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Bank charges and financial ombudsman

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I'm after some advice.
I started a claim against natwest for upgrading my account back in 2003, and charging me a monthly fee without giving me the option of keeping my original account.
I have also been overdrawn for roughly 10 years, so have to pay back interest on top of the monthly fee, so totalling about £40 a month.
As the account said I had an arranged overdraft. I didn't realise I'd be charged monthly. Naive, yes, but I wasn't in a position to get out of the OD (still aren't).
Anyway claim went to the financial ombudsman as natwest did not get in contact with me at all when I went through the resolver claim process.
Yesterday I received the FOs decision and they say natwest are claiming the time for complaint had passed. And that I had received a 'notice of variation' on 18 January 2013, which informed Me of changes to the mobile insurance cover, and that the letter also reminded me I could choose to switch or close the account.
And because I made the complaint 3 months after this letters expiry, my complaint is too late. I did not know I could bring a complaint about my bank, I probably didn't read the letter properly, or understood it fully. But over the last 10 years I've felt swamped by my overdraft and utterly helpless.
They say unless there's exceptional circumstances they cannot pursue my claim. Only the part where since I raised this complaint with natwest in April, they have since been charging me an exra £6 a month for an arranged overdraft fee.
Is there anything I can do?
How do I get out of my overdraft when I don't have the money to pay it off?

Help please

Comments

  • dunstonh
    dunstonh Posts: 119,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yesterday I received the FOs decision and they say natwest are claiming the time for complaint had passed

    That is the case with most packaged back accounts. The FOS only uphold around 11% of packaged accounts. Its very low.
    And because I made the complaint 3 months after this letters expiry, my complaint is too late. I did not know I could bring a complaint about my bank,

    That would indicate that you didnt have a problem until someone encouraged you to think you had a problem. That is why timebars exist.
    Is there anything I can do?

    No. Its game over.
    How do I get out of my overdraft when I don't have the money to pay it off?

    Basic answer is to not put yourself in that position in the first place. However, that is different to what your complaint was about. If you feel you are in hardship then maybe you should ask them to look at your borrowing charges under their financial hardship criteria. However, hardship does mean hardship. It doesnt mean heavy living expenses and debt built up through consumer spending.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    If you have been overdrawn for 10 years and paying around £40 a month in interest that is a total of £4800!. I bet your overdraft is less than the fees you have paid!.

    You need to get a grip on your finances make sure you understand everything before you agree to it and start cutting back on what you are spending so you can't start paying off your overdraft.

    There is no excuse to have an overdraft for 10 years that is just poor money management and living beyond your means.
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