Flex account not a 'credit agreement'

[GASS]

Hi

 

Am in a running battle with Nationwide and various collections agencies since 2010.

 

Now ARCEurope have written to me and advised me that

as the account I hold was a Flex Account and not a Credit Agreement there is no Consumer Credit Agreement.

 

Is this correct, seeing as I had an overdraft on the account.

Any one else had this?

 

They are also asking for a full financial statement from us, which I dont really want to give.

 

My argument is that I had an authorised overdraft-limit of £300 that I had used to the limit

and was in the process of paying back, when Nationwide took a large amount off the overdraft

reducing it by £100 and

then started charging me with what they called unauthorised use of the overdraft each month.

 

I have been arguing this since July 2010.

 

I am about to write to Nationwide again asking if they will refund the unauthorised charges

and then I will conisder a payment plan to to repay the outstanding amount.

 

Any thoughts

[BRIGADIER2JCS]

There is no credit agreement for current accounts or over draft, what NW has done is standard practice if an OD limit is breached.

 

Since the OFT lost the test case on bank charges there is no possibility of reclaiming charges.

[dx100uk]

sounds like you have a case for a BCOBS complaint here

 

click the BCOBS link

 

and read the blue RBS link there

 

dx

[Peterbard]

I would try and reclaim the fees in this instance, the Supreme Court ruling did not, decide on all kinds fees of course. I think in this case you have a claim.