Natwest want £1800 from me but owe me over £2500? Help!

c0sie

Hi, me again

Natwest have now passed this over to Triton Credit Services in Telford.

After afew minutes on Google ive determined that TCS are a nasty bunch.

I still stand by my original post whereby the amount that I am claiming against Natwest for unfair charges is more than the overdraft amount owed, yet its ok for Natwest to wait of the OFT ruling whilst TCS threaten me?

Any advice natweststaffmember? Your advice so far has been very helpful

bendix

c0sie wrote: »

Hi, me again

Natwest have now passed this over to Triton Credit Services in Telford.

After afew minutes on Google ive determined that TCS are a nasty bunch.

I still stand by my original post whereby the amount that I am claiming against Natwest for unfair charges is more than the overdraft amount owed, yet its ok for Natwest to wait of the OFT ruling whilst TCS threaten me?

Any advice natweststaffmember? Your advice so far has been very helpful

natweststaffmember's advice has not been helpful. It's been appallingly wrong. I suspect you find it helpful because it is what you want to hear.

But where has it got you? Absolutely nowhere. In fact, it has got you deeper into trouble as your debt to them is now with a credit collection company, when it could have remained with the bank.

The facts are simple.

According to the terms under which you bank with Natwest, you owe them the money they have stated.

That you claim they owe you money is irrelevant. They owe you nothing until the test case is resolved, and there is absolutely no guarantee that it will be resolved against the bank.

Either way, the two issues are completely seperate.

Orford

bendix wrote: »

natweststaffmember's advice has not been helpful. It's been appallingly wrong. Maybe, maybe not, but you don't seem to be offering any alternative advice. What do you suggest the OP does instead?

But where has it got you? Absolutely nowhere. In fact, it has got you deeper into trouble as your debt to them is now with a credit collection company, when it could have remained with the bank.

Triton are part of Natwest, they are not a separate DCA

bendix

Orford wrote: »

Triton are part of Natwest, they are not a separate DCA

My advice is simple, but it's not what the OP will want to hear.

She owes the bank £1800. She needs to contact them about a repayment plan. Linking it with her claim against them is spurious. She has put in a claim - that is all. To say that she won't pay the overdraft because she has a claim in with them is grasping at straws. At the moment - and until the courts rule on it - her claim is worth nothing and the bank owes her nothing.

Waiting until the claim is sorted will do only one thing - it will mean her debt to them grows and grows and grows. Meanwhile, her credit rating will go completely southwards.

natweststaffmember

bendix wrote: »

natweststaffmember's advice has not been helpful. It's been appallingly wrong. I suspect you find it helpful because it is what you want to hear.

But where has it got you? Absolutely nowhere. In fact, it has got you deeper into trouble as your debt to them is now with a credit collection company, when it could have remained with the bank.

The facts are simple.

According to the terms under which you bank with Natwest, you owe them the money they have stated.

That you claim they owe you money is irrelevant. They owe you nothing until the test case is resolved, and there is absolutely no guarantee that it will be resolved against the bank.

Either way, the two issues are completely seperate.

bendix under OFT Debt Collection guidance the debt is in dispute and so the DCA cannot collect the debt. The bank on the other hand has charges that are subject to legal action through the courts. There are some who would run a mile. I have suggested a reasonable approach, ie that a token payment is offered until the legal issues are resolved and then whichever way the verdict goes, to arrange payments to clear the debt be it a payment plan, be it that the bank refunds charges and a compensatory amount(within the FSA Waiver). You cannot have a one sided case where the bank can do what it likes if the crux of the matter is disputed. The OFT(consumers) dispute the fairness of the terms under which the charges are taken and are in Court over the matter so it is legally debatable whether they are fair or not. If and when that issue is decided the OP can make arrangements to clear/recover the amount in question.

