In recent days We have become aware of a rather shady thing that NatWest has sneaked upon their customers. Basically In October 2009 NatWest in all its wisdom decided to shift its transaction updates to around 1-2am in the morning. Most people did not even notice this change unless they decided to some late night banking.
However it appears that is not all that has occurred. For as far back as I can remember and for many years before that. Close of Business in a Bank, meant when they closed the doors, and as such, if you had cleared funds then any bills due upon that day would be paid from said funds.
NatWest however have decided to rewrite this, but not in their Personal and Private Banking ‘Terms and Conditions’ which is essentially your contract. Instead this major change of Banking financial practice is hidden away in the Text of their “Our commitment to you” leaflet. The afformentioned being legally binding and monitored closely by the Financial Services Authority (FSA) the latter being a bit of marketing spiel.
If you look at the “Managing your money, some points to note” Section on page 81 of NWB 2707 16 May 2010. It reads:
“To be sure that a payment can be made, you should have sufficient available funds in your account by close of business on the business day before the payment is due to be made”.
Excluding the bad terminology (which I will come back to). What this is supposed to be saying is, the close of business for Direct Debit/Standing orders is the day before the actual close of business. Which is a major change in Banking practice.
One which results in many customers finding that their bills are not being paid and they are charged fees for the bounced payment. When NatWest are challenged about this. Customers are then informed of this change of Policy. If they happen to say “I was not informed about this change”. The telephone or Branch staff respond with either.
“It was contained in our leaflet Dated February 2010″. Remember that this was changed in October 2009 and on top of that the leaflet in question was only sent to about 3% of NatWest Customers.
Or they say:
“I am informing you of it now”!
Both responses being in clear violation of the Banking Code of Practice and that of the Guidelines set down by the FSA.
Now just when you think it could not get any worse, it turns out that even this bit of spiel is not even correct. The actual cut off time to pay in sufficient funds is 2:30pm on the day which the Bill is due to go out.
Just when we thought we had isolated the actual time. Yet again another Manager is now claiming that in fact it is 2:00pm (14:00hrs) on the day in question.
So here we have a change in Banking Practice that alters an accepted practice that has stood for many years.
Was it a big poster campaign?
Was it in the National Newspapers?
Nope! as I said before, its hidden in a marketing spiel leaflet.
The next question is. “Are the charges” or the late payment fees charged by third party companies (as the result of this action) actually legal”?
The answer to that one is NO!
Should you be charged by NatWest, they have to refund you, as well as covering any costs you incurred because of their actions.
Until NatWest actually include this amendment to their practices into their actual Contractual Terms and Conditions. No customer is liable in these circumstances.
For the moment, it still stands, if you walk into the branch and pay cash in
over the counter and receive a receipt for said cash/cleared funds. Then NatWest must honor the payment of any bills against those cleared funds.
The so called amendment and it’s wording:
To remind you. read this again:
“To be sure that a payment can be made, you should have sufficient available funds in your account by close of business on the business day before the payment is due to be made”.
Now as I mentioned before, it could be assumed that this means that funds have to be in the account the day before. Did you read it that way?
If you did, then read it more closely. Namely this section
“sufficient available funds in your account by close of business on the business day before the payment is due to be made”.
The reason why I say this is because it does not actually say what you think,
It should have read:
“on the ‘previous’ business day before the payment is due to be made”.
That one small omission results in the Legal definition of a possible secondary interpretation, that it could be paid in, by the close of business on the day that the payment is due to be made.
So we come full circle back to this moving goal post of when the actual time is.
Is it 2:00pm or 2:30pm or in fact without any clear legally binding definition is it in fact the time that the Bank closes it doors as it has been for a long as most people can remember.
At the time of publication We are still waiting for a response from NatWests Customer Services Escalation team about this.
I will keep you posted on how this progresses.
Original Article with Courtesy of: 13thHouR