Bank charges from 9 years ago. They want the debt cleared now.

Martynb_

Please can someone help me with this?

In 2002 I opened a bank account with Natwest. My rent was supposed to be paid by direct debit but my landlord only accepted standing orders; they didn't tell me that. Soon after opening the account, when it came to pay the rent, the landlord didn't tell me that they only accepted standing orders and they took the money out of the account when there was no money in it. I accrued a debt with the bank and didn't realise untill it came to pay the rent again. Then when I questioned him/them, the landlord informed me that they don't accept directdebit but only standing orders.

I refuse to pay the bank costs there and then and liaised with the landlord and the bank over the matter. The landlord denied that they didn't tell me, and the banks wouldn't write-off the debt of £60. It amounted to something like £60 at first. I closed the bank sometime later (paying in standing orders this time) and moved town. The bank supposedly sent mail to the old address and each time the debt went up a notch. Years passed and here I am 9 years later getting letters from Natwest wanting me to cough-up £299. The matter was sent to court and letters were sent to my address but I did not respond because I was no longer living there. Sicne then I moved to three different addresses and in all that time have never got letters concerning this. The address that the bank sent letters to, I left 9 years ago. No letters of this kind have been sent to any other previous addresses.

What do you think I should do? I think these banks go too far.

vacheron

How could the landlord have initially taken the money out of your account by standing order without your knowledge when a standing order is set up by the account holder?

kevin52

I thought that a debt had to be written off if it had not been acknowledged, after 6 years (I don't pretend to be an expert)

G51shopaholic

whether your rent was being paid by DD or Standing order the money should have been in your account to pay the rent. Therefore not incurring any charges for insufficent funds to cover the Standing Order.

I worked as Letting Manager for over 7yrs - standing order could NOT have been setup by your L/L unless you signed the paperwork.

2nd would this debt not be time barred?

izools

In the case of direct debits and standing orders you have absolute control of whether they come out of your account or not.

In the case of Standing Orders, you can view / change the amount and frequency, and cancel them at any time
In the case of Direct Debits, you can cancel them at any time and you are entitled to a full and immediate refund for any direct debit taken by mistake or without your authorisation

So, in the case of who could have prevented the charges from being added - you.

In the case of whether the charges are statute barred? Is this the same current account you use now? Did the old account default? Tell us a little more

Martynb_

izools wrote: »

In the case of direct debits and standing orders you have absolute control of whether they come out of your account or not.

In the case of Standing Orders, you can view / change the amount and frequency, and cancel them at any time
In the case of Direct Debits, you can cancel them at any time and you are entitled to a full and immediate refund for any direct debit taken by mistake or without your authorisation

So, in the case of who could have prevented the charges from being added - you.

In the case of whether the charges are statute barred? Is this the same current account you use now? Did the old account default? Tell us a little more

Thanks for the replies everyone. When I first posted this thread I only assumed what this matter was about. But now I've had further correspondence via my solicitor regarding the nature and circumstances of this issue. I believe that in 2002 I opened a bank account with Natwest. At some point something happened; the letter from Natwest does not tell me what happened for some unknown reason, so I will have to make further enquiries. Untill then I can't really give you anymore details except that it was back in 2002. I've never had a credit card so it cannot be overdraft or anything like that. I think it might be a rent/standing orders/direct debit issue. If it is, my only recollection of something of that nature is refusing to pay something like £40 to the bank, as little as that. I realise that they've added on £s and hence why they are demanding £250, I think. So I've gone from £40 to £250.

I take responsibility but with things the way they are I cannot afford to pay a single penny out at the moment.

stclair

when was the account last used? it sounds like the debt may be statue barred now.

However you would need to give us some dates other than "at some point" if was 9 years ago the debt is defo statue barred.

Send them this letter:

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully




Sign digitally

Martynb_

vacheron wrote: »

How could the landlord have initially taken the money out of your account by standing order without your knowledge when a standing order is set up by the account holder?

To be honest untill I know for sure what the issue is I cannot say. The debt collection agency is not giving me much information. I had some scrapes with two banks roughly at the same time... over a trifle amount of money on both occasions. Both occassions concerning rent. I think my wages never went in the day my rent was supposed to be deducted from my account. I think there was a breakdown in communication concerning when the rent was to be taken out. I can remember rowing with one landlord over standing orders. I cannot remember the full details.

2002 was a long time ago. Since then so much has happened and my memory is not like it used to be. I need to know the nature of this issue, but from the letter I recently got the Debt collectors are not forthcoming with the information. They just give dates and a previous address. Not very helpfull. So I should go back to the solicitors and get them to obtain more information.

Martynb_

stclair wrote: »

when was the account last used? it sounds like the debt may be statue barred now.

However you would need to give us some dates other than "at some point".

The letter I got recently states that a claim form was sent to my old address in 2008 for £299.99; the bank account was opened in 2002, and the account was purchased by CapQuest in 2006 following a Judgement.

These dates don't mean much to me at all. I can remember setting up the bank account but I cannot remember what the issue was/is about. I'm only assuming it was due to rent/direct debit or something like that. I could be wrong. Untill I find out more information I will not know for sure. The whole purpose of getting the solicitors to liaise with Capquest was to find out what all this was/is about. They haven't done it properly; just gave me an old address and dates. Not much to go-on.

vax2002

"The debt collection agency"
That is the nugget,
out of date Credit files are auctioned off .
Private Debt collectors buy them and hope to intimidate the debtor in to paying up .
its the latest scam and hundreds of people fall for it daily.
The debt is statute bared and you are perfectly safe to completely ignore them.
Writing just puts you on the hooked fish list.
Paying the agency will not clear your credit rating and the bank will not get the money.
The files usually fetch around 15-30% of the debt at auction.

stclair

Martynb_ wrote: »

The letter I got recently states that a claim form was sent to my old address in 2008 for £299.99; the bank account was opened in 2002, and the account was purchased by CapQuest in 2006 following a Judgement.

These dates don't mean much to me at all. I can remember setting up the bank account but I cannot remember what the issue was/is about. I'm only assuming it was due to rent/direct debit or something like that. I could be wrong. Untill I find out more information I will not know for sure. The whole purpose of getting the solicitors to liaise with Capquest was to find out what all this was/is about. They haven't done it properly; just gave me an old address and dates. Not much to go-on.

Has a CCJ been issued on the debt?