Bank arguements

EAGLET_3

I am in the middle of trying to reclaim my bank charges. Basically, it goes a little like this.

Because of bank charges, i was hit by Natwest bank for £1141.45 in fees. I rang them & and agreed a monthly repayment plan. After 6 months, they rang back & asked for the full amount outstanding & i told them that i am trying to claim back my charges. Who ever i spoke to changed her attitude straight away. She said that she would get litigation department to get in touch with me. Instead, i got a letter from a debt agency wanting the whole amount in full. I explained that if i claimed my bank charges back, that i wouldn't be in the situation i was in with the bank. The person i spoke to got really 'snotty' with me and told me that i wasn't allowed to make monthly repayments & that it was going to litigation as, by law, they were still allowed to claim back the debt even though the bank charges reclaiming case was on hold with the courts while an appeal was being lodged. I was even told that at worst, if i didn't pay back the debt, they could put the debt on my property for when i try to sell it.

Now here is my question....

Why is it, that the banks are allowed to claim a 'debt' while the banks are appealing yet 'joe public' isn't allowed to claim back charges while the appeal is on going? ( Even though, in principle, the court has agreed that banks are charging too much )

It seems to me that it's one rule for one, & one rule for another!

EAGLET_3

Does anyone have any good advice for me please?

I'm new here so don't know how it works

Merlinexcalibur

Okay. All I can say is you've not learnt why it's always vital to put things in writing rather than phone. I am afraid that you are going to meet with this 'snotty' attitude if you do. Mostly, every time.

All I can add for future reference is and it's a very common trap so many fall into but one you learn through experience to heed:

1) Never agree to a repayment plan over the phone; purely because they will agree to what they consider is 'reasonable'

2) What the hell were you charged

£1141.45 in fees

this for??

3) Who is the debt company?

I ask about the debt company because it often helps in order to give the advice on how to then deal with them. Please do not worry I am not in anyway - spits at the mere thought of debasing my soul just thinking it - connected to a debt agency. I am just someone who has experienced all of this, trying to help. In as much as my knowledge will allow.

Oh, and never, ever phone a DCA. The people you speak to on the phone are in no way trained in legal matters, just how to be 'snotty' and nasty. Beyond answering your call, how to operate a telephone keypad that is all they know. And how to say 'give us your credit card details'. The hard and fast rule is don't speak to them on the phone.

they could put the debt on my property for when i try to sell it.

That would be a charging order. Can they indeed? Yet another DCA acting as if they are a judge or a solicitor. And it would probably need to get in a court before that happened. What is the debt? Is it a mortgage?

Lastly, DCAs threaten. That is their nature. As you have found.

Merlinexcalibur

Instead, i got a letter from a debt agency wanting the whole amount in full. I explained that if i claimed my bank charges back, that i wouldn't be in the situation i was in with the bank.

Oh, the above? I am afraid all that will do is make them even worse with you on the phone. In fact, it will give them fuel for their ammo. They aren't interested.

And to answer your final question (if I am reading your last sentences correctly) as far as I know you can still claim charges back even when with a DCA. Despite what they may claim. But don't take my word on that. I may be wrong.

Now, the other reason for putting things in writing is because if it went to court you can show the judge what you have done to negotiate with the creditor or DCA and may go in your favour. DCAs are extremely slipshod with record keeping. But if you aren't then that will be in your favour. It also gives a timeline and legal record. Phone calls are not proveable. Because it's a case of 'they said this'. Conveniently, those recordings will go astray if they were requested.

EAGLET_3

Merlinexcalibur wrote: »

Okay. All I can say is you've not learnt why it's always vital to put things in writing rather than phone. I am afraid that you are going to meet with this 'snotty' attitude if you do. Mostly, every time.

All I can add for future reference is and it's a very common trap so many fall into but one you learn through experience to heed:

1) Never agree to a repayment plan over the phone; purely because they will agree to what they consider is 'reasonable'

2) What the hell were you charged this for??

3) Who is the debt company?

I ask about the debt company because it often helps in order to give the advice on how to then deal with them. Please do not worry I am not in anyway - spits at the mere thought of debasing my soul just thinking it - connected to a debt agency. I am just someone who has experienced all of this, trying to help. In as much as my knowledge will allow.

Oh, and never, ever phone a DCA. The people you speak to on the phone are in no way trained in legal matters, just how to be 'snotty' and nasty. Beyond answering your call, how to operate a telephone keypad that is all they know. And how to say 'give us your credit card details'. The hard and fast rule is don't speak to them on the phone.



That would be a charging order. Can they indeed? Yet another DCA acting as if they are a judge or a solicitor. And it would probably need to get in a court before that happened. What is the debt? Is it a mortgage?

Lastly, DCAs threaten. That is their nature. As you have found.

The charges are relating to bank charges. I requested the printout of the charges as i wanted to claim them back. I was sent my acc printout for 6 years. Because i told them i was claiming my charges back, They seemed to have 'misplaced' my letter ( template downloaded from this site ) & continued to charge me. I asked them to suspend my account while this was being dealt with but instead, they left it open & my charges mounted up. And your right, it's my word against theirs.

The company i am dealing with is Allied International Credit (UK ) Limited

esmerellda

Write to Allied and tell them the account is formally in dispute with Natwest and they should pass it back to them.

How do the charges amount you are claiming correspond with the debt ? would they cover it ?

Did you write in regarding claiming charges prior to them forwarding it to Allied, or was it only the phone call.

and yes indeed, keep EVERYTHING in writing.

EAGLET_3

esmerellda wrote: »

Write to Allied and tell them the account is formally in dispute with Natwest and they should pass it back to them.

How do the charges amount you are claiming correspond with the debt ? would they cover it ?

Did you write in regarding claiming charges prior to them forwarding it to Allied, or was it only the phone call.

and yes indeed, keep EVERYTHING in writing.

1, Written letter today to Allied.

2, If i claimed back all my charges, they would owe ME, not the other way round

I downloaded the template from this site regarding claiming charges and sent it to them. But they said they 'couldn't find it' hence they 'misplaced' it

nickmack

EAGLET wrote: »

I downloaded the template from this site regarding claiming charges and sent it to them. But they said they 'couldn't find it' hence they 'misplaced' it

Did you get a Signature on Delivery?

BeenieCat

nickmack wrote: »

Did you get a Signature on Delivery?

My sincerest apologies for being OT here, but Nick i am trying to PM you, your quota is full, can you delete a msg please?

nickmack

BeenieCat wrote: »

My sincerest apologies for being OT here, but Nick i am trying to PM you, your quota is full, can you delete a msg please?

Try now please (I'll delete your post and this reply shortly)