Hi, A few years ago I put in a claim for my overdraft charges to be refunded. Like a lot of other people my case was frozen during the OFT ruling and then null and voided by the judgement. For a large portion of the period 2002 - present I was suffering from ill health and claiming benefits, punctuated with sporadic periods of employment. In 2006 this got worse as i suffered the loss of a family member which cause me to have a nervous breakdown. The only money I had coming in was my benefits, and my overdraft charges were paid with a portion of my state benefits (which is just what the law says I need to live on). Because of this I have fallen behind with rent on more than one occasion and actually had to move because I couldn't afford the rent. Any paid employment wages I got was swallowed up by my overdraft fees. I am still about 2 months behind with the rent. My question is what is the best way I could I word this in a hardship letter? Thanks in advance.

I also got a letter today from Natwest, saying basically the OFT test case found bank charges to be fair (they haven't) , if I'm dissatisfied I can complain to the FOS and if they don't hear from me in 8 weeks they will consider my case closed. What about sending the letter from Govan Law Centre to stall them? Or is it best to wait until there's some more worked out argument and begin again?

Some of my experiences here, I am a lot more clued up now than I was when I posted this. http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/116747-carperbagger-yorkshire-bank-club.html Basically YB refused to give me refund on the grounds that the account is not governed by the consumer credit act because it is a business account. Even though it is a club account and I therefore cannot speak to a business adviser when I go in the bank!! Also it is a club account which no-one at YB can give me any terms and conditions for because they seem to have discontinued them. My main problem is that YB also couldn't manage to change the account over into a new name when I took it over from the old chairman, and have lost the paperwork on every occasion. They even lost photocopies of mine and another person's passport page, talk about security concscious! So I can't even get money out at the counter because 'your signature isnt on file'. I also can't stop the statements being delivered to my old address under the old chairman's name, because they managed to change the address but not the name. I also pursued the matter through FOS, saying that the charges had breached common law, and just keep getting letters every couple months from the FOS saying YB are refusing to co-operate in any way over the charges case. The fact I have no access to my account seems to have been dropped by the wayside. It is so incredibly frustrating. I got a letter on the 11th December saying the FOS had asked the bank why it believes it has done nothing unlawful in behaving in the way it has. They told me the bank has submitted to them ' a large amount of documentation in support of it's argument which we now need to review in some depth. Given the complexity of the issues it is likely this will take some time, althought we will continue to keep you updated on matters as they happen.' I phoned up to asked what they were doing about the access issues with the account and was told that this is dealt with by the banking department not the business banking department, and will probably not be resolved until the issues with charges are. They said they'd try and fast track the 'other issues' but I'm not holding my breath. More when I know it.

Hi yourbank, thanks for getting back so quick, I knew it had been around a few months, I've been offered it once before back in June. Personally it wouldn't help me at all, well I get charged once a month if at all, a bounced cheque is £38, Management Fee is £10 plus £17 reduced fee, I save £1. Big whoop. All the charges are unenforceable anyway, so I shouldnt have to pay them. Thanks, I'm looking into this waiver business. However I'm still intrigued by the implications of this Management Fee, I'm wondering if the FSA is aware of this and what they'd make of it. I'm assuming signing up for this would jepordise any claim an account holder had going through the courts, because it looks to me like by signing up you agree the charges are fair and reasonable. "By signing I/ we agree that 4- The changes to the terms and conditions of my account set out in 'Personal and Private Banking- Keeping You Informed' dated 28 November 2008 shall take effect from the date of this application" In normal practice these changes are not due to come in until the 15th January and I havent studied what they say but I'm sure it's nothing friendly. A veiled attempt by Natwest to change customer's contracts of sale? May I suggest it would be a good idea to store a copy of this letter with the terms and conditions collection?

Hiya Star Scream, things go a bit quiet here over the weekends. Also most of the cases on here are dealing with individuals accounts, not business accounts, which is a whole different bag o fish and dodgy ground. I am no expert and I can't say for definate whether what they are asking is right, it doesn't really matter, but having had a dispute with Yorkshire ****, I have come to the conclusion that in terms of business accounts, banks can do whatever they like, however incompetant and unhelpful they are. Sounds like they're being proper arses, but in my opinion if you need the money and they want 250 invoices, give it to them! I can't believe they are going to look through them all, but if they want to play silly buggers just oblige them. If you get the invoices to them and they still ain't paying up, ring the Financial Services Ombudsman imediately and complain. Actually I'd do this on Monday to catch them before Christmas and tell them what is going on. Most importantly contact your mortgage provider and the car hire firms on Monday, tell them what is going on and ask them for some time to get the money to them. Make a part payment to them if you can, if people know they're going to get the money eventually they are usually more understanding. This is a long term last resort suggestion, but if this does force your business to go to the wall and the bank still aint paying up, there may be a way to pursue a claim on them through the courts for the money plus any other costs they've caused you to incur by owing you this money. I hope for your sake it doesnt come to that. Most importantly, don't panic and don't despair, just jump through their silly hoop, get printing those invoices pronto, send them off next day delivery and hope you can get it sorted before Christmas. Very best of luck!

