Should I report Natwest?

[missdpd]

Hi.

 

Quick summary of what has happened so far and then my questions of what to do.

 

Basically I defaulted on 2 overdrafts with Natwest. Upon reviewing the 'makeup' of these overdrafts, I found a large part of the overdrafts to be made up of charges and so went through the process of contacting Natwest asking for the money back etc but obviousely they said no and now I have filed the charges in court and am currently on a stay.

 

My first question is:

Natwest have now passed this disputed debt to a DCA, to act on their behalf and who are now pursuing for the full amount. Now am I correct in believing as the amount they are chasing is in dispute due to the charges and currently on a stay at court that they should not be chasing this debt until it has been resolved at court.

With this in mind, I did do a letter to the DCA stating this but they have totally ignored it and sent me an LBA.

 

and my second question is:

As I have promised to report them if they choose to ignore my letter and continue chasing, do i report just the DCA or do i report both DCA and Natwest, as Natwest should not have enlisted the DCA in the first place.

 

Sorry if this is a bit long winded, hope it makes sense though.

 

ta

 

xx

[yourbank]

In could be in your favour if they do chase you cos you can counterclaim for charges.....it's a lose lose situation for them. I would report the DCA anyway cos they have ignored your polite request to get stuffed even though you have supplied the court claim number.

[missdpd]

Ok thanks yourbank, will get complaint fired off, do i just send one to OFT or do i contact Trading Standards as well?

 

xx

[firstship]

can you confirm who the DCA is..................if per chance it is TRITON this is just the Debt Collecting Arm of the Natwest Bank,same phone number as Natwest,wish you all the best....Firstship

[missdpd]

Its our good friends Fredrickson International

[missdpd]

Well it appears Fredricksons have now passed it back to NatWest. Have received a letter from Triton Credit Services stating:

 

'In response to your recent letter, the outcome of the charges case is still pending (errrr yeah i mentioned that in MY letter to Fredrickons!).

However we still require repayments toward the account to prevent further action'.

 

It then goes on to say if i require updates on the Charges Case then to contact their customer Services etc.

 

Any ideas how to respond? Having already sent a letter to Fredricksons informing them they are in breach of OFT guidelines for trying to collect on an account that is in dispute AND having reported them to OFT after they then sent a second letter, do I now send the same letter to Triton?

 

xx

[yourbank]

Well it appears Fredricksons have now passed it back to NatWest. Have received a letter from Triton Credit Services stating:

 

'In response to your recent letter, the outcome of the charges case is still pending (errrr yeah i mentioned that in MY letter to Fredrickons!).

However we still require repayments toward the account to prevent further action'.

 

It then goes on to say if i require updates on the Charges Case then to contact their customer Services etc.

 

Any ideas how to respond? Having already sent a letter to Fredricksons informing them they are in breach of OFT guidelines for trying to collect on an account that is in dispute AND having reported them to OFT after they then sent a second letter, do I now send the same letter to Triton?

 

xx

 

Triton are in house debt collection of RBS Group. The account is in dispute so tell them that it is reasonable for you to make all repayment plans on the conclusion of the OFT test case issues when you will be clear on what the outcome is, you might even want to offer £1 token payments per month until such time as the test case issues are resolved(they cannot say you are not trying to be reasonable, can they? )

[missdpd]

Thanks for that Yourbank, letter done making the token payment offer and telling them what impatient humpty dumpties they are

 

xx

[missdpd]

Well phone rang today and guess who was on the other end told them not to bother me etc and that a letter was on its way to them. Then I finally let the guy speak.............he asked to go through some security questions I said no ta. He then said ok we shall pass it on for further action so I said thank you very much and put the phone down .

 

God im so polite.

 

xx

[missdpd]

Well I have received a reply from Natwest acknowledging the letter I sent to Triton. Basically they are telling me that my account is in the process of being allocated to agents (again!) and that the agents will contact me direct.

 

I really feel I am banging my head against a brick wall here as no one seems to want to acknowledge that the accounts are in DISPUTE due to charges, which are currently 'stayed' at court and that their persistance in chasing me for the FULL outstanding balances is unfair and unjust.

 

Sorry, just needed to rant and moan a bit.

