Misrepresented charges: evidence...?

[gandolfi]

Hi All
Is there a thread with examples/evidence of misrepresented charges?

Hopefully, here are a couple of possible examples.

Almost a year ago, I went through some of my old, original statements (Natwest) and found a couple of things that might be useful....?

The first example is from 1992. There is a section titled 'Charges for other account services - to cover our administration costs'. Underneath it lists things like Bankers Drafts, Copy statements etc. It also lists:

1) A letter saying you have an unauthorised overdraft = £20

2) If an increase in Unauthorised overdraft is caused by by taking money out using a sevicecard, cashcard or chequecard = £20

3) If a cheque, standing order or direct debit on your account is not paid because you don't have enough money = £27.50

It then says 'All charges for account services are taken from your account when we provide the service'

Given that Justice Smith ruled that these are NOT services, doesn't this provide strong evidence against NatWest's position and supports the idea that they misrepresented their cross-subsidy of free banking even at this early stage?

Also, the fact that they say the charge is 'to cover our administration costs' should entitle us to know what those costs are...?


Secondly, I have a letter that came with more up-to-date charges info from the bank (following my complaint) that clearly states that the charges are for providing the 'service' of refusing payments. The letter goes on to say,

"We do not agree with the basis for your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent"


I realise these are only small examples, but are these the sort things you are looking for to build the evidence?

Thanks
Gandolfi



PS - (apologies for long post) I'm still looking for NatWest's historic T&Cs from any year back to 1989. The bank have failed to provide them despite numerous requests. If anybody can has them, I'd be SO grateful. My case http://www.consumeractiongroup.co.uk...atwest-14.html depends on getting them.

[BankFodder]

Yes. Very useful. Would you scan copies of what you have over to me. I am building up a database of this stuff.

Send it to our admin@ address please

[BankFodder]

I've only got Natwest 2002, 2005, 2006 so far

[gandolfi]

Originally Posted by BankFodder

I've only got Natwest 2002, 2005, 2006 so far

Those would be very useful. Thanks Bankfodder!

How can I get to see them?

All best,
Gandolfi

PS - I'll get the statement examples/letter scanned in and sent asap.

[dyn27]

Is there any evidence for Lloyds yet?

[gandolfi]

It would be great to get any historic Natwest T&Cs if you have them....

I've tried to get them from NatWest via a CPR18 request for information, but Cobbetts just refused while the test case was on. Would it be worth me seeking an order for this when I ask to amend my Counterclaim...? I need them for every year from when the accounts were opened (20 years!)

I also need to prepare my argument for amending my claim. What would be the best way? My thread http://www.consumeractiongroup.co.uk...atwest-14.html is very long and complicated and buried in the (rather quiet) Business Claims section of the forum.

It's a big case with c£25,000 at stake, from both Personal and Sole Trader current accounts. Eager to get on, but not sure how....

All help much appreciated. Meanwhile, best wishes,
Gandolfi