Nationwide have sold my overdraft to a debt collection agency because I moved house

mrs.sun

I moved house and forgot to change my address with Nationwide although I infrmed them over the phone that I had moved. They posted a new card to my old address which someone has used to make me £60 overdrawn. They have added £170 charges and sold it to a debt agency who only have my old address.
Should I pay some of the amount, should I tell them my new address? They have my mobile number and are threatening court.

Lokolo

You didn't inform them or your new address so technically its your fault.

However I suspect you can inform the police, get a police reference number, and everything will be sorted it.

But yes, you really should inform them of your new address.

mrs.sun

I have honed the police, nationwide won't have anything to do with it because its my fault and say I have to deal with the debt collection agency but I don't know what I need to do to stop them taking me to court.

Lokolo

mrs.sun wrote: »

I have honed the police, nationwide won't have anything to do with it because its my fault and say I have to deal with the debt collection agency but I don't know what I need to do to stop them taking me to court.

Have you told the debt agency company that you have informed the police about the situation and that it should be resolved soon?

CLAPTON

how long ago did you move

when was the fraud committed

do you have internet access

Lokolo

CLAPTON wrote: »

how long ago did you move

when was the fraud committed

do you have internet access

lol..... where are we now? :rotfl:

mrs.sun

I am on the internet, it happened April 2008, I moved November 2007. That is why Nationwide won't have anything to do with it, its my fault and too long ago.

mrs.sun

I have told the agency that I ws going to phone the police, their last contact was to tell me that if I don't pay within 7 days they will take it to county court and add costs. I'm scared about getting into trouble but I don't really want to pay a debt thats not mine. Thanks for reading and trying to help it makes me feel a lot better.

jadex

First of all, don't feel intimidated by debt agency.
They are threatening to take you to the court as it would mean you'll lose.
No, the court is to judge not to say you upfront that you must pay them.
The debt is not your, it is a fraud so doubt court would rule against you.
I also doubt debt agency will take you to the court anyway - they are after quick and easy cash. Going via court which can rule out their bullying letters and tactics is risky for them.
And, no matter if you have informed your bank about your new address or not, the debt is result of fraud. You may be in breach of your contract, but it doesn't make you responsible for fraudalent activities. I don't think you lose in court but I doubt you will be taken there.

jambosans

jadex wrote: »

And, no matter if you have informed your bank about your new address or not, the debt is result of fraud. You may be in breach of your contract, but it doesn't make you responsible for fraudalent activities.

The debt is the result of fraud, which in part, was caused by the OP's negligence in not changing address with the bank. How this would stand up in a court of law, I have no idea, however I would not consider the OP a completely innocent party.

I don't know Nationwide's policy for dealing with fraud, but would imagine that if the account holder's actions indirectly allowed for fraud to be committed, they may be held partially liable for any loss. I would have thought this is covered in the terms and conditions of the account. An example to help illustrate my point would be if the OP had written their PIN number down and left their wallet/ purse in a shop. This negligence may have resulted in the OP being defrauded more easily than if they had taken due care. The banks have a duty to keep sensitive information private and safe, so why should the customers not do the same?

I agree with everything else you say, the debt collection agency are probably just blowing smoke about taking the OP to court - in the hope that they will pay it.

I can understand why Nationwide have washed their hands of the OP, as they've done everything in their power to get in contact.

missile

I don't understand how it has taken you so long to realise. Presumably this is an old account that you do not use?

Nationwide don't make life easy, do they? They will not accept change of address by telephone or even in a letter. You have to go to a branch, when they told me I would have to come back as they did not have the correct form available. Proud to be different - yeah right.

I would close the account (yes you have to go to the branch to do that). If the account has a negative balance, no doubt they will tell you the account cannot be closed. I would give them written instruction to cease all further transactions as your account has been compromised by fraud.

No doubt someone will confirm whether your losses are covered by the banking code?