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Natwest Nightmare - Help Me Please !


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Hi Everybody,

 

I am having an absolute nightmare with the natwest and wondered if anyone can help me with this. Apologies for the long-winded post but I think a full history will be helpful.

 

I had a great job and great income and took out a loan with the natwest. I took payment protection. Then I became ill with a chronic illness and have been unable to work for 7 years. I am registered disabled. The payment protection paid the loan payments for 5 years then just stopped. They said it may be written off. Then they said it wouldn't, but if I went back to work "even for a week" the payment protection would kick in. I have been far too ill to return to work. There is £7000 now left on the loan.

 

So for the past 2 years the natwest have continued to collect £238 per month from my account with only £400 coming in. I told them to stop but they said I had exemplary credit and a large overdraft facility. I said I didn't want to use it. They said they couldn't stop the payments and have continued to draw the money, until surprise, surprise I now have an overdraft of £3800 - they are now chasing me for this.

 

I even went to see them about it a year or so ago - I was sold an upgrade on my account (advantage gold - charged per month) which I was told was needed to put me on a lower rate loan. The lower rate loan turned out to be a higher rate loan which their compliance department refused. They continue to charge me for the protection on the loan !!

 

 

I have changed banks and made a cca request for the loan. Nothing back yet.

 

The Natwest have now sent me a notice of default letter on the overdraft. I have made no offer to pay them. What are the implications of this. Even though I am very sick I will defend myself in court if it's going to come to this. Should I write to the natwest pointing out all of the above and confront them on this or am I wasting my time ?

 

I feel they've treated me appallingly. What was the point in taking protection on a 10 year loan when now faced with a chronic dehabilitating illness they're ruining me anyway ?

 

I have a distinct lack of paperwork regarding this matter. I sent them a letter by recorded delivery twice. This went to my bank manager. I rang him to check if he'd received it - "Oh, sorry Steve (not mr.*****), you need to speak to the lending centre". I spoke to the lending centre who said I needed to speak to the insurance department covering the payment protection etc. etc.etc. Just round in circles ....They sold me the thing !!

 

Any guidance on this matter would be greatly appreciated. I've considered debt advocacy but I don't want to make arrangements to pay this debt. I feel the natwest have completely screwed me over.

 

I feel so angry, because I'm tough and I can take this, but I could see many being tipped over the edge. The lesson to me seems to be don't EVER borrow money because ANYONE can end up with a chronic illness which will eventually destroy you, regardless of what protection you have. Small print aside, I think they're treatment of me is digusting.

 

And clearly many others too.

 

 

Thankyou in advance,

 

 

 

Steve.

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Hi,

 

Thanks for your reply. I just put the cca in last week.

 

I have effectively lived off the £400 coming into the account, so the overdraft is made up of their constant drain of £238 per month and interest - otherwise I would only have been left £162 per month to live off. The charges, as far as I'm aware, have not been excessive as it was an authorised overdraft. So I would say at a guess perhaps £2-300 of it is interest.

 

What charges they are now adding to the account I dread to think.

 

I put a stop to all this by changing my bank account and cancelling the direct debit for the loan repayments ( I didn't know I could do this until I had a look into my online account). Having cancelled the direct debit they then sent me a letter the other day with a £30 charge for refused direct debit - I'd cancelled it 2 months ago !!

 

Hope this helps to give a fuller picture and thanks for taking the time to read my experience with them.

 

Cheers,

 

Steve.

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Hello Steve,

 

 

I am having an absolute nightmare with the natwest and wondered if anyone can help me with this. Apologies for the long-winded post but I think a full history will be helpful.

 

I had a great job and great income and took out a loan with the natwest. I took payment protection. Then I became ill with a chronic illness and have been unable to work for 7 years. I am registered disabled. The payment protection paid the loan payments for 5 years then just stopped. They said it may be written off. Then they said it wouldn't, (was this information given by letter? and if so do you still have a copy) but if I went back to work "even for a week" the payment protection would kick in. I have been far too ill to return to work. There is £7000 now left on the loan.

 

So for the past 2 years the natwest have continued to collect £238 per month from my account with only £400 coming in. I told them to stop but they said I had exemplary credit and a large overdraft facility. I said I didn't want to use it. They said they couldn't stop the payments and have continued to draw the money, until surprise, surprise I now have an overdraft of £3800 - they are now chasing me for this.

 

I even went to see them about it a year or so ago - I was sold an upgrade on my account (advantage gold - charged per month) which I was told was needed to put me on a lower rate loan. The lower rate loan turned out to be a higher rate loan which their compliance department refused. They continue to charge me for the protection on the loan !!

 

 

I have changed banks and made a cca request for the loan. Nothing back yet.

