Nat West Debt Collection

Rosh26

I need some advice regarding a debt my Mum had inherited from my Dad. My Dad died last year. He had 3 debts with Nat West Bank - one for a loan, and two for two separate bank accounts that were overdrawn. These debts were all in joint names with my Mum. We were aware of the loan debt but not the bank accounts. My Mum had never seen a statement for these bank accounts and had never had a card for them. She had never received any correspondence regarding these accounts either in letter or email form. When my Dad died we informed Nat West. It was only at this time that we found out about these 2 bank accounts. Nat West on receiving the info. of Dad’s death put the three debts together and sent it to a debt agency - Moorcroft. Moorcroft were really helpful & we have spent the last year communicating with them trying to get more information from Nat West regarding the 2 bank account debts. Whilst waiting for this information we have not made any payments to Nat West, as advised by Moorcroft. I have been trying to get evidence for a statute barred claim - to prove that my Mum has not been notified about these 2 bank account debts for 6 years and has made no payments to either bank account. The final info. Moorcroft was able to get from Nat West was that no payment had been made towards one of these overdrafts since 2015 - over 6 years ago. However Nat West had still not answered any of the other questions I had put to them via Moorcroft including evidence that my Mum had actually given her permission for these accounts to be opened in joint names and copied of any communication they made with her since the accounts were opened. I also asked Moorcroft to get confirmation from Nat West that the 2 accounts should be statue barred. Today we have received a letter from Moorcroft and Nat West. Moorcroft have informed us they are no longer dealing with our debt and have returned it to Nat West. The second letter was from Nat West who have now passed on the debt in full to another agency Zinc Group. There is no mention in their letter of any of the information we have requested, or confirmed statue barred. So now we are going to have to start the process all over again! I am looking for advice on the best way to now proceed as this fills me with trepidation - I have had a look at the reviews for Zinc Group and they do not have very good reviews. What are our consumer rights? Any help would be gratefully received.

sheramber

i never received any statements or paperwork for the joint accounts with my husband as I was not registered for online access on them.  He was.

These accounts were opened in brick and mortar branches many years ago, before online banking.

This may apply to your parents' joint accounts.

pinkshoes

Rosh26 said:

I need some advice regarding a debt my Mum had inherited from my Dad. My Dad died last year. He had 3 debts with Nat West Bank - one for a loan, and two for two separate bank accounts that were overdrawn. These debts were all in joint names with my Mum. We were aware of the loan debt but not the bank accounts. My Mum had never seen a statement for these bank accounts and had never had a card for them. She had never received any correspondence regarding these accounts either in letter or email form. When my Dad died we informed Nat West. It was only at this time that we found out about these 2 bank accounts. Nat West on receiving the info. of Dad’s death put the three debts together and sent it to a debt agency - Moorcroft. Moorcroft were really helpful & we have spent the last year communicating with them trying to get more information from Nat West regarding the 2 bank account debts. Whilst waiting for this information we have not made any payments to Nat West, as advised by Moorcroft. I have been trying to get evidence for a statute barred claim - to prove that my Mum has not been notified about these 2 bank account debts for 6 years and has made no payments to either bank account. The final info. Moorcroft was able to get from Nat West was that no payment had been made towards one of these overdrafts since 2015 - over 6 years ago. However Nat West had still not answered any of the other questions I had put to them via Moorcroft including evidence that my Mum had actually given her permission for these accounts to be opened in joint names and copied of any communication they made with her since the accounts were opened. I also asked Moorcroft to get confirmation from Nat West that the 2 accounts should be statue barred. Today we have received a letter from Moorcroft and Nat West. Moorcroft have informed us they are no longer dealing with our debt and have returned it to Nat West. The second letter was from Nat West who have now passed on the debt in full to another agency Zinc Group. There is no mention in their letter of any of the information we have requested, or confirmed statue barred. So now we are going to have to start the process all over again! I am looking for advice on the best way to now proceed as this fills me with trepidation - I have had a look at the reviews for Zinc Group and they do not have very good reviews. What are our consumer rights? Any help would be gratefully received.

Has your mum paid off the debt for the loan? As this debt is agreed it would be sensible to pay this off.

Just a thought, but for the two bank accounts, the "debt" is no doubt an overdraught facility so as your mum was named on the bank account, why are they suddenly asking her to pay it off? Surely it just continues as an over-drawn account as it always has, given it was already in her name too? Or have they been sending correspondence to your dad asking for it to be paid off previously?

Does the statute barred status apply for an over-drawn account? I think it can, as long as certain criteria are met:

1. it had been more than six years since you last made a payment; and
2. the creditor has a cause of action more than six years ago; and 
3. you haven’t acknowledged the debt in writing during this time; and
4. the creditor hasn’t already gone to court for a CCJ.

I'd be writing to Natwest with a SAR request asking for any correspondence made to either your mum or your dad over the last decade regarding the two accounts, and a copy of all statements. You can then use this information to decide if the account debts are statute barred or whether there has been correspondence from the bank to your dad, in which case the accounts will need to be paid from his estate.

fatbelly

You don't inherit debts but where they are jointly owned the creditor may pursue one or other or both debtors for the whole sum.

Regarding statute barred status, only a court could definitively rule on this but pinkshoes sets out the criteria as in the various sections of Limitation Act 1980

If Natwest were minded to start a claim they have muddied the waters by combining three different accounts into one and I would suggest that you do not make a payment or otherwise acknowledge the debt even though under s29(7) of the Act where a six-year period has passed a statute barred debt cannot be resurrected

eskbanker

pinkshoes said:
I'd be writing to Natwest with a SAR request asking for any correspondence made to either your mum or your dad over the last decade regarding the two accounts, and a copy of all statements. You can then use this information to decide if the account debts are statute barred or whether there has been correspondence from the bank to your dad, in which case the accounts will need to be paid from his estate.

SARs can only be submitted for the personal data of living individuals, so I don't believe that OP's mother has a legal right (under DPA) to obtain copies of her deceased spouse's correspondence, even if relating to an account held jointly between them, although she can obviously access data and statements relating to the account itself.  It may be academic anyway though, if all such correspondence was addressed to both of them.

pinkshoes

eskbanker said:

pinkshoes said:
I'd be writing to Natwest with a SAR request asking for any correspondence made to either your mum or your dad over the last decade regarding the two accounts, and a copy of all statements. You can then use this information to decide if the account debts are statute barred or whether there has been correspondence from the bank to your dad, in which case the accounts will need to be paid from his estate.

SARs can only be submitted for the personal data of living individuals, so I don't believe that OP's mother has a legal right (under DPA) to obtain copies of her deceased spouse's correspondence, even if relating to an account held jointly between them, although she can obviously access data and statements relating to the account itself.  It may be academic anyway though, if all such correspondence was addressed to both of them.

Yes, as it was a joint account then any correspondence should have been addressed to BOTH parties. If Natwest cannot prove any correspondence in the last 6 years or attempts to clear the debt, then statute barred status might indeed apply.

born_again

Statute bared is going to be based on any engagement your sadly departed had with them. So if had had been communicating with them in relation to the debts at any point within the last 6 years, then the 6 year runs from that point.

This really needs to be in debt section, as not exactly a consumer rights issue. Have requested a move.