Nast West

MKDon

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!!!

Hi Hitback,

You've got guts that's for sure!! :j

Since no one else has posted and because this is an overdraft, options are limited. I just would like to get a couple of things straight and pose some random questions, if that's okay with you.

Have you called National Debtline? If yes, what did they say? If no, please do so, it's free and as I understand it, they are trained to advise.

The account with Natwest is closed, in so much as you can't withdraw monies from it, but you can pay in, via CCCS or if able via the bank using the a/c # and sort code?

Are you receiving regular "statements of account" from them?

If yes, can you see that CCCS have made and the bank accepted the payments?

Do your statements from CCCS show that payments have been made to the bank? If not, you need to contact CCCS to understand why. Any absence of payment may be why the bank are taking such a tough attitude toward your problem.

Have you had any letters from the solicitors after the phone call? It would be very strange if you haven't.

Please, please send the letter requesting that all communications to you be made in writing. If sending it registered post is a problem, then address it to you local branch (they make a big thing about having them!!) and drop it in by hand, requesting a receipt!! Just doing that will/should stop some of the phone calls and stress. Your communication to them should also be in writing, but that does mean that you have a recored of everything.

I'm still hoping that someone will come along that can say for sure that because you have a bank charges claim outstanding, that means that the debt is in dispute.

Ideas anyone??

natweststaffmember

once you have done that also make sure you keep a log of all calls because if they do harrass you then you may have a case of harrassment which the FOS will look at because of them refusing to adhere to instructions.

BTW if the letter is sent to the branch they will merely forward it to Credit Management Services Telford which should be dealing with the case.

hitback

Thanks all!
Ok just to answer your ??? MK Don

Yes I called Debtline and they were great. They told me to write and dispute the debt which I have done and sent this via Special Delivery to Telford who we received one letter from back in May this year!
We have not recieved any regular statements from them, and the CCCS statements show the money has been regularly paid into the account
We have not received any solicitors letters, and I have also included in the letter sent that any further communication regarding this matter must be in writing!
Debtline advised that because the debt is in dispute there is little they can do regarding the court action, especially as we have the bank charges claim still pending. I sent them copies of their letters about this too, just to remind them as they clearly suffer from short term memory loss!!!!!

hitback

GAHHHHH! Just rung OH and we have received THE letter from the solicitors, demanding the £5k and costs totalling £500!!! Going to ring Debtline as I have now sent the letter disputing the debt, so not sure what to do!!!???? Also going to ring CCCS.

hitback

Actually, just thought about it again, and will aks Debtline if it's also worth sending a copy of the letter and documents to the solicitors!!!

WestonDave

Just a thought - I was advised when I took out my mortgage with a bank to be careful as bank mortgages often tie in all borrowings with that bank under the charge against the property. Its worth looking at your mortgage paperwork to see if this is the case - if nothing else if you find the overdraft is already part of the charge then you can reject paying court costs for them to add it again!

I may be wrong as this isn't something I'm expert in and it may either have changed since that advice to me or differ with NatWest. If the debt is effectively secured maybe you can argue that they should reduce the interest rate as its less risky for them! (OK very long shot!) Good luck.

MKDon

Well done on calling National Debtline :T , it sounds as if they were helpful? That they consider the debt is in dispute because of the bank charges claim is good news. How far down the line did you get with that? It may be the case that you will need to at least file the court papers to force them to accept that the debt truly is under dispute. Advice anyone??

The bank should be providing you with statements of account, you need to request them (nay, demand!!) any additional charges applied will need to be added to your claim of course:D . More importantly, it should provide proof that regular payments have been made or if they don't show up, where have they gone?? I have read some posts where payments have been placed in a holding account rather than being applied as they should have been.

Was the solicitors letter from Irwin Mitchell? I "googled" them and was surprised that they would get involved in something as "trivial as an overdraft repayment" (Yes, it know its far from trivial to you!!)

I'm really pleased that you have a few more people posting :T

Tuscan

Hi

im also involved with Natwest, i owe them 27k, 22 is a loan and 5 is an overdraft, i have been paying them £200 a month for over 2yrs as part of a £640 dmp.

natwest have refused to stop interest and after me paying them over 4k via the CCCS i owe £1000 more than i did when i started my dmp.

on dealing with Natwest i have found them to always be polite and by the book, but they stick to there guns and do what they say they will do, they told me a few months back they would not except monthly payments anymore and would take me to to court, a few weeks ago i got a letter from there solicitor and now have just recived the blue court papers.

im looking forward to going to court so i may get the chance to repay the debt rather than just paying interest, i have a property so no dout they are after a charging order..

hitback

Thank you for all your help on this! We have completed the court papers and sending back today along with the documentation from CCCS.
I sent a letter to Nat West asking them to advise us of the charges, and also advising us of what has happened to over £750 already paid against the debt through CCCS. Also a little confused as the info sent through from Debtline says they cannot charge interest on a debt of £5k or less??? But it looks like that's what they have done! Anyway, sending the court papers back today, and will wait to see what happens next. I don't think they are aware that the payments have increased from £50.56 per month to £83.38 either.
I'll continue to keep you posted on this one! Hope you all have a very Happy Christmas and keep fighting that debt in 2008!!!