Default on Student Account! Please help!

[atchaa]

Hi,

 

I have a NatWest default on a student account from 2006. It went over the overdraft limit,and had massive late charges put on. I forget exactly how much ( the total overdraft debt was £1460). I paid this off back in Feb 2006. I am yet to contest those bank charges.

 

I am about to write a letter, but what should I lead with? I am thinking these:

 

1 ) The fact that my contract with them has ended, should mean that my

permission for them to process data about that account has also ended.

2) Defaults contained unlawful charges then the defaults

themselves are unlawful as they do not reflect the true amount of the debt

3) Challenge under the CCA - ask to see a copy of default notice, and of the CCA.

 

How do I go about reclaiming the charges and simultaneously having the satisfied default removed? Can it be done?

 

Which should I lead with? Any help much appreciated.

[steven4064]

3) Challenge under the CCA - ask to see a copy of default notice, and of the CCA.

You cannot get a copy of the agreement under s77(1) of the CCA because the debt is paid off. Section 77(3) says

(3) Subsection (1) does not apply to--

(a) an agreement under which no sum is, or will or may become, payable by the debtor

How do I go about reclaiming the charges and simultaneously having the satisfied default removed? Can it be done?

You should start by sending an SAR to get all your statements so that you know how much you have been charged. There is a template in the bank templates library. Once you have those, you can start a claim for charges (again there is a template letter, which includes default removal)

Which should I lead with? Any help much appreciated.

Lead with a claim for charges. You should be aware, though, that the OFT case is still ongoing which will probably mena that your claim will be held up at some point until the case is over.

[sammyb2005]

what were the charges on your account?? default charges are £30. So the debt mentioned is that - £1400 for the od facility that you used (interest free) and £60 worth of charges??