 

xx

[yourbank]

Well I have received a reply from Natwest acknowledging the letter I sent to Triton. Basically they are telling me that my account is in the process of being allocated to agents (again!) and that the agents will contact me direct.

 

I really feel I am banging my head against a brick wall here as no one seems to want to acknowledge that the accounts are in DISPUTE due to charges, which are currently 'stayed' at court and that their persistance in chasing me for the FULL outstanding balances is unfair and unjust.

 

Sorry, just needed to rant and moan a bit.

 

xx

 

I take it they mentioned nothing about the offer of £1.00 until the conclusion of the OFT test case issues?

[missdpd]

The letter just says that they have noted the contents of my letter, however, the account is in the process of being allocated to agents and once this has been completed the agents will contact me direct.

 

No mention of my court cases or the OFT Test Case or my £1 on each account offer or anything, just ignored me basically.

 

xx

[yourbank]

The letter just says that they have noted the contents of my letter, however, the account is in the process of being allocated to agents and once this has been completed the agents will contact me direct.

 

No mention of my court cases or the OFT Test Case or my £1 on each account offer or anything, just ignored me basically.

 

xx

 

Write back to them and tell them that every time they allocate agents that you will be reminding every single one that they are in breach of the OFT debt collection guidelines on chasing a disputed debt and will be reporting every single agent plus RBS to the OFT for doing so. Furthermore, you will make a complaint to the FOS that you made a reasonable offer of £1.00 a month until the conclusion of the OFT test case as a gesture of your goodwill so that when it is concluded you will make arrangements at that time to settle the account. If the bank want to keep sending agents then you will keep reporting them and making complaints to the FOS on the basis that you are being reasonable.

[missdpd]

Thanks for that, already reported Fredricksons to OFT so can't see it being them and I sent AIC scuttling away before that. Wonder who will be next!

 

Are they just trying it on or are they so stupid as to not recognise an account in dispute when they see one? or both! haha!

 

Thanks again Yourbank.

 

xx

[yourbank]

Hope you are keeping a running total of DCA's you are throwing out ?

[missdpd]

I have a big fat wallet full of them lol.

 

xx

[missdpd]

Just a quick clarification Yourbank, do I put RBS Group, or did you mean Natwest and put RBS in error?

 

xx

[missdpd]

Well in response to the letter I sent, I have received a letter from Natwest stating they are investigating my complaint. Here's hoping they have finally got the message and realise i'm not going to be messed about.

[missdpd]

Well I have received yet another letter from Natwest saying they are still investigating my complaint; this now makes three letters in total since I sent my letter to them threatening to report them for pursuing collection on overdrafts in dispute due to bank charges incorporated into the amount owed.

 

Not quite sure why it is taking them so long but one theory I have is that they may be dragging this 'investigation' out until the outcome of the appeal and then, depending which way the appeal goes, inform me of their findings.

 

xx

[missdpd]

Have received a response from Natwest and will type the relevant bits up:

 

Dear missdpd,

 

I note that you are refusing to make any realistic repayment proposals in respect of your accounts until the outcome of the test case, regarding bank charges, which is presently before the High Court, is known.

 

The office in Edinburgh that is dealing with charges claims has confirmed that you have made claims of £xxx in respect of account xxxxxxxx and of £xxxx in respect of account xxxxxxxx. If both of your claims are upheld in full, which has yet to be determined, this still leaves the sum of £xxxx owing to the bank. I cannot see any reason, therefore, for you to withhold repayments in respect of £xxxx.

 

It then goes on for me to phone them to discuss repayment proposals.

 

Now then, the amounts they have obtained from their Edinburgh office do NOT include the interest incurred on the charges, nor does it include the 8% court interest. Had it done so, the amount they say I owe would be reduced considerably. This therefore is not a 'true' reflection of the amount I am claiming in court.

 

Should I therefore write back to them pointing this out and outline the figures as shown on my court claims, including pointing out the 8% interest being incurred at a daily rate whilst on the stay at court.

 

I have no problems whatsoever coming to an agreement with regards to a repayment plan over the amount outstanding once this has been acknowleged, based on my figures, I do however have a problem with them ignoring this fact and trying to make me pay over £2,000 more than I may possible owe.

 

Thanks

 

xx

[indebtstudent]

Plus the fact the interest will increase over time so the figure would constantly be changing.