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Slightly complicated issue with Natwest


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Hi guys - my story is slightly more complicated than the usual claims, but I'll do my best to explain it in the hope someone here can advise me as to what my best course of action should be.

 

To cut a long story short a few years ago I went through a bad patch and kind of let go of my financial responsibilities.

 

It got to the point where due to rent payments I had gone over my £1500 arranged overdraft with Natwest and the fees started to add up.

 

My account eventually reached £1884.60 in 2004, and I received a call from a 'helpful' employee at Natwest offering me a loan to clear my debt.

 

I remember specifically asking him if it would clear me of all charges and if I would just need to repay the loan and I remember him adamantly telling me "yes".

 

I decided that I would then just use this account for my loan repayments via direct debit and would transfer money from my First Reserve Account every month in order to cover the £79.00 loan repayments.

 

However - after a couple of months I got a letter from Natwest stating that there were insufficient funds to make the payments, even though I had made sure I had been putting enough money in the account to cover them.

 

I then ordered statements and to my horror I saw that almost as soon as the loan had cleared my overdraft I had been hit with some outstanding payments that were apparently penalising me for my unarranged overdraft prior to my loan arrangement. This lead to a stand-off between me and Natwest and every month they hit me with £35 unpaid loan repayment + £28 unauthorised overdraft, until it built up to just under £750.

 

I eventually caved in as I didn't see a way out of it and cleared that amount and am now still paying off £75 each month to repay the loan and the charges.

 

Just over 3 weeks ago I sent my first letter to claim back just the charges that I could see from my 6 years of statements, this totalled to just under £2000, but I didn't add any interest onto it.

 

My letter was sent recorded delivery and I am yet to hear anything back.

 

Should I automatically go through the small claims court now without contacting them again?

 

I hadn't found this site until today so the letter I sent them was this one:

http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/12_12_06_bank_14day.pdf

 

- although I edited it so it instructs them to put the money into my new bank account as I have closed all my accounts with Natwest.

 

Really confused whether I'm doing the right thing or whether I'm entitled for them to maybe take off all the interest they are charging me on my loan as it is pretty high interest!?

 

Any help will be much appreciated.

 

Thanks in advance.

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To some extent you can claim whatever you like because in the end the bank is going to cave in and pay what you ask rather than fighting it out in court :)

 

I think that provided the loan was for less than the amount of unlawful charges at the time then you can claim all the interest on the loan at whatever rate you are being charged (i.e. treat it exactly like overdraft interest where you reclaim the interest on that part of the overdraft that was caused by the illegal charges).

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I might hang on to see what the outcome of the big case is as I strongly believe I have incurred other losses as a result of this robbery.

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