There seem to be two important issues you didnt take into account about your case.

 

Firstly the OFT guidelines are GUIDELINES they are not the law. The Court is only concerned with the law, they can be influenced by statuatory bodies guidelines but they don't hold any legal standing.

 

Secondly you've found out a core problem people use to avoid debts. "I didnt get the letter". The courts only require evidence of SENDING, not receipt as it is assumed that letters are received. Given your argument was that many letters were not received (seems every letter the other side claims you claim never arrived) which in a judges eyes will quickly flag you up as unreliable as a witness - that alone will destroy your case.

 

The most surprising part of the judgement is that the judge decided the early termination charge was a financial penalty and unenforceable, did Lowell's barrister not argue that it was in fact what it is - recovery of the "phone subsidy"?

well then the phone is not FREE it should be advertised as included in price of contract misleading in my view

bump

signed

Hi fellow NatWester's

 

I recently dropped out of University and although I had a Student account, when I started working I opened a current account with Natwest. I arranged for my wages to go into my Student Account originally and everything was fine. Whenever I put something on my card it always showed on my available that it was waiting to come out. i.e. if my balance was £100 but I had spent £50 of it my 'available' would say £50...anyway, that was all fine and perfect.

 

Recently changed my wages to go into my Current account as Student account is due to expire soon. However, now, any transactions I place on that card obviously, do not come out straight away, but they don't tell me my correct available balance. It was only tonight I realised this as I was checking my online balance and I noticed I had overdrawn by £19 and there was an extra charge of £28 for overdrawing without an 'official' overdraft. So, although my account said I have £100 available I actually only had £50 at the time of my purchase (which I then went and spent £69 resulting in -£19 in my account)

 

What I want to know, is is anyone else having the same issue where it's not telling you what you have taken out and not giving you your correct balance?? And also, how did you fix the problem. As I said, my student account always showed me the correct amount and to be honest I'm really angry this new current account isn't, as I am now oweing them money when it was their fault to begin with!!

 

Would be greatful for any replies/solutions!

 

Thanks

i aggree IMHO bank computerised systems are written to give you MAXIMUM chance of generating charges. and when you compain they will allways have an answer to make it your fault. hopefully someone will be able to advice you soon.

it is with the rights of banks not to want to do bussiness with you but they would ned a court order to sieze my assets

a bank is not allowed to take money from another account to pay a DD and a basic bank account is unsecured so they cannot tie up another bank account to act as security

The bank is owed money(as they see it) and so they have every right to stop the account to get an arrangement in place, nothing should have stopped you from paying money into an account though, so not quite sure how that stacks up...since branches should be able to take money with account number and sort code.

yes but they did not tell me that they were doing this and it breaks debt collection guidelines whilst in dispute.

i will not let you have your money unless you arrange to pay the money you owe me is blackmail so no terms and conditions in contract can break the law

I have 2 basic bank accounts with a bank and i am on benifets.

i dont want to go into details of which bank at this stage.

1 account is overdrawn (100%) charges, the bank has now stoped access to these accounts other is in credit.

i cannot access a balance at a till. the automated telephone service just says nil. these accounts are not showing on online banking.i had small amount in which i needed over a weekend but i was not allowed access to unless i made an arrangement to pay the other amount.

i have now been charged unpaid item fee for direct debit that i could not put money in to cover, so that account is overdrawn now.

it is my understanding that this could be classed as blackmail, and if so no terms or condition in any contract is allowed to break the law.

any help would be very helpful.

Dicided to offer northern rock £230 to clear overdraft. thought it was a good price topay for a clean credit file.

The bank's could win however unlikely then i would be stuck for 4 yrs bad credit no thanks.

AGB what about sending a full access request under the data protection act 1998 it will cost £10 but they will have to send you all data, notes etc that they have on file for you

Hutchinson 3g

one settled

£100+ witten off

got a ref number from oftello

rung execative office with ref number

retailer had used a false address so i would pass a credit check which is illegal

as the banks will sign for the batch of recorded delivery letters not individual letters you will not prove delivery . special delivery have to sign for each individual letter

try reading this :

http://www.consumeractiongroup.co.uk/forum/general/86761-phantom-northern-rock-12-a.html

post 3 .

The Phantom claimed back 12 years

LBA delivered to bank branch requesting charges back plus default removal.

i am not at that stage yet read the thread The Phantom v Northern rock usefull info there:)

http://www.consumeractiongroup.co.uk/forum/general/86761-phantom-northern-rock-12-a.html#post809821

well done !

mobile phone contracts are not covered by CCA 1974 so they dont have to comply

follow advice on this site template letters etc(found under templates under main menu) . the terms and conditions relating to penulty charges are unlawfull (not illegal) so they cannot enforce them. if they were lawfull they would not be settleing claims. however they try to make you not claim so they tend to settle at the last minute.

i would claim for the charges back following the procidures listed on this site good luck with your claim take them to court or the banking ombusmen (they will be charged £400)

recieved list of charges today Defaulted for £468 charges total £490 so i guess the account would have been £22 in credit

letter off today requesting refund of charges.

some teenager takes a car drives extremely dangerously putting peoples life a risk they are punished less than if we are defaulted for £20

good idea have you considered sending a pertition to the prime minister:)

IT APPEARS NORTHERN ROCK WILL DRAFT A DEFAULT NOTICE IF IT HAS NOT BEEN SENT

i recived a default notice dated 06 September 2005 which was not signed so i telephoned them should it be signed. recieved copy of default notice with a variation signed p.p by someone else

telephone again passed on to manager who sent me a stamped CERTIFIED TRUE COPY and signed by the manager.

The first notice had a covering letter on the front

"please find enclosed a true copy of the origional default notice as requested"

the second and third was just a default notice BUT WITH ONE MAJOR DIFFERENCE THEY WERE DATED 6th September 2005

I THINK I MIGHT HAVE A CASE FOR FORGERY AND SHOULD ALSO CAST SOME DOUBT OVER THE ORIGIONALALITY OF THE DEFAULT NOTICES

IT APPEARS NORTHERN ROCK WILL DRAFT A DEFAULT NOTICE IF IT HAS NOT BEEN SENT

i recived a default notice dated 06 September 2005 which was not signed so i telephoned them should it be signed. recieved copy of default notice with a variation signed p.p by someone else

telephone again passed on to manager who sent me a stamped CERTIFIED TRUE COPY and signed by the manager.

The first notice had a covering letter on the front

"please find enclosed a true copy of the origional default notice as requested"

the second and third was just a default notice BUT WITH ONE MAJOR DIFFERENCE THEY WERE DATED 6th September 2005

I THINK I MIGHT HAVE A CASE FOR FORGERY AND SHOULD ALSO CAST SOME DOUBT OVER THE ORIGIONALALITY OF THE DEFAULT NOTICES

also sent a CCA request 28 days runs out today have only recieved origional default notices see next post

origional credit aggrement not sent so i guess they have 30 days then they are commiting an offence:grin: