Violent_indie vs Natwest

[Violent_indie]

 

Ok NOW i am extremely P***ed off

 

I sent them(NatWest customer relations) a letter on janurary 9th they recieved it on the 11th,the letter was detailing that the account was in dispute, i used the template letter from the templates library.

 

I recieved 2 letters back one from customer relations saying " I acknowledge your complaint" one from nottingham collections centre saying" charges are lawful make repayment now" etc

 

I Find it very suspicious that this letter has been send from birmingham collections, and i sent a letter back to them and recieved a reply from nottingham, i bet they will claim they have never recieved any such letter from me

 

Anyway Today i recieved a notice stating their" intention to file a default and take action to recover the debt"

 

 

 

 

I have written to them 3 times in the past month each letter stated the account was in dispute, it was my understanding that no further legal action could be taken against myself whilst the account was in dispute?

 

Might i add this "overdraft" they are claiming back is 1,200 worth of charges they have levvied against me since last november,incidentally the letter they sent to inform me of their intentions has cost me another 30 pounds and they owe me 3 and a half times that much in bank charges(i.e 3&1/2 x 1,200)

 

Where should i go from here? what letters should i send?

 

the message states "call them" but i absolutely refuse to speak to those imbeciles

 

Any help would be greatly appriciated

 

Indie

[AndyOrch]

Hi Indie

 

And welcome to Cag i take it you are a tad annoyed with our friends Ratsnest.Dont take it personal this is the way they treat you when you wont play ball with them and their unlawful charge regime.Dont phone them and have you retined all your paper trail leading up to this event.You have proof of delivery on your account in dispute letter i presume?

I presume you have already sought alternative banking facilities and have now isolated our friends?

Let nature takes it course now is my advice at their cost should they wish to enforce unlawful charges you will have more than enough to defend any action sort against you.

 

I trust the above is of help

 

Regards

Andy

[Violent_indie]

Hi andy and thank you for your response

 

I do have alternative banking arrangemets yes, i had a barclays account laying dormant for a few years but it is now being used and its a breath of fresh air

 

I do have proof of delivery and i have kept all of their responses, do you think i should write to them telling them of my intent to go to court and carry on with my bank charges claim regardless?

 

I just want to make sure i am on the correct legal footing and dont want to leave myself open to these vultures,and dont worry i never call anybody nor do i "pass security" when requested to on the telephone either;)

[AndyOrch]

Hi Indie

 

Yes by all means progress with your claim they cant do anything to you so hence their threats bla bla la.I presume you have your statements to hand and have calculated your claim ? then proceed dont be suprised if they do instigate litigation in retaliation but then you have Cag now and we will guide you the rest of the way

 

Regards

Andy

[Violent_indie]

Another 114 pounds worth of charges today and a notice of default served, seeing as it says from date on the letter i am at my wits end someone please advise as to what to do next

[Violent_indie]

Bump

[AndyOrch]

Hi Indie

 

Apologies for the delay in getting back to you .Right what have you recieved from our freinds is it Notice of termination on your overdraft/current account and does it give all the prescibed rectifications? ie what period to rectify said breach 14 days?

Does the amount in question tally with your calculations?

Also there will be a £30.00 charge for termination notice which you need to add to your claim as this is also a penalty charge.

I will post a letter shortly for you to send to our frends which will outline the siuation a bit more forceable than your letter in dispute

 

back shortly

 

 

Regards

Andy

[AndyOrch]

Hi again Indie

 

Now the situation is they will ever attempt to pass this account to internal sols or even internal DCA which is more within keeping with their style.Which ever way you can tailor the following to suit your needs

 

 

Courtesy of CurlyBen, from his library.

 

Formal Complaint

Letter Before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

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 await your rapid response.

 

Yours Faithfully

 

 

Edit to suit dont sign print

 

 

 

 

So now its a case of who blinks first only post the above following their next move

 

 

Regards

Andy:cool:

[Violent_indie]

Thanks for you response and sorry i havent replied sooner i've had a lot on of late well i have sent that letter to the three different departments i have recieved correspondance from today recorded delivery so i await their standard issue reply

[Violent_indie]

And in regards to your 1st reply they gave me 28 days to reply or they would take action to get the debt or take me to court etc, the dat is 21/02/2008 so i fear i have left it too late to respond to them, any ideas as to what to do?

[AndyOrch]

Hi Indie

 

I wouldnt worry too much about the 28 days they will have enough on their plate when the above lands in their offices.You have outlined the account is in dispute and further you have reiterated that any attempt to collect or initiate litigation will be challenged vigoursly.Just see what happens now update your thread then we will take the matter further.

 

 

Regards

Andy

[Violent_indie]

Ok so a kind of update.

 

The default will go on my file march 4th,they want me to arrange a consolidation loan for the "amount owed" im at my wits end here I am considering just getting it paid off and then claim the charges back, can i do this, if i was to go down the loan route? i have been called 10 times today i really really cant stand this anymore i just want them to go away.

