CCA - bank says debt has not been assigned

8bitviking

OK my 1st post, about time I joined up too!

Hope I can get some clarity on my current situation.

I had an account with Natwest that I hadn't used in a while and as I needed the funds I dipped into my £1600 overdraft by about £1000 or so.

A few letters and months later I got a letter from Triton Credit Services saying that had been instructed to recover the debt on behalf of Natwest, I did ring them and I arranged to pay back £100 a month for which i have made two payments (£200) so far. The guy at Triton I spoke to also said they could write off the whole amount if I paid £670 in one lump sum.

I decided to send a CCA request to Triton to which I have recieved a letter from Natwest today. It states that they do not require customers to sign an agreement in order for an overdraft to be applied (sure, I've read up on this) however it also further states that:

'The Debt has not been assigned and therefore there is no Deed of Assignment. Triton Services act on behalf of Natwest Bank.'

The letter also has a breakdown of interest rates and balances however the agreed overdraft limit is £0 so I assume I'm paying interest rates on an unarranged facility (as opposed to an arranged facility, if the overdraft were still in place)

Here are the questions I seek answers to, apologies if a similar thread has already been posted, I've been at the computer for an hour and a half looking for answers!

-Did Natwest have a right to cancel the overdraft forcing me into an unarranged facility (and more interest), even though at the time I went overdrawn the £1600 overdraft was in place?
-Should Natwest have some sort of agreement in place with Triton in order for them to act on thier behalf, should I/do I even have to deal with Triton at all?
-Should I just pay the lump sum of £670 as I owe the money or what should I do next? Can the bank enforce the debt on the overdraft?

Any advice is much appreciated, on a seperate matter I am pursing a 'bank charges reclaim' with Natwest at this time.

8bit

LilacPixie

Hi and welcome.

Banks can withdraw overdrafts whenever they want. So yes they did have the right to do so.

Banks can and Do enforce an overdraft so you will need to pay it. This is of course presuming the debt is not statue barred.