Grumpy's son - NatWest CC

[renegotiation]

They don't know what their doing. I recently got my credit files through and have 3 debts with double defaults!

[2Grumpy]

The bank still writes to me

The DCAs letters say client: nat west

[renegotiation]

If the bank owns the debt, then I believe that they have some responsibility for the conduct of their agents.

[2Grumpy]

Any comments on who is issuing proceedings, or rather in whose name it is in / would be in according to the solicitor's letter? The bank or the DCA?

 

I should have added a poll to this thread!

 

Grumpy

[PriorityOne]

Hang on.... the bank still writes to you, yet have passed your account to 2 external DCAs... despite you having an arrangement to pay the last one ? Take no notice of the word "client"... it gets thrown about a lot by DCAs trying to sound legally savvy. I have pulled many a DCA up over this....

 

If you're certain that the bank still owns this account, then why not write to the bank (rec. delivery) and ask them why ? if you go through their complaints procedure, they will have to answer you.

[renegotiation]

Any comments on who is issuing proceedings, or rather in whose name it is in / would be in according to the solicitor's letter? The bank or the DCA?

 

I should have added a poll to this thread!

 

Grumpy

 

I think the answer to this question is there is no 'issuing' proceedings. :) They are just making threats. Only after proceedings have actually been 'issued' can you then question who is behind it. You're in the precourt division. As I said in an earlier thread Adam and Eve worked in their precourt division as well. They are just trying to apply pressure. Doesn't mean they won't take you to court, but everyone gets the same treatment regardless.

[2Grumpy]

Just noticed that the solicitors letter is dated the day after the bank took the account back from them.

 

I take your point about pre-litigation. I suppose it is too vague to see whose name is being used for the threats.

 

I did ask the dca along with a few other things. They say it is on the bank's behalf, but they say that they will contact the bank before they start. I find the will confusing.

[renegotiation]

Basically there is no prelitigation. They take you to court or they don't. When someone actually makes the decision they fill out the claim forms in like 2 minutes and lob them in the post from what I can tell. That's not a joke either from the ones i've received and seen.

[2Grumpy]

Oh well

 

I had hoped that it might help in my complaint. I don't understand what IJ thought this added to their collection process. They could have written the same themselves. I was hoping to get them for a DPA breach - passing my personal details on for no reason - but that would only work if IJ were threatening to start proceedings in their own name - which is what I understood from the letter. Perhaps I was seeing what I wanted to see!

 

Grumpy

[tomterm8]

You can still keep it, and complain if they have set 2 DCA's upon you at the same time, and it is confusing as to whom you should deal with.

[2Grumpy]

Thanks for all of your advice. I will have a think & write another complaint to the ********s.

 

Congratulations on turning green Tom

 

Grumpy

[2Grumpy]

Natwest want to close my son's student account, He's less than £1000 over the limit. They want him to repay that immediately then the rest, or they will register a default in the next few days.

 

I don't think that there are many penalty charges.

 

In October he contacted them and explained his circumstances (he has returned to uni). He was over his limit and they agreed to increase his limit to match the balance, plus a bit of space for some interest that was due. He would try to reduce it to his old limit over a year (hoping for summer 08 work). They have forgotten all that.

 

He hasn't had a statement for ages. They have failed to update his address in September & December 07.

 

What can he do to persuade them to stop and reconsider?

 

Any ideas?

 

Grumpy

[2Grumpy]

They are threatening to do their worst quite soon

 

Think that's a bit long term!

 

Grumpy

[2Grumpy]

Can he avoid a default in the short term if he puts the account into dispute?

 

He does have a few reasons - like them not sticking to their agreements, then as a result extra interest being added

 

Grumpy

[2Grumpy]

Went to the branch today with son and got 3rd party access

 

Had to provide driving licence & utility bill - they copied both - and they will do a CRA check on me to get my credit status:eek:

 

Apparently I now have full access - can write cheques etc.

