Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have an overdraft with Natwest, the limit is £800. I also had a Natwest Credit Card, i wont go into the credit card bit too much as this is another story but basically i CCA'd for the card, Natwest took offence and said they were closing my Current Account (which has the OD) and were going to offset funds. As a result i opened a safe account, stopped paying the OD off in full (i have paid it off in full every month for years) and made an offer of £5.00 per month, this was refused.
the balance is now £1187.39 and is being handled by Wescot. Anything added after the £800 is charges.
I have sent my prelim letter requesting in total £644.62, this charges applied over the last 6 years and includes contractural interest.
Ok thats the history done with.
Natwest as expected are referring to the OFT course case and say that they will not refund charges and will continue with recovery action for the outstanding debt.
I have sent the prelim letter off to Wescot, Natwest Credit Management Services and Natwest Customer Relations. This letter includes schedule of charges etc.
Natwest have written to me today (my prelim letter and this have crossed in the post) this is what it says:-
[i]Thank you for your letter dated 28th January 2008. Your comments have been noted.
Due to the current court case between the Office of Fair Trading and the Banks, there is no guarantee that you will be eligable for a refund of charges if the court rules in favour of the bank.
Therefore, recovery action will continue on your account and any refund due will be given after the resolution of the court case.
Your Accounts have now been passed to Wescot Credit Services to recover the debt on our behalf and any proposals for repayment should be made with them.[/I]
Can the bank still take me to court whilst there are still these charges outstanding??
Thank you for your letter of **DATE**, the contents of which are noted.
I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
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Yaff v Natwest Bank
with Natwest
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