 

 

Incidentally what sort of effect will a consolidation loan have on my credit rating/file/score? Is it worse than i satisfied default or the lesser of two evils

 

Please help

[AndyOrch]

Hi Indie

Devils advocate time.Should you refinance to consolidate. the new agreement will be watertight and in effect a completly new financial arrangement.You could still argue the fact that the finance was to pay off your overdraft which contained unlawful charges and try that route.Personaly myself i would be prepared to let them come to me and challege.If the calls are getting to you check out the templates library and post off the harrssment letter in the meantime but give carefull consideration to your next move this is a decision only you can make and fight if needs be.

 

 

Regards

Andy:cool:

[Violent_indie]

Thanks again for your reply,I have looked at all previous statements, and minus this overdraft made of charges they still owe me nearly 3 thousand pounds( its much more than i expected, i will be honest but the facts dont lie and interest hasnt been added along with that) So im willing to let this amount go(1440), The 3000 is on this "defaulted account" alone( i havent even began tackling my other account. ) Would i be able to clim all the other charges excluding what i ould have effectively "paid off " with the consolidation loan, i just want to be in a postion where all my accounts are in the black and stop this spiraling even further out of my control i can EASILY afford the monthy repayments and have a lil bit put aside incase of going out of employment,so i dont see this as landing myself in it i see it as a means to an end.

 

Can you see here im going with this?

With this in mind what would you suggest,btw i have already sent them the harassment letter seems its "not on the system"

[Violent_indie]

when i say i bit put aside im not talking big amount but im pretty much self employed,and for the first time in my life have a decent income, i dont have enough put aside to pay this overdraft off in its entirety yet but could cover 3/4 maybe 5 months payments from my lil stash

[AndyOrch]

hi Indie

 

how many accounts do you have with them?Why do you think they are keen to lend you more considering they are about to default you.

Why should you use your "stash " to clear unlawful charges that by rights is your money anyway?

Im afraid i tend to use the approach of open a new account isolate them and let them do the leg work if at the end of the day they owe you more than you owe them then why make the first move at your cost.Just start your claim if needs be if you are happier with that approach and watch them retaliate.I have seen it many times before and would always advocate letting them make the the first move but the choice is yours and what you feel comfortable with .

 

Regards

Andy

[Violent_indie]

I have another account, with barclays, they have non of my money going in but are taking plenty out. I hold two accounts with them one is at 0.00 so im gonna close that one, i want to bring this other one up to date to cut that particular tie with them. I am pursuing i just want this out of the way whilst i get my claim resolved, and the judge taking his time with a ruling in the test case isnt helping

[2Grumpy]

Default notices have to have the precise wording contained in the act, even down to having the correct upper/lower case letters in all of th eimportant places.

 

It might be worth posting a scanned copy here, minus the personal details & sum, so that you can get an opinion as to its validity.

 

Grumpy

[Violent_indie]

im afraid i dont have a scanner so that isnt possible. im afraid and my printers gone bust to, so random question, do hand written letters serfice just as well as printed ones? obviously i wouldnt ever sign my name on these letters either

[Violent_indie]

Recieved this fromthe customer response unit yesterday.

 

Dear miss indie

 

Thank you for you recent letter regarding your claim for bank chanrges.

 

As outlined in our previous letter to you, we will reslove your complaint one the legal proceedings between the office of fair trading and the banks are determinded. Please refer to back to our initial letter for a detailed explanation of these proceedings.

 

We cab assure you we have registered and stored your complaint.Please retain your bank records as this will make it easier for your to support your complaint on resolution of the test case.

 

If you have further questions or would like a update on the latest position regard the proceedings please check our website,http://www.natwest.com.overdraftchargesupdate

 

or cull us on 0845 3030 456 lines are open 9-5 monday to friday or 9-1 staurday

 

Yours sincerely

 

Mrs s smith

 

Customer response services unit

[Violent_indie]

Bump

[Violent_indie]

So what should my next move be ? should i respond asking for the charges back again or just carry on the way i have been doing, i've not heard anything from the cllections department in a while either, so this are looking much better.

 

Just want to know what my next step,if any,should be.

[AndyOrch]

Hi Indie

 

Just proceed with your claim for now and sit tight should they decide to retaliate then just post and we will take it from there.

 

 

 

Regards

Andy:)

[Violent_indie]

Hi,

 

Quick update, heard nothing for a few months, kept tlling them i would pay off or take loan felt extremely pressured by them to do so, they were stressing me out no end.

 

Anyway i've not recieved anything in the post yet, but on the telephone, they said i had 28 days to clear the debt or it would be passed on blah blah now i thought they couldnt do that cause of my previous letters in this thread.

 

What should i do now:( my personal circumstances have changed majorly and i think i may have a case for financial hardship.

 

 

They did set a reducing overdraft up for me, at 1750 but their charges this month have put m 84 over that so by next month ill probibly be about 2000 overdrawn this has gone too far now I WANT MY MONEY BACK.

[2Grumpy]

RBoS / NatWest made a loss last year. This is how they are hoping to recover it! Add unjustifiable unlawful charges to your account & then bully you into paying when in reality they owe you