Advantage Gold account- a rip off ??

[Nattie]

Re: Advantage Gold account- a rip off ??

I don't but am surprised no notes appear from the NatWest Archive about the conversion.
This is the blatant legalities issue that may need clarification and I think the OFT test case may be able to supply that answer. Is the charge a service and if so, why does it appear as a charge? How were you to work out what is a charge and a service?
The loan would have given a 1% discount at that time, if memory serves me right.
My initial thoughts on advantage gold is that is cannot be paid without an agreement. The issue, that I have, is the bank will make the statement argument and length of time before complaining about it. Now when you are being charged left right and centre, how do you know how the account works?

[hellhasnofury]

Re: Advantage Gold account- a rip off ??

I don't but am surprised no notes appear from the NatWest Archive about the conversion.
This is the blatant legalities issue that may need clarification and I think the OFT test case may be able to supply that answer. Is the charge a service and if so, why does it appear as a charge? How were you to work out what is a charge and a service?
The loan would have given a 1% discount at that time, if memory serves me right.
My initial thoughts on advantage gold is that is cannot be paid without an agreement. The issue, that I have, is the bank will make the statement argument and length of time before complaining about it. Now when you are being charged left right and centre, how do you know how the account works?

Hello Nattie,

Hope you are well and thanks for the response.

Now as regarding the banks statement argument and the length of time before I complained. It has only become apparent to me, after educating myself in consumer legislation and their non-compliance to my dpa request. They have tried to drip feed me information and only now do they confirm to me that they have applied these charges/fees to the account without evidence of a document/agreement. Surely this is unlawful, and that is my arguement

I have found the NW the most frustrating of institutes, They have given me no agreement for AGF or overdraft agreements. They have not given me any credit agreements for loans. They will not give me information of interest rates on the loans, and how much interest they applied to the mis-sold ppi.

Nattie, I do confess that I probably was a easy target, because I trusted the bank and never questioned anything they did, until the bank charges revolt

[hellhasnofury]

Re: Advantage Gold account- a rip off ??

Hello All
Received a e-mail yesterday regarding my disputes with the Nw.

They do try to frustrate matters, why oh why can they not do the right thing.

Dear Hells,

XXXXX of the XXXX branch has passed your recent complaint, regarding AG service fees, to me as I am currently involved in your ongoing complaints about your debt with NW. I am in possession of your letters datedXXX and XXX.

For your benefit and so that you have one point of reference regarding your difficulties with the Bank, I will correspond with you about all of your issues

As it stands, the Bank is not in a position to provide copies of the form that you signed in 2000 to amend your current account to AG. The Data Protection Act does not require us to retain such documentation for more than six years.

Your account continues to provide the AG Benefits and I cannot see that you have asked us to remove them. Your account will incur the monthly service charge until you confirm that you no longer require this type of account.

In your letter dated XXXXX to XXXXX, you ask for details regarding three personal loans. I believe that I have made our position clear on this matter. The banks final response letter has been issed to you and if you remain dissatisfied I recommend that you refer your complaint to a third party,

Kind regards.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXX

What is extremely interesting is that they are telling me that they are still charging me for the benefit of AG monthly, but this account has been terminated and defaulted last year by them

They state that as it stand, the bank is not in a position to provide copies of the form that I signed in 2000. They wont have a copy because I never signed one. And I thought that if an account was still up and running and they are charging me money for AG that they had a responsibility to retain all relevant data. I have repeatly asked for certificates of destruction and been ignored.

I In my issue with mis-sold ppi (their final response letter) I have previously asked for information relating to 3 previous loans,(1998,2000,2001) the rate of interest charged, ppi interest applied, They tell me that they do not have this information of their databases, but do have information that enjoyed the benefits of the monies given. So I was just trying my luck with a different department and got rumbled.lol

The issues are, they state I owe them money, I state they owe me more money, penalty charges, mis-sold AG, mis-sold ppi on the loans. So we will have to see, who issues against who here I have started the ball rolling

D if your reading this, Hello will be in touch soon

[Nattie]

Re: Advantage Gold account- a rip off ??

