Ding-Ding Round 2 Enaids lad

[natweststaffmember]

Re: Ding-Ding Round 2 Enaids lad

Ok letter from OFT, can't understand it TBH, so hope someone can explain it to me.


Unfortunately the letter enclosed is not the firm's final response letter.
( I sent the threat of court letter from DCA and asked exactly what they considered to be a final response.)

they said
I should explain that a final decision letter would give referral rights to the FOS, within six months of the date of the letter.
Any idea what this is about cause I havent?

Then they say
If however you have not yet received this letter, you would need to respond directly to the firm's most recent correspondence in order for a final response to be issued.
Still clueless, what letter do they mean please?

They are saying that the threat of court action and the DCA is not NatWest Final Response. Once they have issued a final response to the complaint then the FOS can take the case on up to 6 months after receipt of the final response from NatWest

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Thanks Nattie, but what exactly is a final response please?

[Amethyst]

Re: Ding-Ding Round 2 Enaids lad

Usually its a letter stating, as the OFT said, 'this is our final response...any probs you can go to FOS within 6 months' basically.

Just write back and ask them if thats their final response and if so you shall be taking the case to the ombudsman.

court threats arent final responses, they are views to more action.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Yes ok thanks, makes me mad that Natwest have passed this to a DCA and so kind of washed their hands of it. Yet this is still not considered as a final response.
This has been going on now since January 2008 that is 15 months and still I can't get to complain properly to anyone about this.
Still natwest keep sending out template ruddy letters, Moorcroft still imagine they have a right to collect this debt.
No wonder the country is going down the pan.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Ok letter from natwest just arrived.
I am writing in response to your complaint, of 3rd April 2009. (Are they having a laff, I have been complaining since December 2008)

So sorry I have complained to FOS as they "endeavour to provide a high level of service"

The charges were debited to the account in accordance with my agreement and applied until the account was passed to collections in August 2008.
Charges have now ceased, however, interest is a cost of borrowing and will continue to be applied.
You are disputing the charges, your claim has been logged (for the 6th time i think)

Account was defaulted because

you were unable to increase your monthly payment and the payments were too low, (this is being paid through CCCS)

In Dec 2008 the bank made a decision to pass your account to Moorcroft debt recovery to collect the debt and your account has been credited with 3 payments of £xx.xx from them.

If you belive that we havent investigated properly or acted fairly you have the right to refer to the FOS. You can do this if we havent been able to reach an agreement by 1st June2009 which is 8 weeks after you first contacted us. (I don't think so)
If I havent heard back from you by 15th June I will close our file.


What aload of utter crap.
What next cause I ain't giving up the ghost on these lot, they are doing my head in.

[natweststaffmember]

Re: Ding-Ding Round 2 Enaids lad

How much were the charges?
How much was the default for?

[enaid]

Re: Ding-Ding Round 2 Enaids lad

The charges came to £506 in Jan 2008 which is when I first wrote to them.
The account was defaulted May 2009 £709.58
The account now stands at £926.91 according to Moorcroft.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

A major High Street bank has broken the terms of the legal waiver that allowed it to put all overdraft charge complaints on hold.
Under the legal waiver drawn up by City watchdog the Financial Services Authority (FSA), banks have been given permission to put on hold all bank charge complaints until their court case with the Office of Fair Trading has been resolved.
But they are not allowed to close a customer's account or do anything that adversely affects their complaint.




Bank of Scotland had admitted that the account was 'accidentally' sold to a debt collection agency and that, under the terms of the waiver, this should not have happened.

Now Natwest didn't pass this account on by 'accidentally' did they?
As by their own words.
"In Dec 2008 the bank made a decision to pass your account to Moorcroft debt recovery to collect the debt and your account has been credited with 3 payments of £xx.xx from them." (No mention of the other 10 payments made to themselves)

This has been my complaint all along the account is all made up of charges, the lad will not get any money back from this except for the money he has been paying monthly through the DMP if we win. If by the smallest chance we lose then he will continue to pay through the DMP.
The load of bumph coming from the FOS about final response is absolute nonsense, I am simply complaining about Natwest breaking the rules.
Am totally disgusted with all the all the authorities with an 'F' in their title at the mo, don't think one of them could run a **** up in a brewery TBH.

[Sapphire]

Re: Ding-Ding Round 2 Enaids lad

Di they have blatantly ignored the rules hun, personally I'd be inclined to write them yet another extremely stiff letter and enclose a copy of the ruling, aslo advising them to read the ruling and learn something. Then if the carry on with their actions I'd give their details to all the papers, the tv, radio and anyone else who will listen, stupid sods need showing up for what they really are.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

I am writing in response to your letter dated 20 April 2009.
You thanked me for being patient whilst you investigated this matter.
In fact I have lost what ever bit of patience I have ever had over this matter, hence the complaints to the FOS and the OFT.

