Debitas are used by Crap One as a collection agency so I presume they are a DCA. They certainly were the ones who used to call me every 5 minutes, or so it seemed. Not sure if they are actually owned by them or not. They won't stop calling you until the account is in dispute and you advise them of this in writing. Or until you pay up/sort out a payment plan etc. Why are you CCA ing? Are there charges on your Crap One account?If so, why not just reclaim the charges? IMO it's quicker, less messy and much easier to do it that way. You get the money pretty quickly and if the default is made up mostly of charges you can usually get that removed as well. If you go the CCA route it won't make the debt go away, just because its unenforceable doesn't mean they (or some other dDCA from a whole multitude) won't pop up and start harassing you for it in the future.

Its Natwest Card Services you want, the address is in Southend, can't remember all of it off the top of my head but its the one on the statements, if you have any statments that is.

Interest on the charges - charges were £638, got about £300 interest. Not a bad result I thought.

As you probably know, you can go the CCA route or reclaim charges route. Personally I think you might as well go straight for the charges as it's usually quicker. And crap One usually roll over fairly easily. Wouldn't hurt to sort out the name change now. tbh you should have plenty of time to do this before you get your SAR stuff back. just give them a call and ask what proof they need for change of name.

I was defaulted and passed to Debitas. Didn't bother with CCA at all, just went straight to Crap One with prelim, LBA etc. Got their standard bog off stuff. Filed at court and got the full amount, plus stacks of interest, plus stat8%. About 3 months start to finish. Plus once you've sent the Prelim etc the account will be indispute so they won't be able to set the DCA hounds on you.

Don't like to worry you, but when I asked for proof that I'd ticked the box on the internet - they sent me a screenshot of the internet application with the box ticked. Not sure if they could "fiddle" this on their system or not.

Not sure on this one tbh. However, I won with NatWest c/card and found their solicitors (Cobbetts it was at the time - is it still them?) to be very reasonable to deal with. Have they detailed how the offer to you is made up? They made me a pathetic offer in the first place, but i negotiated with them and finally settled for the full amount less about 20 quid (thoguht I'd be reasonable lol) plus s.69 stat interest and court fees. It might be worth ringing them and pointing out that you originally started the claim in Feb 07 etc which makes the statute of limitations a bit redundant, and that you have documentary proof of this, so would they like to up the offer etc etc....you could also write to this effect, but i must say if it was me I'd try a phone call first, see what happens.

I think the fact that she no longer banks with Lloyds should not make any difference to whether they pay hr under hardship rules or not. You need to make a case for hardship to them. I'm not sure if there is a forum dealing specifically with hardship cases on this site, although there is on another site that I subscribe to. Thing with hardship is that no two cases are the same, so the case for hardship and the letters etc need to be tailored round each individual's circumstances, templated letters won't work as well.

Don't pay a debt remedy company, you can do it yourself. And these companies will take a percentage of whatever they get back, plus they can't do anything more than you can yourself. And sometimes they have upfront charges as well.In the first instance it might be worth ringing Natwest Collections and seeing if they can be of any help in arranging an affordable repayment plan and frezzing further charges. And also put it in writing to them. Send them an Income and expenditure form detailing everything. You might also be able to get an earlier anser on reclaiming your charges if you could make a case for hardship, but without knowing the full picture of your financial situation I wouldn't be able to advise on whether you might qualify for hardship or not.

Thanks UK. On reflection, you probably wouldn't be able to pm me anyway as my pm facility has been removed, presumably because I'm on moderation?.

It would seem to me that this thread should be in LTSB? As it's referring to a Trustcard which I believe is the tsb credit card. Perhaps that's why its had no answers despite being here since the 18th. Maybe a mod could move it to the right forum then Sleepe268 might get some help? For what it's worth, Sleepe268, I think that you would have to phone and write to the credit card company and explain that you are in financial difficulty, try and agree a repayment plan which you could reasonably afford and ask them to freeze any further charges and interest. Also, if there are loads of charges on your account, set the ball rolling by starting to reclaim the charges. You would need your statements to be able to do this. If you haven't got them, send a Subject Access Request and and cheque or Postal Order for £10. Once you have the statements etc you can total them up and send a Prelim letter to get it under way. I'm not sure how quick or easy LTSB are with credit card claims. Bear in mind that credit card claims are not included in the OFT case so don't let them use that as an excuse to fob you off. Pity the mods weren't as quick at spotting this as they were with my "major" transgression a week or so ago which appears to have resulted in my being moderated. Feel free to pm me and let me know the reason I'm on moderation, as no one has yet replied to my email on the "contact us" page.

on reading back the first post again, could it be that the £10 was actually part of a £38 for bouncing the d/d? ie a £38 charge, not a £28 overlimit charge plus a random £10? Nattie, you'll know what I mean I'm sure...

the 40.95 charge would be made up of 12.95 for advantage gold, and 28 for being overdrawn, or over your authorised limit. The 28 is not applied at the actual time of going overdrawn, its applied at the end of the month. Basically every month that you are overdrawn or over your limit, you will get a 28 charge the month after.

