I presume from your early comments that you have penalty charges on this account which can be reclaimed but I cant see that you have yet. It might be worth recalculating the reclaimable interest on these charges to see if they now outweigh the debt. (On the off chance that Lowells start a claim, you could simply respond with a counterclaim and blow them out of the water) I waited until my debt was six months off SB- then hit them for the charges + 12 years of interest. I now go to Tescos in a very fast, very rare, hand built classic sports car...

Yes, they told me they don't have the authority to sort this out and I would need to contact the head office. Which I will now do.

Well, I suppose I'd better correct the typos, tidy it up and send that LBA to Nationwide's legal department...

How about this? The tenner has allegedly been refunded, though I have yet to see evidence. 30 April 2013 Re: A/c no: xxxxxxxxxxx 　 LETTER BEFORE ACTION Sir, I write with reference to the above account concerning paid item fees of £60 and an unauthorised overdraft fee of £20 levied to this account. I contacted your customer services in November 2012. You assured me that as a gesture of goodwill, these fees would not be levied. The telephone call was recorded by myself, no doubt you also have a recording and screen notes made by customer services at the time. Contrary to any goodwill gesture, these fees were in fact levied on 9 January 2013. I acknowledge that two paid item fees of £15 each were refunded. This leaves £50 which I was assured would not be levied and which I require to be refunded forthwith together with interest at the contractual rate. I also require removal of any negative data which you have processed to any third parties including CRAs. You are under a statutory obligation to treat customers and communicate with them fairly. I do not believe that this has occurred in this case and that you are in breach of your obligations to treat customers fairly as required under the Banking Conduct of Business (BCOBS) Regulations 2009which have been introduced by the FSA under the Financial Service and Markets Act 2000. Accordingly, I must inform you that you must refund all charges and that you must engage with me meaningfully to resolve this dispute in order to avoid and further serious breaches. I note that, purely due to the unlawful levying of the early charges, you forced my account into overdraft once more in April 2013 and no doubt you will levy further charges under this deception. The subject of our dispute When I made withdrawals you had two options. In the first instance, you were entitled to treat them as a request for an informal overdraft and to refuse my request, or alternatively, you were entitled to tear my request as a request for an informal overdraft and to accede to that request. In the event you chose the later 　 I would point out to you that under BCOBS you have a statutory duty to treat me fairly and have regards to my interests. It is clear that by deciding to pursue the course of action which you did acted completely against my interests and completely in you own interests in order to maximise your opportunity to apply unfair charges against me in order to maximise your revenue stream. This is an illegal act due to it being contrary to your statutory duty under the Financial Service and Markets Act 2000. Although the recent test case did not hold that un-arranged overdraft fees did not fall to be assessed for fairness by the OFT- and this is all that the test case held- there was no reference at all made by the Supreme Court to paid item fees which can only mean charges which have been levied to provide a revenue stream to the bank exceeding the cost to the bank of paying the item. In effect cross-subsidising so called “free banking! To other customers. As referenced above, in contradiction of your “goodwill gesture”- for which I retain recorded evidence- you applied charges on 9 January 2013 and I understand that you are preparing to levy further charges in the near future. I object to these fees because it is your own charges levied against me in January which put me into overdraft in April. It is your charging scheme, it was designed by you, and it is intended to soley to provide a revenue stream for all parts of your personal account operation. Therefore your imposition of these charges on me cannot be said to be “unarranged” You have imposed these charges against me deliberately, in full knowledge of the state of my account and for your own purposes. It can never be said that the brief overdrafts on my account was in any way unauthorised or un-arranged. I need hardly point out that any reasonable person would regard treating unauthorised borrowing charges as themselves unauthorised as inherently unfair. Furthermore there is no contractual provison in you terms and conditions which allows you to treat your own charges as unauthorised borrowing. This means that there is an ambiguity in you term s and conditions which you have decided to interpret in your own favour and against my interests. This is a violation of your statutory obligation under BCOBS, which require you to treat customers fairly and have regard for their interests, in addition to your obligation to communicate fairly. I remind you that I retain recorded evidence of your assurances that charges from November would not be applied. 　 I look forward to you positive response. In the event that you give me no option but to resort to law, interest pursuant to the County Courts Act 1984 will be requested in addition to my court fee.

Oh yes, bankfodder, I can assure you that I will be using BCOBS. Its about time we gave them a run for our money with this weapon. I may as well challenge the unsolicited upgrade while I'm at it. I specifically asked for a basic account without the danger of o/d charges as I've no need of overdraft facilities anyway, just a debit card. The staff, I remember were very enthusiastic that I should take out a credit card as well. After the rings I had been running round Sharkleycard over the last few years with the help of CAG, I thought to myself - "Poor innocent fools, I'm noomill, baby, are you really sure...?" Anyway, I declined their kind offer of another instant debt card. The ATM is the one outside the NW branch where my account is held

Oh, I went in to complain about the tenner at the time. They gave me a form to fill out, which I did and have heard nothing since. I did however get an offer of free travel insurance, which may or may not be connected! I have a recording of my phone conversation with them. A SAR isn't worth it, the claim will only be £60 or so and Ive never had the SAR cost refunded. If they retract money from ATMs, the least they could do is automatically recredit it to the account it came from, as other banks (RBS) do. Simply keeping it for themselves is just theft pure and simple. "Oh look, a tenner, we'll have that"

