Natwest Claimform - current Account

[MAGDA]

Hi, hello to everyone on the forum as I have just joined today. I hope you might be able to offer some info.

 

We had a bank account with Natwest some years ago, and when my husband lost his job, fell into financial difficulties. We had an overdraft of around £7,000 and a charge card. When the account hit problems the debt on the charge card, around 4k, was added to the overdraft, with a total of around £11,000.

 

Have been paying £25 per month to Natwest, and they have recently been asking for an increase (very aggressively) and have been generally threatening and unpleasant. The debt is managed by their inhouse team Unidebt. We were recently informed by Unidebt that the debt is now around 25k, as they have been applying interest, which we were not aware of. I wrote and asked for a copy of the consumer credit agreement and received a reply today stating that this is not relevant as the debt is an overdraft and there wouldn't have been one. Is this correct?

 

Cheers for any help you are able to give.

[tonycee]

Hi.

I thought even overdrafts were bound by some form of documentation.

Post your thread here

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

There are some real knowledgable people on there who will be only to pleased to help you.

Good luck

[MAGDA]

Hi, Many thanks for that, will give that a go.

[MAGDA]

Hi, hello to everyone on the forum as I have just joined today. I hope you might be able to offer some info.

 

We had a bank account with NatWest some years ago, and when my husband lost his job, fell into financial difficulties. We had an overdraft of around £7,000 and a charge card. When the account hit problems the debt on the charge card, around 4k, was added to the overdraft, with a total of around £11,000.

 

Have been paying £25 per month to NatWest, and they have recently been asking for an increase (very aggressively) and have been generally threatening and unpleasant. The debt is managed by their inhouse team Unidebt. We were recently informed by Unidebt that the debt is now around 25k, as they have been applying interest, which we were not aware of. I wrote and asked for a copy of the consumer credit agreement and received a reply today stating that this is not relevant as the debt is an overdraft and there wouldn't have been one. Is this correct?

 

Cheers for any help you are able to give. Posted this on the 'welcome forum' and they suggested I post here.

[Having_A_Knightmare]

Hi

They are correct about the overdraft but they still should send you the original letter with the intrest rates of the overdraft etc.

 

I am confused about the charge card. Do you meen a Credit Card

 

HAK

[MAGDA]

Hi, thanks for your reply. No the charge card was a card a bit like a credit card, which could be used in the same way, but the balance had to be cleared on a certain date each month and couldn't be carried over. When we started to have difficulties with the account, they added the charge card debt onto our overdraft, which of course made it a lot larger.

 

Magda

[Having_A_Knightmare]

Hi

 

Not sure about the charge card will wait and see when someone more experiance come on line.

 

HAK

[Chalkitup]

Hello Magda,

 

I have exactly the same going on with Nat West re overdrafts on a private and on a business account.

 

I have to log off now but see my thread Chalkitup v DCA's

 

The bank have given me misleading info all the way.

 

I will contact you tomorrow and help all I can.

 

Onwards and Upwards

 

Chalkitup

[N.P]

Hi there,

 

HAK, shouldn`t they CCA the Bank and make a request for the Account Opening Form instead of a Credit Agreement? I beleive you mentioned this to me in one of my own threads.

 

Regards

 

 

N.P

[Having_A_Knightmare]

Hi NP

 

That would be OK for the overdraft to do.

 

Not sure on the charge card-MAGDA did they charge you intrest on the chrge card.

 

HAK

[rory32]

A charge card is covered by the Consumer Credit Act.

[Santos L Helper]

Hi all

 

Just a quick question regarding charge cards.

 

I have a Diners club charge card which I thought did not come under the CCA 1974 so I have never bothered going for penalty charges etc.

 

I cannot find any info on CAG about Diners Club card and thought that because its not a form of credit eg, no apr and you settle every month in full etc it didn't come under the CCA.

 

If it does I may have a few quid to get back off them.

 

They are owned by Citi bank (which is never a good thing!).

 

Any info would be appreciated.

 

Regards

 

Santos

[rory32]

Santos, even if it wasn't covered by the CCA you could still reclaim charges as they are penalty charges and as such are unlawful. This point of law has nothing to do with whether or not the agreement is covered by the CCA.