There are quite a few people who have had interim refunds of charges recent in hardship cases, mainly Lloyds and Abbey though, don't know of any Natwest yet. You could try pushing the hardship angle further and see if you can get a partial payment.

Last edited by jonni2bad; 10th September 2008 at 20:09. Reason: Do not ask members to PM you for the purposes of advice. Please refer to site rule I don't recall asking him to pm me, just said he could if he wanted, or feel free to pm me, or words to that effect. Soooooo sorry to have broken the rules. And glad that Stumpydave seems to be getting some help now. But there is no need to worry about me asking anyone to pm me from now on, because I seem to be under moderation and my pm facility has been removed.

try writing back to them with an offr to carry on paying a pound a month and see what happens. Or you could also try to make a case for a payout on hardship under the new waiver terms. Also, go for credit card charges in the meantime, these aren't vcovered under the OFT case so you can still claim them back. Some are easier than others, just depends on what credit cards you've got.

Well are there lots of charges on it? If so, why not just go for the charges back instead. You can do CCa route or charges, but not both. If there's enough in charges that might wipe out your debt and leave you with some left over. And its easier than the CCA route, in my opinion. I did the charges with my OH's NatWest credit card, got the lot back in 6 weeks,start to finish.

Was the loan secured against your house? If not, then how could they get a charging order? Have they actually filed court papers against you and if so have you acknowledged/put in a defence? Do you have charges on your bank account and/or credit card accounts that you could reclaim? The FOS are snowed under at the moment and couod take ages to deal with your claim, you might be better trying to make a case for hardship.

Is this a credit card account?

I had a similar thing with Natwest, except it wasn't a CIFAS warning, but a late payment marker against my mortgage account with them, when in fact no payments had ever been late. Tried the mortgage dept who said they would remove it. They didn't. I rang Borehamwood complaints department and complained very strongly. They put me in touch with the right department and I spoke to a very helpful chap who agreed to remove the marker. 5 days later I got a letter confirming it was to be removed. I rang him to discuss and ended up with the marker being removed and £100 compensation. Haven't got his name to hand but I would suggest you call Borehamwood customer relations, 0800015 4212 as a starting point. You could also contact the credit reference agency and put a statement of your file.

Same thing happened to me. I sent a rejection/partial acceptance letter then filed N1. Cobblers (Natwest solicitors, Cobbetts) sent a revised offer, after a bit of negotiation they paid up in full, well apart from 25 quid which I let them off with lol. However they have closed the credit card account now. I found Cobblers quite nice and easy to deal with. Took about 2 weeks from receiving the offer to getting the cheque.

Yes, when you file at court you will have to justify the compund interest in your POC. There are various people much better qualified than me to discuss that with. My own personal opinion is that its a minefield and unless you are very well up on it then don't do it. You should also have told crap One from the start that you are claiming CI. I also think that you should be concentrating on the charges and leave the CCA bit out of it, its just clouding the issue. Just my opinion. And its either charges claim back or CCA and unenforceable. You can't do both, certainly not at the same time. CCA route could drag on forever, whereas if you do LBa then N1 for charges it will all be over in a few weeks. Money in your pocket, no debt to Crap One, no DCAs harassing you. End of story.

Hi is anyone chasing you for the debts, i.e DCAs or similar? If not, then if I were you it might be as well to let sleeping dogs lie for the time being. If the debts are over 6 years old they will drop off your credit file, and after 6 years they will be statute barred so if no-one has chased you by then, and you haven't acknolwedged any debt, then that will be that. There are some template letters about, but tbh i can never find the right ones, I've probably got one hanging about somewhere, if I can gfind it I'll send it to you

BUMP!!!!!!!!!!!!!!! Sorry Honey, I don't know enough to answer this but hopefully someone will come along who can. I have also pm'd you

You can go the CCA route, which if it works will make the debt unenforceable, but it will still be a debt, unenforceable or not. Or you can go down the reclaiming charges back route. but you can't do both.