letter asking for a full statement of account

Tuscan

Hi all

as Natwest are taking me to court and ive recived the blue forms i would like to request all details from them concerning my account, i have a debt of 27k with them, 22 is a loan and the rest is an overdraft. i have been paying them £200 a month for over 2 yrs as part of a dmp, when i started on the dmp i only owed 26k and ive payed over 4k to them and i now owe a grand more than when i started, so as you can see all they have done is charge me interest and penaltys.

they have also said they will not except anymore monthly payments so im hoping going to court will be a good thing as all thats happing now is im getting into more debt with them and paying £200 a month for the privilage.

is there a template letter for asking for all details and do i need to send any payment for getting a stament, i also will want a copy of the original credit aggrement..



cheers

chrisbee_2

Hi mate heres the link to the template letter to claim back bank charges the letter requests for six years worth of bank statements charge of £10 it may be of help to you ?

I thought if you were in a dmp they froze the interest?

http://www.moneysavingexpert.com/redir/5dfbe25a

Tuscan

no they wouldnt freeze the interest, bascily every penny ive paid to them in the last 2.5 yrs over 4k has gone in on interest and charges, they are now after a charge on my house, im hoping when it goes to court they may be forced to finaly stop or lower the interest so i can actually start to pay the debt off. at the moment its like banging my head againts a wall.

im just after finding out excatly what ive been charged and what they have recived so i have something to show a judge.

chrisbee_2

is the dmp direct with natwest or through a agent?? you may be able to reclaim those charges back it would be worth looking in to it! i managed to claim £300 worth of bank charges which reduced my debt just from sending 2 letters from this site ...

rog2

Hi tuscan - in a strange way Natwest may be doing you a favour by 'taking you to court' as you will have the opportunity to have your case 'judged' by a totally independent third party.
When, and if, a summons arrives, you will have the chance to submit a defence, in which you should state that you are currently in a 'DMP' and that whilst other creditors have agreed to your payment offers, and frozen interest, Natwest have been alone in refusing to consider your offers.
Provide full details of your income and expenses. The majority of courts and judges will see that, by virtue of your DMP, you are serious about your debts and not trying to avoid payment - they are most unlikely to reject your offer of payment by instalments and are, equally, unlikely to impose a payment figure that you can not afford.
Once a court has made an order of payment, this order will be just as binding to Nat West as to yourself and they will be unable, by law, to chase you for higher payments in the future.
That said, it is always a pity that something like this should need to be passed to the Courts - NatWest know that you are on a DMP, yet have, steadfastly, decided to ignore this fact in an attempt to gain preferential treatment over your other creditors - No wonder that so many people are trying to reclaim the punitive charges that the Banks revel in imposing. If I were you, I would have a chat with one of the debt counselling charities such as National Debtline, CCCS or the CAB. Failing this, at least talk to the people who are administering your DMP.
Good Luck.

Tuscan

you are correct Rog thats what im hoping, i am with the CCCs and have a dmp of £640 a month and im in my 3rd year, every year ive raised my payments too, i think originaly it was about £380 a month so i thinks its fair to say im making a pretty good effort. ive payed in somthing like 15k but only cleared about 10k because of natwest i think most of it is interest so dont know how interest stands in a court judgement ??.

i asked natwest what monthly payment they would except and was told £500 lol or they will take £17000 as full settlement but i havent got that sort of money so they told me to borrow it, i then get a letter from there solictors saying there taking me to court and now wont except any monthly payments, christmas eve i get the blue forms turn up from the court. tomorow ill call the cccs to help fill them out and take it from there, im planing on going to court in person as getting up and saying my piece dosent worry me..

im hoping a judge will see this and make a fair judgement on the case, as all i want is to pay off the debt but it seems natwest only want to turn the thumb screw..

cheers

rog2

Tuscan wrote: »

im hoping a judge will see this and make a fair judgement on the case, as all i want is to pay off the debt but it seems natwest only want to turn the thumb screw..

I'm sure a judge will see that you are indeed serious about your debt.

I can only agree with your synopsis of Natwest's attitude.

malestrom07

I'm well aware of RatsNest being difficult with some DMP proposals, however Rog2 is quite right. The judge will see that you have sought and taken advice, and have made arrangments and stuck to them. The judges don't like irrelevant sqabbles, on the face if it RatsNest may about to shoot themselve in he foot.

BAILIFFCHASER

You need to send the claimants a sar and send the court a copy of it and that the case be stayed till you recieve a reply to the subject access request. As when it comes to cout natwest do not want to explain to the judge why they have also not conplied with a sar.

Tuscan

Hi

Sorry whats a SAR?.

ive spoken to cccs today and filled out the court forms, they advised that i dont need to go in person at this stage and should wait and see what the outcome is, i am also sending a full soa along with the court papers and details of my dmp, my monthly payment to natwest has now gone up to £233 a month after a recent revue and they are getting over a 3rd of my monthy dmp payment.

i can only hope a judge see's that im doing my best and grants a judgement of £233 a month, i suspect NW will be going for a full payment option which i cant pay so as to get a charge. lets hope the judge dosent agree with them..

Tuscan

BAILIFFCHASER

Data Protection Act 1998
Subject Access Request



Dear Sir/Madam


ACCOUNT NUMBER/S:


Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.


Yours faithfully,


THIS SHOULD RESULT IN A COMPLETE DATA BEING SENT TO YOU THAT THEY ARE HOLDING ONTO.