Hi, is there anywhere people are discussing Natwest trying to gyp people into signing up with their 'Monthly Management Fee Option'? Who are the moderators on here? I tried Bankfodder but their inbox is full.

Count me in: Natwest, claiming about £1,800 with interest which is increasing all the time. Yes I do qualify for legal aid.

Hi Pward, sorry its way after the event, I dont know how you are getting on. You are in exactly the same position as me, and yes, you can reclaim these charges! I have Yorkshire Bank club account for a small not for profit organisation and they have classed it as a 'Non-standard Business account' You will need to reclaim them as a business, not as an individual, so you rely on well established Common Law, not Consumer law as you would in the case of a personal bank account. This thread here explains exactly what to do and provides template letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html Alternatively to taking them to court you could get the Financial Ombudsman to sort it out, as business claims are not affected by the banks Court Case being heard at present. They wont get you any interest on the fees though, to do that you have to go to court. Hope this helps, only 8 months late!

Found out the hard way, they dont have any "better instincts".

Previous information is untrue, as well as claims not being stayed, you can go to the Financial Ombudsman for business account charges and get them to sort it out. Obviously you wont get interest etc. I got a letter through on the 27th Feb from Yorkshire W*nk. They still hold the charges are not unlawful but they informed me "It has been determind that business accounts are not covered by the proceedings taking place in Court. As a result if you do not agree with our conclusions you may be able to refer your case to the Financial Ombudsman" Phoned up the FO and they've taken it on, so I have to file my complaint to them now. Good if you've got a small amount to claim against YB.

I had exactly the same letter. I don't know how to take it, I feel this is just an aggressive stalling tactic, although I'm sure there are ways it's different to reclaim charges as a consumer than a business. However, our business is a not-for-profit unincorporated organisation, an as unincorporated partners do not have the protection of an incorporated company I would have thought they could claim as individuals. I'm afraid you wan't get anywhere with the Ombudsman at the minute, they have their hands tied until this test case is heard. I phoned them but they're not taking any more complaints until it's settled. I'd watch out for lots of nasty letters from Yorkshire W**k after this, they started gogin on the attack and heaping on the pressure straight after I sent them my request for payment. Dont give up though, hopefully we'll get these swindlers! Can someone more knowledgable please advise us what the next step is now? The playing field keeps changing!!:-|

Ok, that's put my mind at rest. Will forget about the Social Security act and just go ahead and file my claim using that POC. Very helpful again, thanks Steven!

I hope someone on here can cheer me up. I've been suicidally depressed all week, because I have just found out that whilst I thought I was claiming incapacity benefit for the last 4 months, because I didn't send my sick notes in on time (because I am ill with stress and depression due to the death of my mum in traumatic circumstances, and having to sort out her probate on my own whilst also trying to raise a claim against Natwest) even though I did send them all in, and a medical questionnaire, and MED 4 form, they've cancelled my claim without even contacting me, so I will get NOTHING. And I have to start my claim all over again, and put in a appeal, which obvioulsy you never have a hope in hell of winning against these idiots. HA HA HA. You have to laugh. So can someone help me with this one pleease and cheer me up a teeny bit? I've just been given the new Particulars of Claim, located here: New POC for nAtwest I started filling them in, but I'm confused as to where I add information about claiming benefits and the Social Security Act 1992. What have other people put?

Have read through the new POC, but can someone please tell me how I personalise it by adding the following information about me claiming benefits and NatWest breaking section 187 of the Social Security Administrations Act 1992? In my other draft I wrote: 1.For a substantial amount of the period in which the account has been operating, the Claimant was unemployed and subsequently in receipt of Jobseekers Allowance and Incapacity Benefit credits and Income Support. The Defendant continued to debit charges and charge interest on these benefits during these periods. c) By taking these charges whilst the Claimant was in receipt of benefits as their only income the Defendant has contravened section 187 of the Social Security Administrations Act 1992, and such charges and interest thereon are therefore void and must be refunded to the Claimant SOCIAL SECURITY ADMINISTRATIONS ACT 1992 187- Subject to the provisions of this Act, every assignment of, or charge on- (a) benefit as defined in section 122 of the Contributions and Benefits Act; (b) any income-related benefit; or © child benefit, and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors. Help please, I wanna get this finished and out to the court- it has been draggin on a ridiculous amount of time!

This may be of some interest. It's for a Club account, which you can't get anymore but are a bit like a business account. No-one at Yorkshire W**k can find me the terms and conditions, can you or anyone help me? Carpetbagger vs Yorkshire Bank- Club account?