[Santos L Helper]

Cheers Rory

 

Will put that at the top of my to do list

 

Santos

[MrSooty]

I'll be very interested to see how Magda gets on with Natwest, as we are in virtually the identical position to her - starting around 4 years ago with total account debts of around £6k, which despite paying £50 pm to them for over 3 years, has now risen to £8K+ as they have added interest and other charges!!

 

I sent my CCA request yesterday, so let's see how we get on.....and yes, I have stopped paying as well - if they want to go to court, that's fine with me - then the Court can see what greedy piggies they have been with their noses in the trough all this time and NO, I wasn't aware of the interest being added either (thought they had agreed to cease charging, but failed to get it in writing - silly boy) until I received a quarterly statement 'by accident' - typical Natwest inefficiency!!

 

I'm in the mood - so let's do it!!!

[MAGDA]

Hi MrSnooty, Is your debt being handled by their inhouse team 'Unidebt'? I have found them to be really rude and unhelpful, trying to intimidate us into borrowing money against the equity in our home, etc, using the threat of court action and a charge on our propety. I am pretty sure we were informed that the interest had been frozen also, but like you, did not get this in writing! My complaint about the handling of the debt and the interest charges etc is now being handled by their customer care team, I have requested a breakdown of interest charges and an explanation of how the current balance was incurred. They have written and stated that there isn't any CCA for an overdraft, but have stated in the letter that the interest is now frozen and no further charges will be applied, so that is something. They are now also investigating my complaint and should hear back in ten days or so. These people are all oh so caring when taking your money, but not very nice if you hit problems.

 

Good luck with your own situation - keep us informed of what happens.

[MrSooty]

Thanks Magda - our situation is slightly different in that we are/were still dealing direct with the Bank, although they have now an outfit called 'BCW' on the case!

 

Like you, being pretty new on here (great place to find though), I'm still learning and am not fully clear regarding the 'status' of a Bank Account balance which becomes 'delinquent' - is that a 'Credit Agreement' - or not?

 

This issue of charges does seem much clearer and like you, we have been hit really hard with the 'extras' that Natwest and other Banks seem to think are their just entitlement - none of our other Creditors are charging interest, but dear old Natwest continue to do so - so they are no longer being paid !!!

 

The time honoured phrase' see you in court' suddenly feels particularly appropriate to me

[rory32]

Don't let the bank fob you off with telling you that the CCA doesn't apply to overdrafts. It does. They have part V exemptions from the Act (form and content). The agreement however would simply take the form of a letter from your bank stating the overdraft limit, APR, charges and cancellation rights. These would be the terms of the agreement and do not need to be signed by the debtor Coutts & Co v Sebestyan 2005.

[MrSooty]

Thanks for the 'bonza' response from Rory32 -apologies for making you guys repeat all the 'obvious stuff' so frequently and yes, it may be in the FAQ section - I have looked through some of it - but there is simply so much to this when you're new, so like all 'newbies' we just keep asking dumb questions!

 

Glad to hear the Banks are included in the legislation, too often in life, there seems to be a 'qualifier' which just happens to mean that it doesn't apply to YOU - but seems like we are all in the same boat and not a hole in sight!

[N.P]

Hi,

 

I`m not sure, but I would have thought that the overdraft would be covered by a CCA as it is basically an on-going loan which you are paying interest on. Sometimes they even up the credit without your permission.

 

Does anyone else have any comments on this?

 

Regards

 

 

N.P.

[MAGDA]

Thanks for that N.P. I thought the overdraft would be covered by a CCA as well, but according to Natwest it isn't. I have had some replies which have said I should probably ask for the Account opening application form, rather than the CCA, although the overdraft should still have been confirmed by the Bank in writing at the time, so I should be able to ask for a copy of that.

 

I did ask Natwest for a copy of the letter (confirming the 0/D) recently, and they said they would have to look into it, which probably means they no longer have a copy. I wonder if the debt is still enforceable without this, or the Account opening application form, as they have threatened legal action recently and have said they will attempt to obtain a charge on our home.

