Should I ask for CCA?

hitback

Any advice?
Nat West issued a ccj for £5.5k overdraft, disputing this as we have made over £800 in payments through our DMP! Wrote to Nat West on 20.12.07 and have not yet received reply asking them how this has been broken down. Rang them tonight and was put through to someone in their litigation dept who was very vague and said we wouldve been charged about 18% in interest. However, on the letter they sent it quotes ' The balance is exclusive of unapplied interest which is due or may become due'. I am fighting Nat West over this, as I believe as a consumer I should be advised about the rate of interest applied against a sum of money I owe, and Nat West have not done this, in fact we had no correspondence from them since 27th may 2007 when they accepted our payments with no mention of interest prior to this they accepted the payments on 6th De 2006!!! Nat West have now advised me they will send through statements to show how this interest has been applied, in the meantime I wondered if it was worth requesting a copy of the CCA, I fully intend to take this complaint further if necessary and want to make sure I have all the paperwork. the bank have a duty of care and responsibility to the consumer. If this is the case all creditors could make up any amount of interest and charge it!!! Sorry for going on but any thoughts anyone???? I AM FIGHTING THIS!!

Snaggles

Hiya, not sure about this but will bump your thread to see if anyone else knows more. Who is your DMP with - are they not able to give you any advice re this or explain why you have a CCJ when you are making payments through them. If you are not already with them, why not speak to the CCCS or Payplan, who don't charge for DMPs.

Need_To_Sort_It

When I asked Payplan about this (a while ago now) they told me that the terms and conditions are within the application form for the current account, I had an overdraft with Abbey and thought I would try the agreement route but apparently its in T + Cs - dont know any more than that sorry.

Someone will be along who knows for sure

hitback

Thanks both. I am with CCCS but when I contacted them yesterday they couldn't really help me. I don't dispute the fact that they have applied the interest, I am disputing them applying a rate which they don't bother to tell me about or how this is calculated. They never sent any statements after they gave us a rebank order, so we had no idea they were adding this amount until the court papers arrived for £5.5k. I also believ this ia knee jerk reaction by NW as we had submitted a claim for bank charges of over £2k which is on hold pending the test case. Just shows what a greedy bunch they are! I just wondered if the CCA would say if they should communicate the interest rate to me as a customer which they didn't. After all you don't buy or use credit without knowing the interest rate?

stebiz

hitback wrote: »

Thanks both. I am with CCCS but when I contacted them yesterday they couldn't really help me. I don't dispute the fact that they have applied the interest, I am disputing them applying a rate which they don't bother to tell me about or how this is calculated. They never sent any statements after they gave us a rebank order, so we had no idea they were adding this amount until the court papers arrived for £5.5k. I also believ this ia knee jerk reaction by NW as we had submitted a claim for bank charges of over £2k which is on hold pending the test case. Just shows what a greedy bunch they are! I just wondered if the CCA would say if they should communicate the interest rate to me as a customer which they didn't. After all you don't buy or use credit without knowing the interest rate?

Are you saying they issued a claim for £5,500 or have obtained a CCJ for £5,500. It is very important.

Regards
Stebiz

hitback

Hi Stebiz

They have issued the claim for £5,224 + £340 costs.

hitback

Oops sorry they have issued the CCJ for £5.5k

stebiz

hitback wrote: »

Hi Stebiz

They have issued the claim for £5,224 + £340 costs.

It certainly wouldn't do any harm and it is only for £1. However overdrafts and Consumer Credit Agreements act in a slightly different way than Credit Card Agreements.

However if you write to them by Special Delivery and spell out loudly that you are entitled to all the information they hold and are relying on under the CIVIL PROCEDURE RULES. If they then bring anything else up at the court hearing then this will be throwned upon very much by the judge. Do you have exact details of the claim?? If you like you can PM them.

Regards
Steve

rog2

Hi hitback - Strictly speaking, the Consumer Credit Act, 1974, does not apply to 'overdrafts' in the same way that it would apply to 'credit agreements' such as loans or HP. Current accounts are not 'credit' accounts and do not, therefore, require a consumer credit agreement.
However, this should not deter you from asking for information that would assist you in 'disputing' this debt - in fact the very fact that you already have disputed the figures would be a very strong 'defence' in the event that Natwest decided to take you to court. If, as your post implies, they have ALREADY obtained a County Court Judgement, then you may still be able to question its validity, by asking for it to be 'set aside'.
As Natwest have refused to give you a full and detailed statement, which they are legally obliged to do, then you may need to go down the SAR (Subject Access Request) route, which is your right under the Data Protection Act. You can use the same template letter as if you were reclaiming Bank Charges (again something you might wish to consider).
Under the Data Protection Act, NatWest is legally obliged to provide you with everything that they hold on file about you, and the account - this would include transcripts of any telephone conversations, and decisions regarding charges and interest. There is a 'statutory' charge of £10, and Nat West have 40 days in which to provide this information, during which they should suspend any recovery action.
As you say - you do need to fight them - Natwest should not be llowed to walk over their customers.

hitback

Hi Rog

Many thanks for this. I am definitely pursuing this, and the person I spoke to at NW litigation dept yesterday was very vague regarding the amount of interest charged. He is sending statements out to show how this amount has been applied, still does not answer the question of why we were not formally advised of the itnerest being applied in the first instance nor the rate! They have also responded to my letter, however I have not yet received this according to NW they sent this on Sat!? I am definitely pursuing the SAR route and also collating information to submit a formal complaint to NW which after no saitsfactory response is received I intend to forward to the FO!
These people have a duty of care and responsibility and I believe they have acted in a manner in breach of this.

Thanks again for the very helpful info! Will keeop posting

NO SURRENDER NAT WEST!!!!!!!!