Nawest giving £5000 charges back under Hardship. Do they HAVE to put in my overdraft?

[Guest flubdub]

They have agreed to give me over 5K of charges back, however my overdraft is £1700, AND as my account hasnt been used for years (because my natwest loans come out of that account and I could afford to pay them) the balance is now around £4000 overdrawn!

I have asked them if they can pay me in cheque (so that I can put it in my other account, and get the full a amount) bu they said "No! Because they account is still open". However, they did stop me using it about 18 months ago, I cant use it, and cant even check my balance anymore on my online banking.

 

So, if it goes into my natwest account, I am only going to be able to get about a grand out, and as my house is being repossesed etc, this isnt going to be much use.

 

Is there anything I can do?

We're desperate.

Thanks

[yourbank]

They have agreed to give me over 5K of charges back, however my overdraft is £1700, AND as my account hasnt been used for years (because my natwest loans come out of that account and I could afford to pay them) the balance is now around £4000 overdrawn!

I have asked them if they can pay me in cheque (so that I can put it in my other account, and get the full a amount) bu they said "No! Because they account is still open". However, they did stop me using it about 18 months ago, I cant use it, and cant even check my balance anymore on my online banking.

 

So, if it goes into my natwest account, I am only going to be able to get about a grand out, and as my house is being repossesed etc, this isnt going to be much use.

 

Is there anything I can do?

We're desperate.

Thanks

 

I would write to them asking that they send a cheque for the arrears on the mortgage and send them copies of any notices for repossession. Make them aware that they are not a priority debtor and I would probably say to them that the cheques need to be made payable to (name the mortgage company, utility company, etc,etc,) so that it is clearly going to alleviate your hardship.

Will the amount they pay out clear debts with NatWest and leave sufficient to clear the mortgage arrears?

[Guest flubdub]

No, the bank loans are about £13,000 and mortgage arrears of about £5000.

If we pay the mortgage arrears, we'll still be evicted, my partner has lost his job, and I dont work. We have already found somewhere new to live as weve been given 56 days to get out, which there is about 45 left.

the bank has seen the eviction notices, but still insist on the money going on the overdraft debt.

It just seems like a year of fighting for nothing.

[yourbank]

I've asked site team to have a look at the thread because I think there are quite a few issues that might be worth pursuing.

[freakyleaky]

Just read this and was about to direct you to Yourbank as I thought he would be the man for this one for sure.

Oh well I will flag this for the rest of the team to take a look at.

[car2403]

I'm unclear as to why you wouldn't use the £5k to pay the £4k overdraft, exactly?

 

There's no automatic right to offset in this way, but you'd find it hard to convince the Bank (and a Judge, should it get that far) that you should be repaid the £5k and leave the overdraft as it is.

 

[Guest flubdub]

Ok,thanks everyone.

 

I'm unclear as to why you wouldn't use the £5k to pay the £4k overdraft, exactly?

 

There's no automatic right to offset in this way, but you'd find it hard to convince the Bank (and a Judge, should it get that far) that you should be repaid the £5k and leave the overdraft as it is.

 

 

We wouldnt pay the overdraft off because weve got other things that need paying more than an overdraft, like one and a half years of council tax, and debts that we are actually paying, that are coming out of our accounts each month. Id rather pay those, then it would free up more money for us each month. We have two little children, and money is exceptionally tight, as I am sure you can imagine, given what I've said.

[car2403]

Ok, time to grab this by the gonads and see what happens, then.

 

Firstly, you need to CCA the Bank regarding the Overdraft. There's some links in my signature about how the CCA applies to Overdrafts, so worth reading those. You'll also find a template for a CCA request in the library. (Letter N) You will need to specifically ask for the documentation required by the OFT's Determination issued under s.74 CCA 1974. The Bank will reply telling you that your barmy for asking, as the CCA doesn't apply to Overdrafts, ner, ner, ner, ner, ner... They are WRONG! We will tell them that when they say this.

 

Secondly, have you SAR'd the bank regarding all those charges? Have you started a Court claim to reclaim them? etc...

[Guest flubdub]

Ok, time to grab this by the gonads and see what happens, then.

 

Firstly, you need to CCA the Bank regarding the Overdraft. There's some links in my signature about how the CCA applies to Overdrafts, so worth reading those. You'll also find a template for a CCA request in the library. (Letter N) You will need to specifically ask for the documentation required by the OFT's Determination issued under s.74 CCA 1974. The Bank will reply telling you that your barmy for asking, as the CCA doesn't apply to Overdrafts, ner, ner, ner, ner, ner... They are WRONG! We will tell them that when they say this.

 

Secondly, have you SAR'd the bank regarding all those charges? Have you started a Court claim to reclaim them? etc...

 

Great, sounds like a plan.

I have CCA'd them re the loans, and that was a whole other thread, as the supplied us with THREE other peoples bank details and signatures before they actually gave us ours.

Anyway, could you explain why there will be a CCA for an overdraft? I didnt think there was any for overdraft. Its just so I know in Lamens terms and I know what to say to them when they reply saying Im wrong

 

We did an SAR about a year ago for the charges, and it worked out at about £3000, but they are now offering £5200, after another years worth of charges.

No, we havnt started a court claim, do we need to if they have offered to give us the money back?

Thanks for the advice, its great

[car2403]

Great, sounds like a plan.

I have CCA'd them re the loans, and that was a whole other thread, as the supplied us with THREE other peoples bank details and signatures before they actually gave us ours.

 

Great - perhaps a thread for each of the loans, so we can see if they are enforceable or not is in order?

 

Anyway, could you explain why there will be a CCA for an overdraft? I didnt think there was any for overdraft. Its just so I know in Lamens terms and I know what to say to them when they reply saying Im wrong

 

One step at a time, my young padawan...

 

You could start by reading the links about overdrafts and the CCA in my signature, below

 

We did an SAR about a year ago for the charges, and it worked out at about £3000, but they are now offering £5200, after another years worth of charges.

 

Wow.

 

No, we havnt started a court claim, do we need to if they have offered to give us the money back?

 

Nope, but they won't give the overdraft up without a fight so you may need to be ready to go there, if necessary.

[Guest flubdub]

Hi,I have already done a thread re the loands, hang on a sec, will find for you

[Guest flubdub]

Voila!

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/171177-rbs-want-clear-loan.html

 

The CCA's are enforcable as far as I could see, unfortunately.

[Guest flubdub]

Ok, so they will have sent a CCA for the overdraft, but I wont have signed it?

[car2403]

Yup.

 

The onus is on them to prove they complied with the CCA when you entered the agreement

[Guest flubdub]

Excellent. Well they dont seem to be the best "CCA providers" in the world, so that may be worth a try.

We have only been given 60 days to sign the Acceptance of the £5000, and that was about a month ago. Is that just standers practice? If we questioned a CCA now, can the lower the amount after the 60 days are up?

Thanks car2403, you're very helpful!

[car2403]

If you have a written offer and you sign to accept it, they can't renage on it.

 

The enforceability of the overdraft is a completely different ball game to the charges complaint.

[Guest flubdub]

But if I sign the acceptance form, and send it back, they'll pay the bank charges straight into the overdraft account, and it will have gone, so then there wont actually be an overdraft anymore.