Nat west and first credit

[jayjay11]

HELP PLEASE

Hi can someone advise please.. My partner has been on a payment plan for a nat west overdraft since divorce the account was in joint names. Got a letter saying debt transfered to first credit then a card arrived a few days later saying someone ants to call and then today 3 days later a letter from first credit Final notice before action saying failed to respond to request for payment although none recieved and demanding £60 payment and undertaking for discharge of balance.

Q. should S A R be sent to nat west and copy to first credit

& do sar's cover overdraft debt??? Thanks if someone can help

[MARTIN3030]

A subject access request would cover everything.

However it gives them 40 days....

I would send the Subject Access Request to NatWest.

At the same time send a CCA request to 1st credit,asking for a copy of any notice of assignment,clarification as to whether they are acting as agents,or assignees.

Copies of all transaction information to which their demands relate-to include any interest charges and additional charges,showing how such charges or additional fees are calculated.copies of any default notices and details of any third parties who have been notified of/or have been a party to any of your data.Enclose £1.00 postal order and state that this is to being sent as stat payment for your CCA request,and should not be used for any other purpose.

Should they fail to allocate this as that fee,you will report them to the FOS.

 

Make this request under your rights of pre action protocols (Practice directions)4.6

 

Head the letter "Legal Notice"

send recorded and keep a copy.Dont sign anything.

Edited January 7, 2009 by MARTIN3030

[blipvert]

I may be completely wrong but I wonder if 1st Credit are casting their net wider, this is the first thread I've seen where a Natwest account has gone to them.

[cymruambyth]

Don't forget never speak to them on the phone as they are intimidating and generally horrible.. Also, as soon as they start phoning send the telephone harassment letter. Finally, when they fail in any way ask for their official complaints procedure.

[42man]

Jayjay. I spotted your request on another thread The harrassment letter is here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

As for the situation with 1st Credit then send this letter by recorded, and have you reclaimed your excessive charges from NatWest ??

 

Dear Sir/Madam,

Thank you for the above referenced letter,although I am totally bemused as to why I have received it.

 

The author of the letter seems to have taken no notice of the present state of the account as it stands,for the following reasons :-

 

Last year,in the High Court banks applied for and were granted, ‘stays’, to my claim for ‘penalty charges ‘.Part of the High Court Order states that NO ENFORCEMENT ACTION IS TO BE TAKEN BY THE BANK TO RECOVER any supposed charges made by them ,until the OFT Test Case has been resolved.AND in addition should any action be taken by the Bank,then the ‘stay’will be lifted,and no doubt ,judgement would be awarded in my favour..

 

2) I am sure that Natwest/1st Credit conform to The Banking Code,and as such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute.The High Court Order I would suggest is reasonable evidence to assume that this account is in dispute.

 

3) I am also sure that Natwest/1st Credit are fully au fait with the, Office of Fair Tradings code for

Debt Collection Guidance,and I draw your attention to the latest information from their publication,July 2003(updated December 2006);-

 

The following are deemed to be at the very least UNFAIR practices.

 

a) Section 2,2 b,Leaving out or presenting information ,in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge.

HOW you could miss the ‘stays’on accounts is beyond me.

 

b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm.

Your last paragraph of your letter threatening collection agencies etc.

 

c) Section 2.6 h,Ignoring or disregarding claims ,that debts are settled or disputed ,and continuing to make unjustified demands for payment.

 

d) Section 2.6 I,Disclosing or threatening to disclose,debt details to third parties ,unless legally entitled to do so.

 

e) Section 2.6 k,Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

 

I can only assume that based on the above,that this letter must have been sent in error,as I am certain you would not wish it to be seen as VEXATIOUS.

 

Your letter has obviously caused me a great deal of unnecessary concern,and worry,resulting in me having to take third party advice,undergo law and internet research,and take time out from my employment,as well as postage costs,to reply to your letter.As you are a Bank,and regularly make charges to customers,I have taken the liberty of charging you the sum of £35,which I will add to my costs against yourselves.

 

I further feel,that as a show of good faith by the Bank,that any further fees and/or interest should be frozen,pending the outcome of the OFT Test Case.

 

I would also point out that I intend to maintain my legal rights,and if necassary, file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.including High Court action

 

I trust you will give this due diligence,and look forward to your reply within the next 14 days.

 

Yours faithfully

[Duffers Mum]

I didn't think overdrafts were covered by the CCA or am I wrong?

[PGH7447]

send crapwest a sar and tell 1st crud that until the sar is complied with the account is in dispute

[jayjay11]

=09-01-2009123049-1.jpg - Image - Photobucket - Video and Image HostingHere is the letter from first cretins note the dates was picked up from post office on 23 Dec !! Coments please Is this a joke or they really that daft!!!!! no default ever received and payment on a plan to nat west made up to Dec 08.

Edited January 9, 2009 by jayjay11

[PGH7447]

nothing attached:)

[jayjay11]

whoops should be ok now

[seniorservice]

Looks like this is a different company to our friends at 1st Credit on which there are many CAG posts. 1st Credit are allegedly based in Reigate, Surrey.

[PGH7447]

correct this is not the 1st credit but another pondlife company

 

however it is the standard threat-o-gram used by all these types.

 

nice website I particularly love their Debtors Area

 

this bit in particular

 

Please be aware that we do not send repeated reminders prior to considering further action. If we do not receive a response from you then we will consider either arranging for one of our Agents to call at your last known address to collect payment from you, or to trace your current whereabouts. We will also consider commencing County Court proceeding against you which may lead to your possessions being repossessed and/or part of your wages being deducted directly by your employer.

LMFAO

[jayjay11]

i wondered if it was orh driving to their office on xmas day to see if anyone could take my payment i as that scared!! NOT>>>>

[jayjay11]

i wondered if it was worth driving to their office on xmas day to see if anyone could take my payment i was that scared!! NOT>>>>