 

The Natwest have now sent me a notice of default letter on the overdraft. I have made no offer to pay them. What are the implications of this. (this will need to be asked in the legal/debt forums) Even though I am very sick I will defend myself in court if it's going to come to this. Should I write to the natwest pointing out all of the above and confront them on this or am I wasting my time ? (Yes I would write giving them the full story. Then if they refuse to help you and it goes off to the FOS or Court it would not show them up in a very nice light)

I feel they've treated me appallingly. What was the point in taking protection on a 10 year loan when now faced with a chronic dehabilitating illness they're ruining me anyway ?

 

I have a distinct lack of paperwork regarding this matter. I sent them a letter by recorded delivery twice. This went to my bank manager. I rang him to check if he'd received it - "Oh, sorry Steve (not mr.*****), you need to speak to the lending centre". I spoke to the lending centre who said I needed to speak to the insurance department covering the payment protection etc. etc.etc. Just round in circles ....They sold me the thing !!

 

Any guidance on this matter would be greatly appreciated. I've considered debt advocacy but I don't want to make arrangements to pay this debt. I feel the natwest have completely screwed me over.

 

I feel so angry, because I'm tough and I can take this, but I could see many being tipped over the edge. The lesson to me seems to be don't EVER borrow money because ANYONE can end up with a chronic illness which will eventually destroy you, regardless of what protection you have. Small print aside, I think they're treatment of me is digusting.

 

And clearly many others too.

 

 

Thankyou in advance,

 

First thing is to submit a Subject Access Request....

 

Data Protection Act 1998 - Subject Access Request

 

The fee is £10.00

 

Ask for the following:

 

A true copy of the original Consumer Credit Agreement with the terms and conditions that were applicable at the time the loan started.

 

Copies of all of your statements.

 

Copies of all correspondence letters, emails, faxes etc.

 

A copy of the Customer Needs and wants/Customer duty of care questionnaire that should have been completed at the point of sale. The bank should have completed one to ensure they asked all the relevant questions to ensure the product was suitable for you.

 

All other data they hold on you as a data subject in whatever format they use, paper, electronic, cd, floppy disk, microfiche , tape recordings of telephone conversations or transcripts of conversations or indeed any notes made during the conversations.

 

They have 40 days to comply plus 2 for postage times.

If they fail to respond then complain to the Information Commissioners Office.

 

Keep everything in writing and keep copies to send to the ICO and FOS.

 

I would also suggest you contact the FOS for further advice as they have handled thousands of claims.

 

Some contact information for you here

 

PPI - Some Notes for Claimants..

 

From the Information Commissioners Office

Ensuring Personal Data is handled correctly - Data Protection Act

 

The FSA has outlined 6 outcomes which it aims to achieve:

Treating customers fairly

 

http://www.fsa.gov.uk/pubs/other/tcf_deadline.pdf

 

For the Information Commissioners office. (this is an option if the DSAR is not complied with)

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

 

Information Commissioner's Office - Information Commissioners Office

 

http://www.ico.gov.uk/upload/documen...lain_final.pdf

 

Complaints - Information Commissioners Office

 

Links that may help with your claim for Mis-sold PPI

Financial Ombudsman Service

 

http://www.financial-ombudsman.org.u...-insurance.pdf

 

The Office of Fair Trading: making markets work well for consumers

 

I would consider while waiting for the results of your SAR to contact the OFT, FSA, FOS to give them the complete history on your issue with the natwest.

 

 

I will flag up your thread to the site team to try and get some assistance on the legal/debt issues such as Default Notice etc

 

A lot to look at but I hope this helps get you started.

 

The eventual aim is to get the FOS to uphold a complaint for mis-selling and to claim back all of your PPI premiums with the interest.

 

aa

  • Haha 1

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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When did you first take the overdraft out, also?

 

It could be that the overdraft is unenforceable, as well as the loan - that would just turn out to be a bit of rough justice if it is.

 

There's some links in my sig telling about the CCA and overdrafts - it seems complicated, but it isn't really. Also have a look at this little lot;

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

 

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Alanalana, thankyou so much for taking the time to write. The information you've provided is a really great help and I'll be taking the steps outlined and document everything as you suggest. One of the really frustrating things I've found is the complete lack of communication between departments - unless you want to buy something ! Then they're on it like a SWAT team.

 

Car2403, thanks very much for your reply. Those links are great. My overdraft facility has been in place for many years, and I have occasionally dipped into it, but on the whole my account has not been in overdraft. Once they started taking the loan payments from my account 2 years ago, that's when I started to have a permanent overdraft as they only left me £168 per month to live off, so I had little choice.

 

Now I've changed banks things are on an even keel again. Apart from this problem with the Natwest. I thought they'd be there to help at such a time - I've found them to be bullying and arrogant. I understand about responsible borrowing and before I got ill I assumed it was ok to do so - I now see how easily it can spiral into a problem.

 

 

Thanks again,

 

Steve.

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Alas, another Bank Customer let down by high levels of expectations and low levels of delivery when the crunch comes.

 

If only that loan and overdraft turns out to be unenforceable - that would make my day!

 

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I'll Keep you posted.

