Natwest Joint Account Overdraft - Help

Ragamuffin10

Hello all,

This is an odd situation, I broke up with my ex about 3 years ago and we had a joint account which had an overdraft that existed before I was even on the account. He wanted to get a loan from Natwest and they told him that he wouldn't be entitled to the loan but would get the loan if I joined his bank account as a joint holder. They declined the loan anyway afterwards.

I filled in the forms and provided documents but still they processed this information and put the wrong date of birth in.

When we broke up, a week later, both me and my ex went down on a Saturday and removed myself from the joint account and they took my old bank card off me at that point relating to the account. They stopped sending me letters and removed the record for that debt off my credit report.

My ex continued to operate that account as solely his from that point, He was struggling to maintain his overdraft and fell in to debt.

Natwest then began ringing me to which I advised I had not liability for the debt, I no longer held the account which they now deny saying I was never taken off the account? They say they have no record of it and sadly I dont have the letter they gave me because it's been lost in the move and been about 3 years since i've had any contact with Natwest and I never suspected I'd need it again. I also could not discuss the accoutn with them over the phone because they hold an address for me I don't know and have never lived at because it's the ex's. Plus they had the wrong DOB for me despite my documents on file.

Whoever is dealing with the debt, possibly not belonging to Natwest directly called me about the debt, I advised the situation but again could not complete security. He asked me for details for my ex which I did not provide because I don't know who they are and whether they are even legitimate. He then quoted my current address which I've never provided Natwest or anyone related. I asked where he had gotten the address from and he said 'Probably from your husband'. My ex isn't my husband and never had been, he also did not provide them with my address and he himself has stated the same to Natwest that I was taken off the account.

Yesterday, Natwest or the debt company on their behalf on Natwest headed paper, sent me a letter about the debt and demanding payment of £3,300.00 plus a number of threats on the back of it.

I am finding this extremely distressing and I dealt with this 3 years ago and been removed. I haven't had any letters from them in that time period plus do not hold a card for it etc.

They stated they'd cancelled the overdraft and are demanding full payment of the overdraft, my ex advised he has made an agreement to clear the debt which they haven't accepted.

I feel they've obtained my details dishonestly and breached data protection and my privacy. Plus we have a child together and providing me details regarding my ex's financial situation could actually be a problem for him if he was earning more and I used it for CSA purposes.

I feel that Natwest's behavior is of detriment to him plus me, but I do not know how to proceed regarding it. Plus, even if my ex provided them my address, should they really go about updating my details on the back of a third party? It seems like it's open to all sorts of fraudulent potential?

Kind regards, I appreciate any help you can offer.

Brightspark87

Hi just didnt want to read and run, perhaps the company who have bought the debt from Natwest used a credit search to find your details? They simply bought the debt so are unlikely to know the relationship on this joint debt.

In my experience, this seems like a bit of a chance that they can find someone who was linked with the account to get them to pay the debt.

Although you say this debt is on headed paper, it may be their internal debt collectors.

Good luck though, if you have the paperwork etc its unlikely to be unenfourceable - perhaps a 'prove it letter'?

FireWyrm

I think first of all you need to ascertain the status of the account from Natwest. Why wasnt your name removed from the account at the time?

I think your first port of call is a complaint letter to Natwest demanding an explanation. Once you have a copy of the letter they gave you 3 years ago, you can send a copy of that to the debt collector and tell them you are not liable and to naff off.

P.S, a personal visit to Natwest might make headway where a telephone call or letter cannot. Do you have anything left that shows the account details etc that you can take with you along with all of your identity documents.

I dont think this is going to go away and especially not now Natwest have decided that they did not, afterall, remove your name from the account as they had said. Since you were there personally in the branch at the time, I would be demanding to know what went wrong.

blueneleh

Hi, I had a similar situation when I broke up with my ex and started getting letters from debt collectors sent to my new address regarding his debt. I found out that, due to once being on a joint account with him and applying for joint loans in the past (which we never got either), I was still connected to his name on credit firms e.g experian. This was where the debt companies were getting my information from and were just grasping at straws. I made it clear to them that we had split up and I had no contact with him (as well as informing Natwest who were also sending me letters despite us no longer having a joint account) and contacted Experian to remove the link with him and I heard nothing further.
I hope this helps.
Blue

Ragamuffin10

I realise I should contact Natwest via letter to maintain some evidence but I was uncertain as to what to say in the letter.

blueneleh - That's interesting to know, I thought this scenario was fairly odd since I couldn't find any threads about this happening but perhaps it's more common practice than I realised. Is it lawful for the debt company to do this?

Does anyone know any template letters that may be of use to me?

Cheers

FireWyrm

Ragamuffin10 wrote: »

Does anyone know any template letters that may be of use to me?

Cheers

I doubt there is a template letter for this scenario. Just explain what has happened and what you want to happen in a clear way. You dont need a form letter for that.

I think an actual visit to a branch might actually give you better results, but try the letter first. If the DCA has taken your address as an associate of the debtor, then they are acting illegally. You cant pin a debt on someone else, but this all hinges on whether you actually were removed from the joint account or not which only Natwest can tell you.

blueneleh

It was a long time ago now so can't remember exactly what I put in the letter to Natwest but it was along the lines of what firewyrm says above. Just detail the facts, incl dates, and ask them to remove any links they may have between you and your ex.

I didn't realise it was illegal for the debt companies to do that. If I'd have known that I would have tried to pursue that further at the time!

blueneleh

Actually, thinking about it now it was a little different. The DCA's were sending letters to my address in HIS name so weren't actually putting the debt on me. It was still a shock for me as the DCA's had got my address through Experian as a link to a possible address where he may be. It's worth contacting Experian to sever any links for the future.
I wrote to Natwest to make clear that I was no longer with my ex and had no contact with him.

Thrugelmir

If you were a named account holder with an overdraft on the account. Then (a) the bank won't have removed your name. (b) you are jointly liable for the debt.

FireWyrm

blueneleh wrote: »

I didn't realise it was illegal for the debt companies to do that. If I'd have known that I would have tried to pursue that further at the time!

To clarify....

Scenario 1 : you have a joint account for which you are a joint signatory. One half of the team decamps and then the DCA uses the information from the credit file to pursue the other party because they were NAMED on the debt and they are therefore jointly and severally liable. This is perfectly legal

Scenario 2 : Customers A and B have a joint account. Customer A leaves Customer B and has their name removed from the account. This means that they are no longer liable for any debt since they are not a party to it. The DCA does as above and tries to claim that Customer A is in fact liable for Customer B's debt because they were ONCE linked. That is illegal. Customer B is entirely liable for the debt and Customer A is well within their rights to tell DCA to jog on.

The OP is scenario 2 I believe.

Ragamuffin10

Yes, you would be correct. Scenario 2 would be where I fit with my situation.