PLEASE READ ! FSA site states only OD charges are covered under waiver

kevin2101

Need some advice as I think we should have a case or should be able to claim back unpaid direct debit item charges.

When a direct debit is returned unpaid the bank do not put your account into an unathorised overdraught, it is the charge that they make to you for the unpaid direct debit which puts you in to an unautoriesd overdraught. There is a seperate charge for this "an unathorised overdraught charge"

i.e. £30 unpaid direct debit & £35 Unauthorised Overdraught

My point here is if the bank paid the direct debit then I would not have 2 charges just an unauthorised Overdraught charge, which at the moment I can not claim back as they have been waivered by the FSA.

However an unpaid or returned Direct debit charge is totally different. I have contacted the bank however without som much as looking into this they have told me that in the operators opinion they are on in the same.

To back up my point a little here I have included a link to the money made clear website and an extract from the page. The part I find interesting is outlined in red.

You will need to take the spaces out the forum would not let me post a live link as a new member.

h t t p:// w w w . moneymadeclear.fsa.gov.uk/news/product/unauthorised_overdraft_charges_test_case. h t m l

Complaints and FSA’s waiver

What is the waiver?

We granted firms a waiver so that they do not have to deal with complaints about unauthorised overdraft charges in the time specified under FSA rules. In effect banks and building societies can put customer complaints on this issue 'on hold' until the test case process is resolved.


The waiver applies only to complaints about unauthorised overdraft charges. Firms must continue to deal with complaints about other financial matters, such as insurance, mortgages or other complaints regarding their current accounts, in the usual way.

Perhaps its time everyone got back in touch with thier bank and query these charges. almost half of my charges are due to an unpaid direct debit. NOT a UNAUTHORISED OVERDRAUGHT.

The banks soliciters are drawing the cases out as long as possible and the goverment / house of lord may eventually decide that the banks don't need to pay them back at all because of the impact that it may have on the banks

Please reply with some feedback on this situation, and your views and opinions. I would like to raise awareness of this.

natweststaffmember

The definition of "unauthorised overdraft charges" is the umbrella in which all bank charges are covered(including unpaid items)
Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

natweststaffmember

"1. In March 2007 the OFT announced a formal investigation into the fairness of unauthorised overdraft and returned item fees (referred to as 'unauthorised overdraft charges'). This followed on from the OFT's initial review of such charges, where the OFT concluded that it shared the public concern about the level and incidence of bank current account charges, but recognised that applying the general principles set out in 2006 in relation to credit card charges is not straight forward."

http://www.oft.gov.uk/news/press/2007/106-07

see note 1 which I have quoted from the OFT test case announcement.

kevin2101

Hi I think I should switch to Natwest at least you can get a straight answer. I thought I was onto something for a second there. I hope all the staff at Natwest are as clued up as you are.

If HBOS had put it into the same light as you have I would not have spent over 6 hours on the phone to them between yesterday and today. Thier staff have no training on how to handle these calls. There best advice was to watch the BBC news for the result.

And when I questioned them about this they stated they dont know too much about it and they were searching google as we spoke and got thier info from the BBC website.

I'm just so angry that after finding out how much they have taken from me over the years unlawfuly, and also the length of time its going to take to reach a desicion and sort. The advisers at HBOS believe that the goverment will let them off the hook because of the state the Banks are in right now.

Thank you very much for the reply, and to answer your question Yes I do have priority payments, council tax, mortgage, credit cards the usual etc.

Kind Regards,

Kevin

natweststaffmember

Read my signature......they haven't a clue at NatWest

natweststaffmember

kevin2101 wrote: »

I'm just so angry that after finding out how much they have taken from me over the years unlawfuly, and also the length of time its going to take to reach a desicion and sort. The advisers at HBOS believe that the goverment will let them off the hook because of the state the Banks are in right now.
HBOS advisors haven't got a clue. A legal case is about the law and not what is happening to the banks. It is taking time but when we finally have a decision it will change the way banking is in the UK, hopefully to a fairer system of charging.
Thank you very much for the reply, and to answer your question Yes I do have priority payments, council tax, mortgage, credit cards the usual etc.
Credit cards aren't included in priority debt arrears however if you have charges on them then definitely go for them first cos they are easy.
Kind Regards,

Kevin

Don't switch to NatWest btw.

kevin2101

Thanks edited my post as you have answered the question already

natweststaffmember

kevin2101 wrote: »

ooops, I never read the sig. I guess you were asking about the important payments for hardship or something.

"I have not worked for NatWest Bank since February 2009"

A lot of people miss the bit above. Dismissed on 11th February 2009.

kevin2101

What were you dismissed for having a brain or helping the customer

Widelats

natweststaffmember wrote: »

"I have not worked for NatWest Bank since February 2009"

A lot of people miss the bit above. Dismissed on 11th February 2009.

Was it unfair dismissal?

natweststaffmember

Widelats wrote: »

Was it unfair dismissal?

no it was totally and unadulterated fair dismissal. I leaked info which ended up in the press. Fair cop guv'nor