Well, interesting that they are still charging the £12 monthly fee. I would suggest you formally ask them to change it back because if it has gone to Credit Management Services then they would do that anyway or should do. If no form exists then where is the proof that you used the services apart from the loans at a marginally cheaper rate. That information should be on the NatWest Archive which i am gobsmacked how inconsistant and plain wrong that it is.

[hellhasnofury]

Re: Advantage Gold account- a rip off ??

Just sent them this:tinysmile_tongue_t:
Dear ,

Thank you for your emails of blah blah. Your comments have been noted. As to your comment regarding my request for details relating to three personal loans, I will respond to that statement separately, in due course.

I wish to discuss the following:

Account xxxxxxx
I am rather bemused by your comments and wish further explanation and clarity of your reference to the difficulties that have evolved between myself and your Company.

I am frankly rather confused/concerned that you have informed me that account xxx, continues to provide the Advantage Gold benefits. This account was unlawfully terminated and defaulted by your Company on xxxxxxx. Please supply me with a statement of these continued Advantage Gold Service payments your Company are still applying to this account.

I have asked the Natwest Bank repeatedly for evidence of:

1) Copy of agreement for account xxxxxxx opened on xxxxxx .
2) Copies of any overdraft agreements.
3) Copy of agreement for conversion to Advantage Gold in May 2000.
4) Copy of Default Notice for Account xxxxxxx.
5) Certificates of Destruction of the above documentation.

None of this information has been provided to me.

As a representative for the Natwest, you state, that “As it stands, the Bank is not in a position to provide this information to me, as the Data Protection Act does not require your Company to retain such documentation for more that six years“. This is totally unacceptable and, I again repeat, my request, that you send me, the outstanding information that your Company, under the Data Protection Act, has a legal obligation to provide. If you state that you do not have this information, I require to see the certificates of Destruction of the above documentation.

May I suggest that you refer this difficulty to your Legal and Regulatory Risk departments for their input/advice regarding your Company’s legal responsibilities as a Data Controller under the Data Protection Act. It may be prudent for them to refer to the Data Protection Act 1998 to fully revise of Section 7 “ Right of Access to Personal Data“.

You have also confirmed to me, in your e-mail of 16th February 2008, that this account is still running and Advantage Gold Fees are still being applied monthly. I require immediate cancellation of this mis-sold Advantage Gold Service fee and confirmation from your Company that this has been cancelled. I also require the immediate return of these mis-sold Advantage Gold service fees, plus interest, to myself.

Please be aware that this account has been formally and officially placed in dispute. I further need to make you fully aware, that should there be a need for me to commence legal proceedings, to re-claim any and all mis-sold, mis-applied service fees, which have been blatantly applied to the above account, without my consent, purely as a vehicle to unjustly enrich your Company, your Company’s repeated evasion, in answering my legal requests and questions, and trying to mis-lead me by stating untruths, will in no doubt become apparent. This in addition to your repeated non-compliance and breaches under the Data Protection Act, and will not be to your advantage.

I would appreciate a timely response.

Yours sincerely

[Nattie]

Re: Advantage Gold account- a rip off ??

I don;t think that the data protection act states 6 years. Hells can you ask them for the law that states 6 years and where it derives from? The data protection act states reasonable time which the bank has probably seen as 6 years under the Statute of Limitations Act. The information is plain wrong.

[hellhasnofury]

Re: Advantage Gold account- a rip off ??

I don;t think that the data protection act states 6 years. Hells can you ask them for the law that states 6 years and where it derives from? The data protection act states reasonable time which the bank has probably seen as 6 years under the Statute of Limitations Act. The information is plain wrong.

Thanks Nattie,

Now sent a suitable response highlighting these points and also asking for certificate of destruction and for them to cancel the AGF, and for the return of these monies taken.

Now the agreement that I should have signed, what legislation does this come under, would it be under the consumer credit act, sale of supplies and good.

Any pointers would be appreciated for my poc.