Last November I went overdrawn on a Flex Account Plus. (I hadn't asked for the upgrade, just got upgraded automatically after 18 months, couldn't be bothered telling them not to bother) Phoned Nationwide CS, the lady I spoke to told me there were some charges to be applied and these would appear on the next statement- December 2012. Doh! Without prompting from me, the lady then told me, that as a goodwill gesture, she would ensure that I wouldn't be charged after all, if brought the balance into the black the next day, which I did. I phoned again the next day, to get them to confirm that the charges wouldn't be applied and the person I spoke to assured me once again that I hadn't imagined the previous evenings conversation and that no charges would be applied. This time I recorded the conversation. I checked December's statement and true to their word, no charges had been applied. However, on January's statement there they were, but with no explanation as to where they came from... Also, last week I drew £10 from the cash machine outside my branch, at the same time I got a mini statement from the same machine to check my balance. While I was reading it, the machine took my tenner back! The tenner was not recredited to my balance. At least Dick Turpin had the decency to wear a mask. I don't consider that I have been treated fairly and intend to sue for reimbursement for both the above using BCOBS.

Did we ever find out which DCA it was?

This isnt a platform for davewright to speak his mind, you are trolling. CAG is for the vulnerable and those scared witless by the oppressive world that Britain has been allowed to become and its going to get worse. People need to know they dont have to take this carp. By reading Ian's story, others who find themselves in the same situation wll know that it is the shop that has to back any evidence of intent to steal goods, rather than the shopper having to prove otherwise. There is more going here on CAG than you think dave. Very few Caggers will contribute, but this thread and all the others will eventually be read by many thousands of people, some Caggers and some guests looking for advice and information and you have no idea what is going on in their minds or what drew them here. Best to save speaking your mind and instead, make your advice non-judgemental, friendly and supporting OR simply keep your half baked opinions to yourself and butt out, unless you have something kind and useful to add.

Subbing. That dave blokes a bit on the loquacious side of verbage for CAG, isnt he? Yeah, lets all roll over and let the dudes in errrrrm... bullet proof 100% polyester hi-vis jackets kick us around! No- stand your ground and show them their true position in life, like that ASDA (SELF SNIP) is now discovering.

Ok, a liitle late in response but I would like statutory references, please. "and bank overdraft and credit card penalty charges fall within this category" BUT they arent penalty charges, are they? The Supreme Court said so. The Banks won the Test Case by convincing the Supreme Court that their charges are a FEE for a SERVICE and that this service is a core to their business bringing in billions every year. Damn right they should be paying VAT and issuing VAT receipts. Its now not a trivial amount like interest on a loan, they state its a definate service they provide.

Hi shelley, Ive been down the Sharkleys PPI road and also crossed swords with them on other issues. They really, really dont like meeting judges and will do anything to avoid meeting one. They will pay up in the event that you go down the Court route. Your total amount including contractual interest seems rather on the low side.

The PPI may also have been mis-sold, despite paying out. If so you can reclaim all premiums and interest on those premiums.

There may also be £20 penalty charges which have been added to the SLC debt which will need to be removed, in addition to payments you made in error. You may wish to consider legal action against SLC or whoever owns the debt...and at the same time get a declaration from the Court that you were not liable for repaymants and remain so.

If this isnt a joint account, how about charging them per minute for wasting your time (just as the guy who was plagued by PPI reclaim company did) He told them he would charge them £10 per minute then recorded each call until they had wasted 19 1/2 minutes of his life, then issued invoice for £195. When they didnt pay up, he sued them and they settled in full before the matter came to court- and stopped hassling him. (Hi slik, how goes it?)

I presume your signature is on the Sharkleycard application form...? Its an application form, not a credit agreement, by the way.... ;-)

Barclaycard added their unlawful charges to your debt balance and then added interest to the total amount owing- so unlawfully inflating the amount you "owe" and which you have unwitingly been paying. So clearly they have profited from their unlawful charges and you want it back- every penny. Why leave then with your moneywhich they arent legally entitled to? And yes, they will change their position once they are facing legal action which they know they cant win. They will be very keen to make an offer of settlement for the amount to avoid having to explain their unlawful charges to a judge. They are not scared of you or me, but they are terrified of judges!

Hi bunaki, yes you need to specify your local court. Cant help with your other questions, but others will be along soon.

Subbing with interest

Please realise that there are gangsters, chancers and spivs at all levels of business.

Im sure Eioninion had a wonderful 12th, the view from the top of a bonfire must be spectacular- the flames raging higher, libations of Buckfast being quaffed in his honour and the traditional volley fired at midnight...

Hi fishy, When I got that letter from Lowell, that was the end of the matter. Lowell are the absolute bottom feeding end of the line for Barclaycard and as far as I am aware- it ends here. Its over. Forget about it- you're free. Of course, you'll now want to stick the boot in and claim your charges and PPI back from Barclays...

You have a message.

Im in Northern Ireland, the claimant gets a copy here- clearly a different proceedure in this jurisdiction.