Bank Charges Reclaiming Guide discussion

the_insider

markdsmith wrote: »

So you suggest making small payments to the debt collecting agency to cover interest that you were not told about on a debt you do not agree with and was passed to them without any consultation or notification?

Unfortunately, whether you agree with it or not the debt is there and will remain until FOS have reviewed the matter, which could take up to a year. If interest is being applied for that time and you lose the case you will have a much higher amount to pay. You say that you were not consulted about the account being passed to an agent, have the bank made no effort to contact you about it at all? Seems strange given the fact that you have an ongoing complaint. And unless they have sold the debt to another company they do not have to notify you that someone else is going to be acting on their behalf before it happens.

So I'm afraid I'm going to stick to my guns on this one and suggest again that you make token payments to the balance because it's in YOUR BEST INTEREST.

markdsmith_2

the_insider wrote: »

Unfortunately, whether you agree with it or not the debt is there and will remain until FOS have reviewed the matter, which could take up to a year. If interest is being applied for that time and you lose the case you will have a much higher amount to pay. You say that you were not consulted about the account being passed to an agent, have the bank made no effort to contact you about it at all? Seems strange given the fact that you have an ongoing complaint. And unless they have sold the debt to another company they do not have to notify you that someone else is going to be acting on their behalf before it happens.

So I'm afraid I'm going to stick to my guns on this one and suggest again that you make token payments to the balance because it's in YOUR BEST INTEREST.

I somehow think you have not read what I have written. It is now with the FOS and they have infomred me that the Nationwide have to reply by this Friday. They will then make a decision as soon as possible (as I stated they have called me directly). And no, Nationwide did no inform me they were passing this on to a debt company otherwise I would have been expecting the call wouldn't I! I have spoken with the debt collecting company once I received the letter so have not ignored the situation as you put it. So no I will not be paying the interest.:mad:

the_insider

You asked what your next step should be. I think you're best off paying at least something. No need to get snotty about it.

And you say that FOS told you that the bank had until 26th to respond right? From your post I get the idea that they have made a request for the case file and that they have until the 26th March to send this to FOS, not that the decision will be made on that day. It will then be allocated to an adjudicator and they will look into it. But I hope for your sake that I'm wrong and you get back all the money on Friday.

markdsmith_2

the_insider wrote: »

You asked what your next step should be. I think you're best off paying at least something. No need to get snotty about it.

And you say that FOS told you that the bank had until 26th to respond right? From your post I get the idea that they have made a request for the case file and that they have until the 26th March to send this to FOS, not that the decision will be made on that day. It will then be allocated to an adjudicator and they will look into it. But I hope for your sake that I'm wrong and you get back all the money on Friday.

I'm not getting "snotty" as you put it. It has been given to a claims handler, that is who called me and she stated she would make a decision ASAP as per my post. Why else would they call me? By the way, I never asked what my next step should be, I am just updating people on here who asked to be kept updated with my case.

the_insider

markdsmith wrote: »

Update on my case. I received a rejection letter from Nationwide stating that although they are "sorry to hear about your current circumstances" they "have to be fair and consistant" in their approach. They claim ""we believe you have suffcient income to cover your essential monthly expenditure".

They now say I should deal with the debt collecting agency KKPR.

What's my next step? There is no way I can afford to pay back the money they are claiming.

The overdraft is £1800 and I'm claiming £2950 + interest in charges (going back to Jul 07). One of the criteria for hardship cases is if you incurr more than £500 a year in charges. Is this correct? Please help.

Update 2: re-approached Nationwide by phone and letter and they are sticking to their guns. Tried the route that the charges caused further DDs to bounce thus causing additional charges hence causing hardship, but they just said "you should've changed your DD dates then". :mad:

Now with the FOS to see what they can do. From my statements it clearly shows their charges coming out caused this vicious circle. Now banking with A&L with no problems as I'm out of the cycle. Problem is, the O/D with Nationwide still stands so I need to get this wiped out. Has ANYONE had any success against Nationwide via the hardship route? :think:

Update 3 - After sending letters to the FOS, they contacted me firstly by letter dated 11th March, then I had a very nice call from a lovely lady from the FOS by telephone to explain the procedure and that Nationwide have until 26th March to respond.

On Saturday 20th March I had a call from a debt collecting company saying the debt was now with them (£1,840.41 with intertest being added) but they would accept £1,000, like I have that sort of money hanging around! I had never heard of this debt collecting company so refused to give details and asked for the information in writing, which they were not happy about. I received this letter on Monday 22nd March so I called them immediately saying I would not pay anything until the FOS had made a final decision. They weren't happy, again, saying I should pay or it may go further. I refused to pay anything again stating that the FOS were involved so nothing would be paid. They didn't believe me so I said I would copy them the FOS letter and send them an explanation of my case. I will also be sending this to the FOS.

Funny that this was given to a new debt collecting agency just after the FOS got involved!

I will keep you updated.

Sorry, you did ask what your next step should be. Like I said, I hope I'm wrong and that you get back your charges this week like you said but in my experience it will take a little longer than that. Over and out.

markdsmith_2

the_insider wrote: »

Sorry, you did ask what your next step should be. Like I said, I hope I'm wrong and that you get back your charges this week like you said but in my experience it will take a little longer than that. Over and out.

DUH! read the quote my friend. initial comment stating they had passed this onto KPR Debt collecting agency (at which point yes I did ask what my next step was). This was a while ago, followed by update 2, followed by update 3 where I inform the readers that it has now been passed to a new debt collecting agency whom I had never heard of! I did not ask what the next step should be in update 3. Re the length of time it is going to take to be resolved, I'm only going by what the woman form the FOS said to me on the phone and as she is my adjudicator I have more reason to believe her than your good self. :wall:

Please read the thread properly if you are going to comment. I do agree that if you are told the debt is going to accrue interest until it is resolved, then you should at least pay off this accrual. But when you are not informed that A your debt has been passed to a new company and B that new debt company has added additional charges (i.e. interest), then why should you. BTW the company have agreed following my telephone call on Monday that no further charges will be added.

natweststaffmember

Mark, if the amount of the debt is with the FOS then there is a formal dispute and Nationwide should not really be passing the debt onto debt collection. I would make sure the FOS are aware that while they are replying to them that they are also passing on the debt to a DCA in spite of the fact you dispute the amount and are disputing it with the FOS, Once the FOS has given a decision you should ask the FOS to make nationwide aware that you will only deal with them and not a DCA.

Babatree

I have been following the guide on the site, and am now pursuing the Human Argument, (i.e. I was suffering financial hardship) to reclaim my Bank Charges.
However, I have had a reply from HBOS and they are asking me to complete a financial statement for the current time!

My circumstances have changed substantially since the period I complained about, (9 years ago), does this mean I can no longer claim my charges back because I have worked hard and managed to improve my financial position despite the banks efforts in 2001-2007?

home0000

Hi,

Does anyone know where we stand if the bank didn't reply within the 8 weeks deadline?

Thanks

lkphtyson1

Plz can someone help me on wat to do next in the fight to get my bank charges back. I had about a month ago sent the new letter which was available to download from this site claiming financial hardship. Which Barclays bank replied saying they were sorry i was in this situation an that someone would contact me within 10 days. That was about 3 weeks ago.So i wanted to know wat the next step i should take. Many thanks:j