I will now try once more to explain about this account to you, this will be the last time too. You may take me to court if you so wish, I think it may be necessary actually, then a judge can explain to you just what you are doing wrong.

In January 2008, not 2009 I am talking 15 months ago, I wrote to you about the charges being applied to my account and the fact they may not be lawful. You wrote back and explained about the OFT case. You stated my complaint had been logged and I would be updated with any further news on the case.

I became unemployed about this time also and was in fact unable to meet my financial commitments, on your advice I entered into a Debt Management Plan with CCCS.
My initial payment was made to yourselves in February 2008 and has been made monthly through CCCS since.
Then in May 2008 you sent a ‘Formal notice of Intention to file a default’ unless a satisfactory arrangement was made to pay back the bank. I assumed that this was being done already through CCCS as you had been accepting the payments over the last 3 months.
Also in May 2008 the account was passed to TDM for collection.

In June you updated me on the OFT case.
Also in June 2008 another ‘Intention to file a default’ letter.

August 2008 a letter advising me the account is being passed to Credit management Services as my payment through CCCS were apparently “insufficient to repay my debt over a term acceptable to the Bank”
Also August 2008 a letter from Credit Management Services demanding the repayment of all sums due. I replied by telephone and it was agreed to pay £6 per month through CCCS.
At last all is ok I thought, until only a few days later, a letter from Triton arrives. A final notice demanding full payment, or off to court I go.
Whoops same day a letter from Triton , they are pleased we have come to a temporary agreement of £6 per month.
Must be all ok now, everyone at Natwest, TDM and Triton know I am in a Debt Management Plan with CCCS and am paying what I can and agreed to, £6 per month.
November 2008 ‘Terminated Overdraft’ amount now owing is £939.29, still paying through CCCS.
December 2008 letter from Triton my payments are in arrears.

In December 2008 the account was passed onto Moorcroft DCA who sent a "notice of intended litigation" and demanded payment in full of an amount of £939.29"
Moorcroft were phoning regularly and I have quite a few letters from them, mostly saying I will be going to court.
It is at this stage I decided to complain about Natwest and the treatment of this account to the FOS, I also have put in a complaint to the OFT.

I have as a layman been following the OFT case with much interest. I did indeed read the guidelines from the FSA Waiver. I am sure I read in there passing disputed debts on to DCA’s was a no, no. In fact I will see if I can get the exact wording.

Here we go

"(18)
the firm must not close accounts or threaten closure of accounts of customers when it might reasonably appear that this is for the purpose (or with the intent) of penalising customers that have complained about unauthorised overdraft charges for having complained, or deterring future complaints from these customers or others. For the avoidance of doubt, the firm may close accounts or threaten to close accounts where there is good justification for doing so based on the circumstances of the particular case;"

I can see no plainer case than that of mine, when the total is made up purely of charges on an Overdraft account. My complaints have been logged numerous times as I have replied to each and every letter from yourselves and the others trying to collect this money.

I have all the letters received from yourselves and copies of the ones I have sent to you.
You have indeed broken most of the rules of the waiver with this account and have indeed caused no end of upset with my family.
If you still insist that you are in the right on this matter then I have everything in order and can only suggest you take me to court.;

[Sapphire]

Re: Ding-Ding Round 2 Enaids lad

Di, have you sent them the Telephone Harrassment letter ? if you have then I think you should mention it and remind them of their obligation not to ignore it.

Apart from the I reckon thats a great letter.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

Yes they have had that and it worked eventually lol

[Sapphire]

Re: Ding-Ding Round 2 Enaids lad

Well stick it in, it don't hurt to remind them of their complete stupidity does it.

[WendyB]

Re: Ding-Ding Round 2 Enaids lad

and shouldn't there be something about them not supposed to add on charges whilst the account is in dispute etc. Cos if you are paying 6quid a month, and they are adding on charges, it will just keep getting bigger. Its already 200 quid more than it was when you started paying it back through the CCCS arrangement.

[enaid]

Re: Ding-Ding Round 2 Enaids lad

and shouldn't there be something about them not supposed to add on charges whilst the account is in dispute etc. Cos if you are paying 6quid a month, and they are adding on charges, it will just keep getting bigger. Its already 200 quid more than it was when you started paying it back through the CCCS arrangement.

They stopped adding charges in July it has gone from 506 tp 939 but no more charges are being added