Nast West

hitback

Hi

We are currently on a DMP with CCCS which started in Oct last year. To date have now paid off just over £5k of £65k debts, and have recently increased payment to CCCS by £258 per month so new payment is £658, and hoping to increase this again in 6 months to be debt free in 5/6 years!
Anyway getting to the point. We had an overdraft with Nat West before they kicked us out of £5k and have been reducing this with the DMP. Nat West rang us a couple of weeks ago and said they would offer settlement fig of £3k, but told them we didn't have that money. THEN last night solicitors rang to say we need to make full payment of £5k within 7 days or they would start court proceedings to get a charging order against property! They also told us they have written to us, but we've not received anything?! Has anyone else had experiences with Nat West? We have our mortgage with them and have never been in arrears nor missed any payments! The solicitors suggested we could remortgage to clear the debt!!! Think the bank is trying to maje yet more money out of us!!! ANy experiences anyone???

MKDon

The first and most important thing to do is open a bank account with another bank (not in the RBS group) and have your wages paid in there, if you haven't already done so.

Did this "apparent solicitor" state the name of the company that He/She represented? It sounds more like someone at the bank or DCA trying to pull a fast one.

Given the threat of 7 days before starting court proceedings, it might be wise to send a letter requesting a copy of the CCA, send it registered so they can't deny receiving it. Sending the letter will place the debt in dispute, so they can't take any action until they have provided the documents requested. It's likely that if you are dealing with a bank that they will be able to produce the documents, but at least it will buy you some time to get an arrangement sorted and let them know that you are not going to be messed with!!

I'll send a post with links to template letters soon.

hitback

Thanks for this MK Don. Apparently they were from Irwin Mitchell! As far as disputing the debt goes, we did try to reclaim bank charges from Nat West, however we were put 'on hold' pending the test case!
I will use the template letters you send
Many Thanks

hitback

Just one question, should I send the letter to the solicitors or to the bank or both??

MKDon

There are stronger worded letters on this forum, but I think the one from the National Debtline should do the trick. Click here.

A call to National Debtline regarding your problem would be a very good idea, it's free phone 0808 808 4000.

Since you are paying for the post and recorded delivery, I would also include the letter in the following link that requests all correspondence from them is in writing, which makes life much less stressful. Click here

should I send the letter to the solicitors or to the bank or both??

Both if you have addresses for them. I'm afraid that you will need to include a £1 postal order with each one and send them recorded delivery 70p + normal postage

hitback

Many thanks MK Don

I will send the letters today! Nat West closd our account over a year ago when we first took out a DMP and since then we have banked with the Co-Op who have been great!

MKDon

hitback wrote: »

Many thanks MK Don

I will send the letters today! Nat West closd our account over a year ago when we first took out a DMP and since then we have banked with the Co-Op who have been great!

Can you hold fire to a bit. A thought crossed my mind that this is an overdraft and not a normal loan, so the CCA may not apply. I'm trying to find out and will get back.

Regardless, a call to National Debtline should clarify the situation for you. Please do give them a call the are open until 9pm.

hitback

Oh, great! thanks MK Don will hold fire then. going to give Debtline a call after work. This is definitely an overdraft, and thinking about it, we can't remember signing anything in agreement to this! Although knowing the bank they will find a way round this. Going to fight them though!

MKDon

I haven't been able to find anything definitive that a CCA is required for an overdraft

Unless someone else comes up with something soon, I think the call to National Debtline is a must.

MKDon

From what I have read, a Consumer Credit Agreement doesn't cover current accounts and therefore overdrafts, so it looks as if that is not a viable option. Sorry, didn't mean to get your hopes up

Has the debt ever been passed to a DCA or have you always dealt directly with Natwest? The phone call from a solicitor is very strange, a letter would be more likely. Have you spoken to Natwest since that call? May be they can explain why the existing agreement to pay is no longer acceptable to them?

hitback

Just seen your reply, MK Don. As far we know this has not gone to DCA, the first we were aware of anything untoward was when we received the phone call from the solicitor! This bank had thousands of pounds frommus, and every time we asked for help in reducing our overdraft their answer was to either extend it or consolidate it!!!

Whilst I and I expect everyone else who is paying off debts agree we all have a responsibility to pay back what we owe, it's also about time the banks took responsibility in helping customers maintain their spending within their means, and not just sit behind their desks with £ signs in their eyes every time a customer approaches asking for help!!!

sorry to go on, but these people have a duty too! they get away with far too much for far too long! I'm fighting back!!!! I may not win, and chances are I won't, but it will give me great satisfaction to know I tried!!!