natwest default and dca

[eileen58]

Hi everyone,Wonder if anyone can give me some advice. I am claiming back charges for my son. Natwest has put a default on his credit file and has now sent his accounts to Trition dca. Previously the debt went to Tamarisk dca and all of a suddent it has went to Triton. I wrote to Tamarisk and told them that under the Banking Code Section 13, paragraph 6 it states that an account that is in dispute cannot be referred to a DCA. Is this right.Also is it true that if you are claiming back your charges they cannot take any legal action for you to repay the overdraft, if the account is in dispute.I personally think that they have completely messed up here. When my son complained about his charges they just totally closed his account there and then without any warning. Took everything off the internet and then started to default him.I am presently compiling a file to send to the fos. in the hope that they can help us.I would be grateful for any input here. I don't want to mess up.Eileen

[trish dunn]

I need to know the answer to this one myself! I had already accepted, signed and returned their offer letter, which they acknowledged. Then they decided to rethink their offer. So I took them to court to fulfill the contract. That was over a year ago. I received a letter recently saying that they were going to appeal but were happy with the court's decision that the penalty charges are not illegal.

They've threatened to default my account unless I pay up. I do not have the money so have worked out a payment plan that I really can't afford. They've agreed not to add any more charges but the interest still accrues.

I am of the same opinion as you. I have written them several letters stating this. I have reminded them of this on several occasions when they have called to ask for money. I finally wrote and asked that all correspondence be done my mail. They still called and threatened legal action and default.

 

I am watching your thread closely. I hope someone answers this one soon!!!!!

 

Trish

[AndyOrch]

Try this

Dear Sir/Madam

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to your Company

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully (Dont Sign)

 

 

 

Regards

Andy;)

[eileen58]

hi Andyorch,I have basically sent the above letter (recorded delivery) but as yet I haven't received any reply, so basically I am just waiting for any more escalation in action that the Natwest may do. Triton did phone my son but he basically told them to write and that he was not going to pay them a thing. The chap on the phone was not happy at all because he could not bully my son.I am presently waiting to see what either Trition or Tamarisk do now. If they send out any more demanding letters I will just complain to the FOS, IOC and anyone else that I can think of.Eileen

[eileen58]

Hi Trish,I know that the dca's can be very aggresive and frightening when they phone you and that they make you feel as if you are an idiot, but I would not let them bully you into paying, especially if you are having financial problems.I certainly do not know if I am doing the proper things here, but I just refuse to let them steamroll my son into paying these charges.I personally think that the banks have got even more aggresive about the charges and I think that they are trying to get as much money as they can from us because of the credit crunch. Poor things are finding it very hard just now.I am certainly not telling you what to do but I will keep this thread updated to let you know how I am getting on.My next course of action will be complaint letters to the FOS and also the IOC complaining about the multiple dca's. How many times do they want to collect on these accounts.Hope this has been some help.Eileen