bendix

natweststaffmember wrote: »

bendix under OFT Debt Collection guidance the debt is in dispute and so the DCA cannot collect the debt. The bank on the other hand has charges that are subject to legal action through the courts. There are some who would run a mile. I have suggested a reasonable approach, ie that a token payment is offered until the legal issues are resolved and then whichever way the verdict goes, to arrange payments to clear the debt be it a payment plan, be it that the bank refunds charges and a compensatory amount(within the FSA Waiver). You cannot have a one sided case where the bank can do what it likes if the crux of the matter is disputed. The OFT(consumers) dispute the fairness of the terms under which the charges are taken and are in Court over the matter so it is legally debatable whether they are fair or not. If and when that issue is decided the OP can make arrangements to clear/recover the amount in question.

The charges relating to the overdraft might be in dispute, but the overdraft amount isnt. The OP seems to think she can just walk away from her obligations there (by her own admission she has set up a different account with a different bank and doesnt use the natwest account anymore), simply because of a claim she has in with NatWest.

She can't.

It is a debt. It has to be repaid.

How many thousands of other people are using this spurious reason of pending reclaims to avoid paying back overdrafts?

Orford

bendix wrote: »

How many thousands of other people are using this spurious reason of pending reclaims to avoid paying back overdrafts?

At the last count about 1.125 million

c0sie

Thanks for all the replies thus far. Certainly food for thought

Oh, and for the record, I am male, not a lady Interested to hear why people think im female though lol!

Cris (once upon a time Christopher)

natweststaffmember

c0sie wrote: »

Thanks for all the replies thus far. Certainly food for thought

Oh, and for the record, I am male, not a lady Interested to hear why people think im female though lol!

Cris (once upon a time Christopher)

Don't worry about the cutting of the relevant materials(I'm known as Nattie in the bank charges campaign and am male as well so have been a eunuch a number of times on forums ).

esmerellda

Under the banking code your bank should not chase you or enforce any debt which is in a valid dispute.

If a debt (overdraft) with a bank is made up of charges which you are disputing as unfair you should inform the bank of your dispute by entering your complaint. Triton are Natwests in house collection agents so this still stands.

This is just a suggestion and you are perfectly entitled to withold any payment until the outcome of the test case if your debt is outweighed by the charges complaint. This may save you having to deal with defaults being placed on your credit record, debts being passed to debt collection agents and court claims against you - all of which you can fight against, however prevention is better than cure is it not?

Quote:
Dear Sir or Madam,

ACCOUNT NUMBER: xxxxxxxxxxx

I am writing with regards to the alleged outstanding debt owing on my account. You will be aware that I consider the debt to be in dispute as the majority/whole of this sum is made up of disputed charges and interest charged thereon.

This dispute was notified to you in a letter dated xx/xx/xxxx (copy attached) (add any other action you have taken thus far with regards your claim for charges)

In your letter dated xx/xx/xxxx you have informed me the amount outstanding on the account is £xxxx.xx . The amount I calculate you have taken in unlawful charges and interest on those charges is £xxxx.xx. In addition I am claiming from you a sum of compensatory interest equal to 8% per annum which brings the total disputed amount to £xxxx.xx .

I have no intention of reneging on any part of this account which may be legitimately incurred debt and as I understand the issues surrounding the dispute are currently pending determination in the House of Lords and with the Office of Fair Trading, as a gesture of goodwill I would like to arrange with you to keep this debt on hold until the outcome of that case. Therefore I propose that you place a hold on further charges and interest being added to the account and that you accept an interim repayment plan.

I propose I make payments to you of £xx per calendar month, the first payment is enclosed, until such time as the dispute is resolved. Once this dispute has been resolved, if in my favour, you will continue processing my complaint, and if in your favour we will review repayment arrangements for the alleged debt. To be clear I currently dispute whether this sum or any is actually owed to your company and I am simply offering a reasonable solution in the interim whilst the dispute is considered.

I would like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours Sincerely



Your Name

__________________ Hope that helps a bit more.