Nat West Rejects New legal argument

smithp

There is a case to be heard at Glasgow Sheriff Court in June according to an artical yesterday on BBC news. This involving Govan Law Centre and Bank of Scotland. Only wish the judge had set the date earlier

smithp

So if I take this to the FOS and argue that I think Nat West were wrong to dismiss my financial hardship claim and provide copies of all paperwork sent to Nat West. Would this be my best chance of success ?

chrisharri

smithp wrote: »

So if I take this to the FOS and argue that I think Nat West were wrong to dismiss my financial hardship claim and provide copies of all paperwork sent to Nat West. Would this be my best chance of success ?

Yes probably. However, I am in the same situation with Natwest as you are. I recieved the same dismissal letter that they sent you. I then went through it, paragraph by paragraph and challenged each paragraph, as they did to my letter. I have today recieved a hand signed letter stating that they are looking into my compaint and will be writing to me within ten days.

hicskis

My understanding is you must argue both the legal element and the human one. I enclose a link to sample letters at Govan Law referered to in the posts above to help explain this.

http://govanlc.blogspot.com/2010/01/unfair-bank-charges-free-help-to-amend.html

The court case to which you refer (or other cases) will probably be tied up in the courts for years. I do not personally see favourable outcomes coming from the FOS and I do see the banks defending these new arguments vigorously - an indication of how the banks position will be is set out paragraph for paragraph in the letter you have received.

However - if enough people clog up the system like the last time.......then.......who knows.....how government will react.

Fight on.

smithp

I have sent Nat West a reply to their letter today challenging their dismissal of my financial hardship and also put across my points from the human argument. Will have to wait and see what they come back with. If anything I would assume that this will strengthen my claim if I need to go to the FOS.

natweststaffmember

smithp wrote: »

I have sent Nat West a reply to their letter today challenging their dismissal of my financial hardship and also put across my points from the human argument. Will have to wait and see what they come back with. If anything I would assume that this will strengthen my claim if I need to go to the FOS.

Make sure you are not questioning the price level based on Regulation 5(1) and the grey list (e) because that argument is about price and disproportionate charges which is excluded. Your argument is based on whether what the bank did was

"5. – (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer."

So for example, multiple considerations leading to an excess of the overdraft could potentially be regarded as a significant balance.

smithp

So what's the chance that Nat West will reject my human argument too even though in my view I have met the financial hardship criteria. Shortly after they said I was not in financial hardship they turned down a loan application I submitted so surely this is contradictory and could it strengthen my claim ?

Premier_2

Lend us a ton will ya, smithp?

No? Oh I must be in financial hardship too!

danmc77

Acoording to the BBC News website, the complainant was given permission to amend her claim in light of the supreme courts decision (Despite objection and arguments from the banks solicitors). The case is due to go to full trial on the 11th of June.

esmerellda

Key part is ''given permission to amend her claim''

The claim has been amended and they are waiting for the defence from the bank. There are a number of other cases (in england) who have also gone through hearings to oppose the banks strike out in the same position (permission to amend and new POCs entered). Once defences start coming back we will all have a much clearer idea of where we are heading.