 

thanks again,

 

Magda

[MAGDA]

Hi, thanks for your posts and sorry I haven't replied sooner. I have received a reply from NatWest (on behalf of Unidebt) as I complained about Unidebt's threatening and unpleasant behaviour etc... and it was passed to someone in the customer care team at Nwest to deal with (Unidebt are their inhouse recovery team). I also received a letter from their recovery manager, who confirmed that a CCA is not available for an overdraft and they are merely required by law to give a statement of account (which is all that is required under the CCA) They have therefore provided details of the o/s balance, interest currently being charged, which is apparently zero. Apparently that is all that's required of them. With regard to the charge card, although that is covered by a CCA, they state that as the debt for the card was transferred by the bank onto our overdraft, it is not covered either, as this left the card with a zero balance and the account was closed. The customer care team have informed us that they are still charging interest which has boosted the debt to £25000 plus. When I mentioned the letter stating zero interest was being applied, they were very surprised and said they would have to look into it! However, I have this in black and white. The comment from Rory was really helpful, re: Letter of terms and conditions. Is the debt still enforceable if they can't provide this, as they have recently threatened legal action and obtaining a charge on our property, although they would have to get a forthwith judgement first.

Thanks for your help so far, it's really appreciated.

 

Magda

[MAGDA]

Hi, thanks for your posts and sorry I haven't replied sooner. I have received a reply from Natwest (on behalf of Unidebt) as I complained about Unidebt's threatening and unpleasant behaviour etc... and it was passed to someone in the customer care team at Nwest to deal with (Unidebt are their inhouse recovery team). I also received a letter from their recovery manager, who confirmed that a CCA is not available for an overdraft and they are merely required by law to give a statement of account (which is all that is required under the CCA) They have therefore provided details of the o/s balance, interest currently being charged, which is apparently zero. Apparently that is all that's required of them. With regard to the charge card, although that is covered by a CCA, they state that as the debt for the card was transferred by the bank onto our overdraft, it is not covered either, as this left the card with a zero balance and the account was closed. The customer care team have informed us that they are still charging interest which has boosted the debt to £25000 plus. When I mentioned the letter stating zero interest was being applied, they were very surprised and said they would have to look into it! However, I have this in black and white. I am a bit confused now as to whether the overdraft should be covered by a CCA or not and would appreciate your comments.

 

Thanks for your help so far.

 

Magda

[MAGDA]

Hi, can anyone please help. I had a further letter from Nwest today. They do not have the letter originally sent to me (due to the passage of time) which was sent when we converted our account to a different one offered by Nwest, detailing terms and conditions and interest rates etc, relating to the a/c and overdraft. The bank states that they have sent me print outs of my account statements dating back to this period and this basically is good enough. Is this correct and is this debt enforceable without the letter, which they obviously do not have.

 

Also, I received a letter from the Recovery manager a while ago stating that interest now being charged is zero and the balance had not increased. However, according to the letter received today, while the debt is in the hands of their temporary debt collector (unidebt, part of Natwest bank) the interest is frozen, and the debt has reduced by over £600, but (to quote Natwest ) "if it is referred back to this office today, then the outstanding balance with rise accordingly" by almost £9000, as the backdated interest will then be applied. Surely it must either be one thing or the other and they either add interest or they don't.

 

Would be very grateful for your comments.

 

Many thanks

 

Magda

[MAGDA]

Hi, can anyone please help. I had a further letter from Nwest today. They do not have the letter originally sent to me (due to the passage of time) which was sent when we converted our account to a different one offered by Nwest, detailing terms and conditions and interest rates etc, relating to the a/c and overdraft. The bank states that they have sent me print outs of my account statements dating back to this period and this basically is good enough. Is this correct and is this debt enforceable without the letter, which they obviously do not have.

 

Also, I received a letter from the Recovery manager a while ago stating that interest now being charged is zero and the balance had not increased. However, according to the letter received today, while the debt is in the hands of their temporary debt collector (unidebt, part of NatWest bank) the interest is frozen, and the debt has reduced by over £600, but (to quote Natwest ) "if it is referred back to this office today, then the outstanding balance with rise accordingly" by almost £9000, as the backdated interest will then be applied. Surely it must either be one thing or the other and they either add interest or they don't.

 

Would be very grateful for your comments.

 

Many thanks

 

Magda