Can I charge Nationwide for stealing my money!?

fattyamal

Just a quick rant really, I switched my mortgage from the Nationwide to the Skipton on 30/09/07 but on 02/10/07 they still decided to take my £750 'old' mortgage payment as usual! Thanks.
I duly complained the same day that they had taken this without authorisation (and I even called it theft) - they apologised for the mistake and promised to refund it.

Cue today (the 15th, 13 days later!!) and after several further phone calls and 2 secure emails they finally refunded it to me after I quoted the Banking Code and threatened to report them to the FSA!!
I went overdrawn, couldn't use my own money to do things that I wanted to do (lucky I had a credit card, otherwise I wouldn't be eating!!) and basically it took me complaining to actually get my cash back.

Can I charge the useless buffoons some sort of "daily theft fee" for nicking my money!? Inconvenience charges so to speak, because I know they would do that to me!!

Anyone ever been successful in doing this or should I just give it up?!

Cheers.

Mark7799

Was it a direct debit payment and if it was (and you spotted it on the day they took it) why didn't you just ask your bank to invoke the direct debit guarantee?

Homework

Had you cancelled the direct debit?

If you did then you do have very good grounds to complain.

fattyamal

Ah, I see, I needed to be clearer I think.
Nationwide ARE my bank and sadly it was not a direct debit - just an "internal transfer" which goes automatically from my current account with them to the mortgage account, which of course had been closed.
(Normally I would've cancelled the direct debit upon completion date, but I couldn't do this as it wasn't a DD!!)

Dozy Nationwide wuckfits.

regularsaver1

so was you an internal transfer that you were in control of? is there a reason you did not cancel it then? it was pretty short notice though

transfer you are sending the money, dd they are taking it

Dylanwing

Perhaps a polite letter explaining the problems, service failures and amount of calls it took to get action might be more effective. Keep your claim reasonable and realistic and they might make you an offer. It probably won't be a lot, but you might at least get a proper apology.

dunstonh

I quoted the Banking Code and threatened to report them to the FSA!!

If you are trying to scare them, that will not do it. The FSA will forward any complaint you make back to the Nationwide as they do not handle complaints.

It is normal when changing lenders close to repayment time for this to occur. Indeed, mortgage brokers will normally point it out to you (if you use one). As will a solicitor, if you use one, to handle the remortgage.

Did either your mortgage broker or solicitor let you know this may happen?

Milarky

fattyamal wrote: »

Nationwide ARE my bank and sadly it was not a direct debit - just an "internal transfer" which goes automatically from my current account with them to the mortgage account, which of course had been closed.

Sorry but that's your fault then. The 'internal transfer' is actually a payment made from your account (i.e by you) at your own request. Nationwide, as your bankers, processed that request it appears. The fact that the payment went to a now-closed account would have led to Nationwide, as your former mortgage provider, getting in touch with you at some stage to query it. You can cancel an internal transfer like this one up until one day prior to its payment - up until 30/09/07 in this case. The system won't let you amend a payment due the following day I'm afraid so it also appears that you would have had to be quick and cancelled the arrangement manually on the same day as you moved your mortgage. I can understand you seeing this as all Nationwide's fault but as a bank customer - who does not use a direct debit to pay their mortgage (and there's no reason anyone should) you need to recognise where the true control of the process lies.

[So technically, no, you can't charge Nationwide for stealing money that was yours because you had given them instructions to 'send', but not 'take', it]

Rafter

..... however, I'm sure if you write to customer service and say how you were out of pocket, particularly if you incurred charges and interest on your current account with Nationwide, I'm sure they will refund you as a gesture of goodwill. After all you technically had a credit balance with them on your mortgage account.

R.

fattyamal

Thanks for the responses, an interesting range.
I cannot agree that it was my fault as there is no facility to cancel the transfer, not online anyway. DD's and Standing Orders yes, but not this payment.
I did not ever set up this automatic 'transfer', they organised it when I opened my bank account with them 6 months ago.
(In hindsight, I suppose I could've telephoned them the Monday morning and asked them to please remember not to take my money, but as a customer I don't think I should have to do this.)

And, of course, the other point is that once I told them their mistake, it has taken them 13 days to refund me - a bit excessive no?
Funny how once I started to really complain yesterday they amazingly credited it there & then!! Why didn't they do this when I first asked them on the 2nd!!

I don't want to complain for complaints' sake, but I will send them a polite letter suggesting they assist their customers better in future and to ensure they don't charge me any overdraft interest which I know they will!!