Nationwide Credit Card and overdraft (N.I Belfast)

[citizenB]

Yes, I think that is your next move - the Financial Ombudsman

[Lilythepink]

Yes, I think that is your next move - the Financial Ombudsman

Have just done so. So at least it is another complaint done. I enclosed their final letter as well.

The next one is the PPI, which they refuse to refund.....

[Lilythepink]

I have another thread on here, but they have until 27th Feb to sort my complaint out. What has happend is that my sister had also to change her a/c and now they are recalling her overdraft of £2000, a lot of it charges, because she had to support me and pay the mortgage when I was off sick.

They refuse to communicate in writing, email or their secure messaging system.

They want her to ring them, and it is an 0845 number.

I have told her to tell them that she is not communicating by phone, and does intend to pay the overdraft back bit by bit.

What are our rights, as most likely they will be calling in my overdraft as well. As I have changed account.

[dx100uk]

sounds like a BCOBS complaint is in order here

 

dx

[Lilythepink]

I don't know why they are being like this, as I have already a complaint in about them putting charges on my a/c when only my dla benefit was going in. It is with the FOS.

[mawhite50]

 

Nationwide Building Society

 

Graham BealeChief Executive E-mailgjbeale2@nationwide.co.ukTelephone01793 513 513Websitehttp://www.nationwide.co.ukCompany Twitter@AskNationwide

[Lilythepink]

thank you very much, that is great, as the FOS says they are doing nothing wrong, as it is an overdraft that they are charging for. Have left them for another bank, and told the FOS to go ahead with a formal complaint. Will get in touch with that man if they come back with the wrong answer.

[mawhite50]

You are very welcome

[Lilythepink]

FOS reporting back to me about my complaint.

 

They say because of the Supreme Court ruling the banks are allowed to put charges on your overdraft,

when your only income is your benefit,

and that the information they got from the bank didn't say that I was off sick for a year.

 

Also the SSA does not say that they banks cannot put charges whilst you are obtaining benefits...

 

.... So cross, and I have the mortgage arrears, saying pay nothing to anyone else...

 

... Any HELP deeply appreciated....

[Lilythepink]

The Nationwide have been charging me on my overdraft which is ok when I was working, but whilst I was off sick, and only on £71 a week, they still charged me. I begged them as their charges were wiping out half of my benefit.

In the end I went to the FOS, which have now said the bank are within their rights, according to the Supreme Court Ruling and by the Social Security Act blah blah blah.

I can't see how this is right, anyway I have changed banks.

[Bazooka Boo]

Of course the FOS will find in the banks favour, thats who pays their wages..

 

Anyhow, banks are not allowed to take your benefit money to pay off debts, this money is the minimum amount the government claim you need to live on, so the bank is in the wrong.

 

You should now reclaim all of their charges including interest at their rate.

[Lilythepink]

The FOS quoted some Social Security Act, and the supreme court ruling.

But if I don't have the FOS backing how do I do this on my own, as I have tried, with help from CAG, but nationwide wouldn't budge. They also refused my PPI claim]]

[Lilythepink]

I was off ill for a year, and the Nationwide kept on putting charges on my overdraft, which the only payment going into it was my benefit of £71 a month. While I agree that I have to pay charges for my overdraft, I think it very unfair that they are taking half my benefit on which I was meant to live on, and put charges on charges.

 

What part of the SSA Act 1992, does it say that they are allowed to do this?

 

I have since went back to work, but the charges are still being put on, whilst I am struggling to pay my priority bills.

 

The FOS say that the Nationwide has done nothing wrong, and quoted this Act plus the Supreme Court Decision about charges. Should I go to the FSA?:

[Bazooka Boo]

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

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.

 

** inaliable = not to be forfeited.

 

I've no idea if this had been changed at all, but you do have the right of appropriation, what was their reason for not returning your PPI claim?

[Lilythepink]

I am back at work, and have left Nationwide, and will pay the overdraft off. I wanted to claim back the charges, as it was only a small amount that was going in to the account, and it was a benefit, ESA.

the PPI was turned down, they say, because I said I was in the Civil Service and got six months paid sick leave, and I never thought I ever would be off that long, so would never have taken PPI out, they say they have a recording of me accepting it.

[Bazooka Boo]

CAll their bluff then, tell them you want that recording.

[Lilythepink]

Was going to do that, as I would never have taken PPI out, as I knew they don't pay out for loads of things.

[Followme]

Did you contact the Nationwide the first time you hit a problem? If not why not?

 

I just had a problem with cash flow last month and ended up picking up some failed DD charges. I contacted them as soon as I was aware of the situation and explained in detail why it happened, why I could not control it, and a broken down account of all my finances. They were very helpful and understanding and refunded 50% of the total charge costs.

 

The charges are automatic so unless you inform a real person at the earliest opportunity then charges will keep mounting up.

[ukaviator]

Once a benefit payment is credited to an account it merges with the existing account balance, whether this is overdrawn or in credit. Under the terms set out in the Banking Code, banks are obliged to deal with all cases of financial difficulty sympathetically and positively. Customers who find themselves in difficulty should speak to their account provider about their needs in order to come to an arrangement to deal with their debt and safeguard their benefit payments.

[Lilythepink]

Yes I did contact immediately I knew that I was going to have a problem, they still adding the charges.

 

I have kept them informed, and told them the charges were putting me further into debt, but they insisted that they have to put a charge on an overdraft, even though there was only a benefit going in. No compromise, and they are still continuing to do it.

[Lilythepink]

With reference to the bank still charging me on my overdraft, which I am trying to pay off.

I am back to work, but have changed my bank. But Nationwide are charging me £26 a month, which means I can never get any of it paid off. I am in mortgage arrears as well, so they come first, as I need to keep the roof over my head.

Being off sick for a year, has wrecked all my debt plans, and now I can get nowhere with the Nationwide, and I owe them for a credit card as well....

[dx100uk]

BCOBS!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

 

dx

[Lilythepink]

Hi, I am no longer on benefits, but they were still charging me when I was.

 

FOS complaint, stayed on the side of the bank....

[dx100uk]

doesn't matter, they did it whilst your wer

COMPLAIN

 

see that thread

 

dx

[Lilythepink]

Back to the drawing board on this one. I have now completely changed my bank,

 

 

and have only the overdraft and cc with Nationwide.

 

 

Will I ask them to turn it into a loan, as the FOS stood by Nationwide and said that they can charge me interest, even though I couldn't afford to pay it.