So Now What???

[choco]

What happens now??? I filed my claim in 2006, I declined the offer that was given to me which was at least 2 thirds of the money i was claiming; now i wish i had just accepted it as something would've been better than nothing!!!
Not to mention my financial situation wouldnt be in suce a dire condition as it is in now, I cannot even upgrade the account that i am using with Lloyds as NatWest have clearly put a default against my name, every time i want to withdraw money i have to use a Lloyds machine! arrrggghh!!!
I'm so p-ed off, what are we supposed to do now???

[vjohn82]

Redraft your letter using clause 5

[Rooster-UK]

Watch the announcements on this site.

[sindakit]

I'm trying to understand this recent ruling by the supreme court

Apparently we can still use ckause 5 to claim money back under which is good to know

But does the ruling only apply to charges for going overdrawn? I have charges for unpaid DD but i never went over drawn is that different or the same thing? should I use clause 5 or 6 for this?

[vjohn82]

Originally Posted by sindakit

I'm trying to understand this recent ruling by the supreme court

Apparently we can still use ckause 5 to claim money back under which is good to know

But does the ruling only apply to charges for going overdrawn? I have charges for unpaid DD but i never went over drawn is that different or the same thing? should I use clause 5 or 6 for this?

Clause 5 could always have been a route... the OFT went specifically for clause 6 which is why this was not the victory the media claimed it was.

[choco]

Originally Posted by Rooster-UK

Watch the announcements on this site.

Thanks Rooster, so everything we need to know will be in the announcements then and not a thread? Because sometimes its hard to keep up as the threads get hijacked and go ridiculously off topic

[choco]

Could someone please please give me some advice here, I have received 2 letters from NatWest (one for each account), the basics of it is they are not upholding my complaint, because of the legal outcome. Can I please have some advice on what to do now???

[indebtstudent]

I am in a similar situation re my brothers claim, but there are two ideas I have in mind.

Clearly one option is waiting for new announcements here and elsewhere, however there is another option which I am willing to try. I have a court claim in the system but have recently recieved a letter from NatWest as above because they also have a complaint in thier system.

Now they have changed thier charges down to £5 for unpaid items so I am going to request in line with the practice on credit cards that the difference is refunded. There is little chance this will work but its worth a shot.

There are at least two different sets of charges I can see that were applied, plus the charges now that are much lower. Thier position may be that at all times all charges were perfectly fair and reasonable, but it would seem a strange position to take.

My brothers OD was £1000, the charges (without interest) are around £2800. Any reduction would be a win for him, I just wish banks could see how absurd such a situation was.

Any advice by PM is welcome.

[choco]

I have a time limit; on the letters I have to respond within a certain amount of time.
Can anyone tell me what the situation is with rewriting the whole way to make the claim? I dont seem to see any announcements on it, have we all been forgotten??? I need to do this asap or my whole claim that has been going on for almost 4 years is going to get closed.

[ieuanMr]

Beg them to make the same offer? I don't really know your whole case against them but you are in the justice system now and they seem to be acting tough, consult a solicitor for advice? Or post full details on here so we can see what is happening.

[choco]

Originally Posted by Rooster-UK

Watch the announcements on this site.

I've been watching the announcements - nothing, also i'm now on a time frame; any help on this would be really appreciated, i have pm'd you too..........

[MARTIN3030]

So can you just confirm the position.
Are these claims in Court ?
How many
Which banks

[choco]

Originally Posted by MARTIN3030

So can you just confirm the position.
Are these claims in Court ?
How many
Which banks

Thanks for the reply, ok so:-
Two accounts savings and current with NatWest.
My case went all the way, I even got an offer of almost 2 thirds of my claim, but following the advice I pushed it and went all the way (now in hindsight I wish I had just taken it)
They were both stayed pending the appeal.

This is the letter dated 7 Jan 2010

We refer to your complaint relating to unarranged overdraft charges which was previously on hold under the
terms of the fsa waiver. The Waiver has now lapsed and we are therefore writing to you to respond to your
complaint. We consider your complaint to have been about the level and, accordingly, the fairness or
lawfulness of these charges.
As you will be aware from when we last wrote to you, we (with several other banks) entered into agreed legal
proceedings with the Office of Fair Trading in relation to unarranged overdraft charges on 27 July 2007 to
gain clarity on this issue. Following the judgment of the Supreme Court on 25 November 2009, the test case
process is now complete.
In our view, the judgment of the Supreme Court means that the level of the unarranged overdraft charges you
have complained about cannot be assessed for fairness under the Unfair Terms in Consumer Contracts
Regulations 1999 or challenged under the common law penalty doctrine. We do not believe that there is any
other legal basis on which the level of these charges can be challenged.
We are satisfied that the charges you seek to reclaim were properly charged and the outcome of the legal
proceedings confirms our position. We are therefore not upholding your complaint and will not be refunding
the unarranged overdraft charges you have complained about.
We are happy to address any questions you have arising from this letter. You may find these answered by
our website at the following link www.natwest.com/overdraftchargesuodate. If your complaint does not relate
to the level and, accordingly, the fairness or lawfulness of these charges then please let us know by
contacting us selling out the details so we can consider this further.
If after this you remain dissatisfied, we will provide you with details of how to refer your complaint to the
Financial Ombudsman Service.
If we do not hear from you within 8 weeks of this letter we will regard your complaint as closed.
If you have any questions or wish to discuss any of the above with one of our members of staff, please call us
on 0845 3030 456. Lines are open 9.OOam - S.OOpm Monday to Friday or 9.OOam - 1 .OOpm Saturday.

[indebtstudent]

Everyone has had the same letter, you can either waith for some new templates or have a bash yourself. Someone posted a pretty good first draft making reference to lack of competition, the contract not being individually negotiated and the fact the bank is a wholly dominant partner.

I'm going to try and find that to inform my own letter. I'll post that and see what people think of it.

[MARTIN3030]

So Choco this letter appears to refer to your complaint and not the actual Court case.Can you confirm that you have had nothing back from Court ?

[choco]

Originally Posted by indebtstudent

Everyone has had the same letter, you can either waith for some new templates or have a bash yourself. Someone posted a pretty good first draft making reference to lack of competition, the contract not being individually negotiated and the fact the bank is a wholly dominant partner.

I'm going to try and find that to inform my own letter. I'll post that and see what people think of it.

Ok, let me know how you get on.

[choco]

Originally Posted by MARTIN3030

So Choco this letter appears to refer to your complaint and not the actual Court case.Can you confirm that you have had nothing back from Court ?

Martin, the last information I have had from the courts was when my case got stayed in 2007, I think it was. Nothing at all has come from the court.

[MARTIN3030]

Ok.So presumably the bank is waiting for you to confirm that you dont further wish to pursue the complaint.Although indirectly it does not impact on any claim that you have in Court,It could be used by them as a lever to say that your claim should now be struck out since you have withdrawn your complaint,or else do not wish to take it further.
I have seen letters for use in this scenario which advise that whilst it is accepted that the Supreme Court did rule against the OFT,nevertheless there was mention that further avenues were possible,although the OFT has since made it clear that they wont be taking things further.

[MARTIN3030]

It is up to you to decide whether to wait instructions from the Court,or else take steps to inform the bank that you do not consider it closed.

[choco]

Originally Posted by MARTIN3030

It is up to you to decide whether to wait instructions from the Court,or else take steps to inform the bank that you do not consider it closed.

Ok, the thing is I do not want to close the case as we all know the charges are unfair, whether the OFT are helping or not. So how do I go about responding to this, seeing as I like everyone else is waiting for a loophole?