 

It would make my year !!

 

It's caused me so much stress. When I visited them I was told I would need an advantage gold account in order to have a new loan at a lower rate. So they signed me up (is it a tenner a month or something). When I got home and checked the paperwork, my old loan has an apr of 10.2 and the new proposed one was 11.9 !! I once worked in financial services (for my sins) and I'm aware the manager was simply 'churning' business to generate a commission. I would never have signed the agreement but I got a phone call to say I'd been refused the new loan and would have to stick with what I'd got !!!

 

 

It was the second time I'd been sold an advantage gold account. I got so tired of it (they said I would have to visit the branch again to cancel it) it's still a gold account now - giving me great rates on a new mortgage !!

 

How these people sleep at night.

 

Thanks again,

 

Steve.

Edited by STEVEF1FAN
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car2403,

 

Alas, another Bank Customer let down by high levels of expectations and low levels of delivery when the crunch comes.

 

If only that loan and overdraft turns out to be unenforceable - that would make my day!

 

many thanks for popping in to help:D

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Chris is on the ball and has obviously had some success. I will try and give you all the help I can on the PPI issues.

 

There could be some issues but the fight is now on to get you sorted out with natwest.

 

aa

Edited by alanalana

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Steve,

 

please read car2403 thread from start to finish it will IMO be of great assistance with your fight;)

 

qq

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Will do. I'll go through everything very carefully.

 

Thanks so much for your help.

 

It's greatly appreciated.

 

Steve.

 

Ps. I'll put a letter together with the full history and send it to the natwest early next week before taking the other steps.

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Just had a read through the post on overdrafts and cca. I can see the importance of the S.A.R. already - as it must include the terms and conditions of the overdraft.

 

Will continue to read up. Your advice is giving clarity to something that I've found bewildering for a very long time.

 

Thanks Again,

 

Steve.

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Hi Steve.....i'd be interested to see the default notice (I presume it is issued under the Consumer Credit Act), it has to have certain information on it, and dates have to compliant with a specific timeframe, any chance you might be able to photo/scan it and post it up here (minus the personal details/amounts/reference numbers). Also a full SAR (Subject Access Request) issued might be a good idea, unfortunately this costs £10 but if you lack paperwork, then this might be a good move to reveal all paperwork for at least the last 6 years....there is an example of one here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html - however you may need to edit it or add in specifics relating to the PPI policy....

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Hi 42man,

 

Yes, I'll get it scanned on tuesday and it would be great if you could have a look at it for me. Many thanks for that.

 

So I'll be sending a letter to them confirming the fully history and also send the sar, adding the account number for the loan and information pertaining to the ppi policy (ppi policy number). See what they come up with.

 

Thanks again,

 

Steve.

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Hi Everybody,

 

42man, I've attatched images of my default notice which was actually on the loan and not the overdraft.

 

I can't seem to get the image right with the 620*280 maximum size. When you blow it up it's all blurred. I'll see if I can figure out why it's doing that and upload it again. Also included with the notice was an OFT information sheet.

 

My letter with a full history is going out to them this week, then if I get nowhere with that I'll request my sar.

 

Would you be requesting it anyway ?

 

Many Thanks,

 

Steve.

014.jpg

015.jpg

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Hello Again Everyboy.

 

Thankyou for your help so far with this.

 

I'd be most grateful if you could advise me further.

 

I cca'd the natwest over 10 days ago and have heard nothing regarding this.

 

I have now received a notice of default letter on both the loan and the overdraft. I have attatched links to these at the bottom of this message. I have uploaded to photobucket so they can now easily be read enlarged to 100% size.

 

42man, could you check these out for me please ?

 

The dates on the loan notice do not look correct. The letter is dated april 16th and gives 28 days notice - with the deadline being 3rd May - clearly not 28 days. Does this have any relevance ? Please see the dates on Loan Letters 1a and 1b.

 

I would like to write to the bank to address the issue of how the overdraft has come about by the bank continuing to take money to pay the loan which I think my insurance policy with them should have been paying - indeed should have written off - and also their repeated appalling treatment of me given my circumstantces.

 

:!: By doing so though , am I in danger of admitting to the loan which may well prove unenforcible, as so far I have not received a credit agreement ?

 

If I'm not, I'll write the letter asap and send it recorded delivery. If it ever goes to court there's agreat deal of information I'd like to make the judge aware of and the fact that I have raised this with the bank.

 

Then, I'll make a sar request.

 

Thanks again for all your help so far.

 

Steve.

 

Links to the letters -

 

Loan Letter 1a

Loan Letter part1a picture by steve_photos_02 - Photobucket

 

Loan Letter 1b

loan letter 1b picture by steve_photos_02 - Photobucket

 

Overdraft Letter 1a

Overdraft Letter 1a picture by steve_photos_02 - Photobucket

 

Overdraft Letter 1b

Overdraft Letter 1b picture by steve_photos_02 - Photobucket

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