negotiate with them and got nowhere, so (to be honest) I think you've come out of this with your head held high and your dignity intact.

 

The fact that they're prepared to take your family's benefits shows the levels they'll stoop to just get their extortionate charges from whoever they can. You've done the right thing taking steps to open another account elsewhere - at least you'll know where you're up to with your money when you haven't got someone taking every penny you've got in charges.

 

Keep going Mandy, we're all behind you every step of the way. You'll get your money back, and when you do.............. I reckon you and your family deserve a blo*dy nice treat!!!

 

Good luck honey, keep us posted, hedgey xxxxx

[beat_the_bankers]

Totally agree with everything Hedgey said

 

But please, Mandy, send them the letter just incase the DWP mess up again and it ends up in the bank account. Just to put my mind at rest!

 

Kelly

[mandytomlucy]

I will send the letter because the incapacity people said they weren't completely sure if they were allowed to pay by giro apart from in exceptional circumstances and thats our main benefit so i will have to be sure with that one.

 

I must say we've never had any dealings with the benefits agencys before dp got signed off work and between them and the banks you really are left with practically no dignity whatsoever. I can't believe how hard it is just to open a normal current account, with no monthly fee, just to pay d/d's out of if you are not employed.

 

It has really changed my views on benefits etc

[hedgey06]

The one thing you can always keep is your dignity and self respect. At the end of the day Mandy, you're not getting incapacity because you can't be bothered working, you're getting it because you genuinely have to claim it. They won't give it away like they used to. It's there when there's a genuine need - so don't let anyone make you feel otherwise.

 

Just hold on to your dignity, and never sink to their level. At least that way you'll always know you're the bigger person. And if you want my opinion, you already are the bigger person as you've dealt with everything the right way.............. whilst they've dealt with everything unprofessionally!!!!!

 

And as for the bank account, try one of the basic bank accounts that the banks are offering - some of them come with D/D facilities (think it might be Nationwide who offer that one???). But above all, don't worry - you've nearly got it sorted now and that's the main thing. As long as your benefits aren't being swallowed by bank charges, you can get yourself sorted.

 

Keep posting on here............. we'll make sure you keep your dignity - way more than the banks have got as well!!! Love, hedgey xxxx

[mrs walsh]

I'm so glad to come accross this thread because I am also going to start another claim. I'm on a low income and found myself in the cycle all over gain and felt really depressed two days ago when I realised that I would be charged yet again at the end of the month. I spoke to them on the phone and they send under no circumstances would they refund me or stop the charge. Like you, they said I should manage my account better....They are so heartless!

Did you sign anything when you were given back the charges? The guy on the phone hinted that I had agreed to the charges and would not take them to court. I will have to look at the documents and see what I signed.