The unhelpful bank and Apex

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Hey all,

Wondering if anyone can help with some more accurate advice than what I'm coming up with for my parents.

They received a letter from the unhelpful bank (Natwest, in case anyone was wondering) about 3 weeks ago from that address of hell, 7 Brindley Place (:mad:), claiming they owed 677 quid on a random account that neither of them can remember. They think it's linked to a private bank account the bank opened for them years ago but as far as I'm aware (I'd need to double-check), they never wanted it and had it closed down soon after.

Dad sent the usual prove-it letter, and heard nothing back until today, when they sent a letter saying he'd have to pay them a tenner to get the information. Accompanied with this was two letters from Apex - both had different account numbers on the references, both asking for the same amount.

Two questions (well, three):

1. Can a bank withhold information and make you pay for it?

2. The two Apex account numbers; have these been created to split the original account as I think it was a joint one they had before they closed it, or are they trying something on here?

3. What's the best next step to take? I suggested sending the prove-it to Apex as Natwests' letter said 'deal directly with them, not us' - can we inform Apex that as my parents don't acknowledge (or even knew about) the debt, that it's down to Apex to prove that any debt is owed by obtaining the info from Natwest?

The bank seems to reckon it's from about 4 years ago. Old, but not enough to be statue barred just yet. Seems like they dredged up an old account that they somehow found a way to stick charges on.

Thanks for your help

sourcrates

Powered_By_Pies wrote: »

1. Can a bank withhold information and make you pay for it?

2. The two Apex account numbers; have these been created to split the original account as I think it was a joint one they had before they closed it, or are they trying something on here?

3. What's the best next step to take? I suggested sending the prove-it to Apex as Natwests' letter said 'deal directly with them, not us' - can we inform Apex that as my parents don't acknowledge (or even knew about) the debt, that it's down to Apex to prove that any debt is owed by obtaining the info from Natwest?

The bank seems to reckon it's from about 4 years ago. Old, but not enough to be statue barred just yet. Seems like they dredged up an old account that they somehow found a way to stick charges on.

Thanks for your help

No they cant refuse, the onus is on the creditor, or the DCA to prove you owe the debt, the £10 they are asking for is for a "subject access request" which will include all details that they hold on you/them, you dont need that, there is a "proveit" letter on this site that you should send them instead, send to the DCA as they are acting on behalf of Natwest, they have to provide proof that the debt is owed by your parents and it will cost you nothing, no proof, no debt, and tell them that.

fermi

Point out that they are in breach of multiple sections of the OFT guidance on debt collection, under which there is no requirement for you to pay for proof of a reasonable queried or disputed debt, but there is a requirement on them to provide such proof.

https://forums.moneysavingexpert.com/discussion/3558031

Most particularly s3.9 (i) which under Deceptive & unfair methods states that it would be unfair practice to:

i. when a debt is reasonably queried or disputed, failing to investigate and/or provide details (possibly including, for example, details of account history, payment schedules and relevant correspondence) to the debtor, as appropriate, in a timely manner or at all

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Thanks guys, I thought there was something somewhere that you could use against them as an argument for this but couldn't remember precisely so didn't want to give the folks duff advice.

It's just irritating the family. They almost had us out of our house for mortgage arrears (long story, former employer of dad screwed him over completely), when the total mortgage was about 360k and debt outstanding was about 60k.

The judge almost laughed them out of court when they tried for an immediate repossession order. Not to mention my issues with them. Have to be the worst bank I've ever had the displeasure of dealing with.