Unauthorised Overdraft

edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
1 reply 872 views
NatalurrrNatalurrr Forumite
1 Post
Hello :) (FIRST TIME POST!)

Long story short, past couple of years I suffered with mental health & was diagnosed with a brain condition. As a result I was in/out of work & this affected my finances & ability to process information. I've been using the forums to look into ways I can improve my debt, using the tools on here. I'm struggling, trying to understand terminology/process information, and am hoping someone can advise me or point me in the right direction, please!?

The purpose of this post, is in relation to my overdraft, whether or not I can claim for PPI as I never technically signed up for my account! I know I can use the template forms here, however I'm unsure if I can claim, I will explain why.

When I turned 18 (2007) I went to enquire about an overdraft with Natwest, I still have the same account now. Anyway the bank adviser filled out an application for their Gold Account, including an overdraft, many benefits (like holiday insurance etc which I've never used) and a monthly fee. Then asked me to sign and set up to go there an then. So being unsure, I decided not to sign the application, I asked if I could take it with me, look over it, discuss with my mum and return it if I decided to go for the account.

On my next statement I noticed the overdraft, the account was upgraded. I've always thought that as I did eventually use this overdraft, that by using it, I've accepted the T&Cs and charges that come with it. Over the years I've increased my overdraft, when I was off sick from work, and needed to make ends meet.

Long term I want to slowly decrease my overdraft to clear the amount. I have looked into charges I have received over the past 11 years, and wandered about obtaining a CCA, but would there be one if I didn't sign a contract, as I still have the original application. Would this affect my PPI claim if I even have one?

Replies

  • dunstonhdunstonh Forumite
    106.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ✭✭✭✭✭✭
    Long term I want to slowly decrease my overdraft to clear the amount. I have looked into charges I have received over the past 11 years, and wandered about obtaining a CCA, but would there be one if I didn't sign a contract, as I still have the original application

    If it was found that they had not complied with the consumer credit act, they would not be able to enforce the debt if you did not pay it. However, they would be allowed to register it as a defaulted debt on your credit record and remove banking services from you. So, that would pretty much destroy your ability to get credit elsewhere for 6 years and longer term with Natwest, RBS and any other within their group.
    Would this affect my PPI claim if I even have one?

    If you did the above and your PPI complaint was successful, they could use the redress against the debt rather than pay it to you.

    DId you have PPI?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
This discussion has been closed.
Latest MSE News and Guides

Top savings accounts

Up to 1.7% fixed or 0.6% easy access

MSE Guides

24 craft beers for £26 delivered

Flavourly newbies only (norm £70ish)

MSE Deals