 

I DIDN'T WANT ALL THAT - I JUST WANTED TO BE ABLE TO TALK TO THEM ON HIS BEHALF. Apparently there are no half measures

 

Grumpy

[2Grumpy]

Well I phoned the bank today

 

They have noted a change of address registered last week but haven't updated the address yet

 

They don't have my 3rd party access on file, but have sent a reply to my son - at his old address.

 

Nat West - Not the brightest bank on the high street

 

Good job they are a bank & not a brewery!

[2Grumpy]

Well today I found out that they wrote to him at an address he has never lived at.

 

They want £100 pm (he's a student & can't afford that - and they know it) or they will register a default

 

Does anyone have any ideas?

[2Grumpy]

We didn't receive anything from these jokers, no CCA, no reply to complaints (but they did acknowledge son's but not mine)

 

My son finally got a nice letter from Wescot asking him to pay up. They got CurlyBen's letter instead.

NatWest got a big complaint about everything that has happened.

 

Intrum Justicia had answered his complaint about the solicitor's letter - they said NatWest had authorised them to start proceedings against him. NatWest confirmed this. When he got his SAR back from IJ there was a lack of letters from NatWest to back that up. When challenged, IJ decided that their solicitor was providing advice instead!

 

Does the Data Sharing advice on a credit agreement allow data to be shared for that reason? especially when the real reason was to try to scare him into paying. They had put the same information on letters they had sent! To me it looks like the sols were acting as a debt collector without a licence.

 

Grumpy

[2Grumpy]

My son has just received a reply to his CCA request from NatWest.

 

There is a totally illegible copy of what looks like a reduce copy, along with a note that "this is the best copy", plus ‘enlargements’ that look like normal size, where I can make out what might be his signature and the word application at the top. There’s no terms & conditions, statement or current balance.

 

It was attached to a slip of paper, no name or date, just “Enclosed are terms of account as requested this is the best copy”

 

I was going to write back to ask for clarification that the document they have supplied are the documents they contend to be a credit agreement. I will include photocopies of the documents they sent too.

 

Is there anything else that I should do?

 

Grumpy

[NailPost]

A copy of an agreement, in order to be enforceable, must be legible. You could write back and remind them of this - someone else will remind me which piece of the legislation is relevant her. Ask them if they intend to rely on this piece of paper if they pursue your lad to court. If they do then the original would have to be produced so can you have a copy of that. If they don't have a copy ask them nicely to drop the matter, ask them for details of their complaints procedure too. They know they have not complied with your request and are just trying it on. Showing that you know the law as well as they do may provoke a reasonable response.

[Having_A_Knightmare]

can you post the agreement so we can have a look.

Blank out personal details

[Deshaine]

Also a front page credit agreement would not be sufficient even if legible, they must also include the T+Cs (normally on the back of the agreement). The T+C's will state what fees etc.. can be added in the event of default, and all the other associated details regarding your son's account.

 

If the front is illegible, you can pretty much guarantee the back (if they have it at all) will be no better - it's usually small print.

 

Also, did your some specifically ask for a statement and current balance? These wouldn't normally be included on the credit agreement itself, but on a statement of the account.

 

(Just to clairfy, I am referring to current balance/statement, not opening balance/credit facility. Apologies if I have misunderstood your post)

Edited May 12, 2008 by Deshaine

[2Grumpy]

Thanks for your posts

 

It's pointless posting it here - it really is that bad! I can make out headings like cardholder details, other cards, but that's it!

 

Son didn't ask for the balance / statement but I thought they normally provided those as well

 

The ref to the part of the act would be usefull if anyone has it ...

 

Grumpy

[cashins]

The ref to the part of the act would be usefull if anyone has it ...

 

 

 

Cancellation Notices and Copies of Documents Regulations 1983 (SI1983/1557) Section 2(1)

 

Judging by your status you obviously have a handle on date taken out etc.

 

David

[2Grumpy]

Taken out in 1999 but application might have been signed on the premises if that makes any difference

 

It was a combined bank account / credit card application (buy one get one free maybe)