Query about refunds

FRANCISCO

Hello, i wonder if someone could answer me a question. I have been fighitng with the nationwide for over 2 months now for the refund of a £30 charge, i requested a refund under financial hardship rules and they wrote to me to say that i didn't qualify, since the hsbc refunded me charges under the financial harship rules, i asked to the nationwide to explain to me why didn't i qualify, to which they answer me that since the high court had decided that the banks charges were not penalties, they didn't have to explain themselves, to which i answer in writing that the oft case was based on utccr 1999 r 6(2) and i was asking for an explanation of financial hardship criteria and a refund under paragraph 2.18, page 12, section 140b of the unfair relationships enforcement action, part 8 of the enteprise act 2002, and they just answered to me that since they gave me a double refund by mistake on 2007, that will account for the refund that i am asking now, thus they don't have to refund it now, now, since that double refund was a good will gesture, they don't really have the right to request it back, mistake or no mistake, furthermore that would only cover a 4th of the money i have spent so far writing letters, calling them, etc, and they have still not answered my question about hardship criteria, it seems to me that they are just trying to mislead, misinform and avoid answering my questions and refunding the charge and that they are now scrapping the bottom of the barrel in order to find excuses not to refund the money, which i find quite appalling, really. So, my question is, a good will payment in the past, for the right or the wrong amount, cannot be used in order to avoid repaying charges in the present, isn't it? I don't seem to find much information on this matter and the opinion of my lawyers seem to be divided...does anyone have any clue?

natweststaffmember

FRANCISCO wrote: »

Hello, i wonder if someone could answer me a question. I have been fighitng with the nationwide for over 2 months now for the refund of a £30 charge, i requested a refund under financial hardship rules and they wrote to me to say that i didn't qualify, since the hsbc refunded me charges under the financial harship rules,
You may qualify under financial hardship with one provider but that does not mean that you will qualify for it with a different provider and for £30 I would be surprised.

i asked to the nationwide to explain to me why didn't i qualify, to which they answer me that since the high court had decided that the banks charges were not penalties, they didn't have to explain themselves,
They do not have to explain themselves on financial hardship to be totally honest with you.
to which i answer in writing that the oft case was based on utccr 1999 r 6(2) and i was asking for an explanation of financial hardship criteria and a refund under paragraph 2.18, page 12,
Paragraph 2.18 page 12 of what?
section 140b of the unfair relationships enforcement action
Section 140b of what? Do you mean Consumer Credit Act?


, part 8 of the enteprise act 2002
you are not an enforcement agency or regulated body
, and they just answered to me that since they gave me a double refund by mistake on 2007, that will account for the refund that i am asking now, thus they don't have to refund it now, now, since that double refund was a good will gesture, they don't really have the right to request it back, mistake or no mistake, furthermore that would only cover a 4th of the money i have spent so far writing letters, calling them, etc, and they have still not answered my question about hardship criteria, it seems to me that they are just trying to mislead, misinform and avoid answering my questions and refunding the charge and that they are now scrapping the bottom of the barrel in order to find excuses not to refund the money, which i find quite appalling, really. So, my question is, a good will payment in the past, for the right or the wrong amount, cannot be used in order to avoid repaying charges in the present, isn't it? I don't seem to find much information on this matter and the opinion of my lawyers seem to be divided...does anyone have any clue?

To be honest a lot of your post I have no idea what you are talking about. See my signature and it's part 9 on the Lending code(link is provided).

One last question, did they refund you twice?