Urgent Advice

[andyathers]

hello, myself and my wife are just entering into our 2nd year on a DMP with payplan.One of our creditors natwest have been ruthless in chasing us.They already have a CCJ and charging order for the tesco loan.

 

They now have written to us via shoosmiths and are demanding the balance of our natwest loan and natwest overdraft £12,000 totalish.

 

My letter just asks for the loan and overdraft, but my wifes letter demands the loan, overdraft and the MORTGAGE total £89,000.

 

We have never missed our mortgage payment,and never missed on the DMP payments.

 

Payplan havenet said much, they just wanted me to forward the paperwork to them.Has anyone got ny ideas.

[andyathers]

Anyone help on this

[angel_1]

hello andy

 

gosh im sorry to hear this , and i personally dont have enough legal knowledge to say what is best to do

 

but i would ask now that they are doing this even though payplan say to send off the paperwork to them, what exactly are they going to do for you have payplan said?

 

also have you asked for a copy of each of your credit agreements? cant on the overdraft... and also what about if you did a subject access request for all your natwest accounts ie paying the 10.00 for this info, it will or should give you everything natwest hold on you and your personal and account info

 

just my initial thoughts

 

however, if say you dont get anyone giving you help by later this eve

 

then click on the red triangle, i know it says report post - dont worry it will alert the site team and im sure one of the nice people here will come along and give you some more indications

 

however, would suggest you take a look at the other natwest threads in the meantime and see if you can follow anyone elses journey and match up perhaps to the problems you are now facing

 

good luck but above all dont worry unduly - i will look in later to see what kind of responce you have had

 

these fabalous people on cag have helped me in the past year so much - i hope to return the favour with what knowledge i have to others

 

keep positive laters angel x

[mkb]

Andy

Sorry I haven't got the knowledge to help you but the first thing to say is

 

DON'T SEND ANY COURT CLAIM TO PAYPLAN 'COS THEY WON'T DEFEND IT FOR YOU.

 

2nd

 

Please can you post up the docs you have been sent (after removing your personal details). That way, those 'in the know' will have a starting point to try & help.

 

3rd

While you're waiting for help get the CCA requests off for the loan & SAR's for the loan, overdraft & mortgage. CCA costs £1, SAR's £10. Send them recorded delivery.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

These will help to prove whether the agreements are enforceable & whether there are charges that can be reclaimed.

 

I know it's easy to say but don't panic - CAG will help you.

[citizenB]

Is this a court claim you have received or just a letter from the solicitors ?

 

As already requested, can you please scan in and paste the letter/claim form here for us to have a look at.

 

Is the mortgage in joint names ?

[andyathers]

Hi all, so far its a solicitors letter, but from past experience with natwest(tesco loan) they will go for a CCJ then a charging order.The mortgage is a joint mortgage.

[mkb]

They can only do this IF the correct steps have been taken

 

Can you scan in the letter with any other docs you might have?

[andyathers]

Hello, i will post scan up shortly, just like to say part of natwest claim is our current account(overdraft) that account is in dispute as the owe £3000 + in charges.So can they still go to the courts with that.thay have acknowledged the claim for bank charges

[andyathers]

[citizenB]

Hi Andy,

 

Have you started a claim of your own re the bank charges ? If so, and it has been stayed along with the rest of us.. then you can enter a counter claim in your defence and hopefully that will put a cat among the pigeons.

 

Right, having read your post properly.. you have just received a letter threatening court action. You havent actually received a court claim

 

Ok, you are in a DMP with Payplan, so I am not sure why they have become agressive.

 

Have you received the following and when :

 

A Default Notice

A Termination Notice

 

Meanwhile, I will try and get someone with more knowledge to look in on you. Site team are incredibly busy at the moment, so it might be tomorrow before you get a response.

[sequenci]

They cannot call in the mortgage if you've never fallen behind with it UNLESS it is an offset mortgage? Can you clarify this for us please?!?

[andyathers]

Hello, thanks for the replys, its just a standard mortgage and never issed a payment in 10 years

[sequenci]

Hello, thanks for the replys, its just a standard mortgage and never issed a payment in 10 years

 

You REALLY need to complain about their actions. They should NOT be bringing the mortgage into this. Please considering following the FOS complaints proc.

[andyathers]

Hello I have sent complaints to f.ombudsman for natwest and for shoosmiths, sent them recorded delivery.

 

If natwest insist on pursuing this, can i defend the claim because the owe me £1,000s in bank charges,I have registered a claim with them.Obviously this is for th overdraft.The loan is a different matter, I requested a cca and its seems fine.

[citizenB]

Hello I have sent complaints to f.ombudsman for natwest and for shoosmiths, sent them recorded delivery.

 

If natwest insist on pursuing this, can i defend the claim because the owe me £1,000s in bank charges,I have registered a claim with them.Obviously this is for th overdraft.The loan is a different matter, I requested a cca and its seems fine.

 

 

Yes, andy..if you wish to defend any claim they make against you, you can enter a counterclaim for the outstanding charges.

[andyathers]

Hello Just recieved new letters from shoosmiths solicitors,they have taken off the claim for the mortgage.There was no apology though.It caused great distress.

 

I have sent complaints to the financial ombudsman, from myself and my wife .

 

S now whatdo i do, the loan is ok the CCA looks perfectly enforceable. But they owe me a small fortune in bank charges. £2000, that without interest.

 

So what do I do now

[citizenB]

Hello Just recieved new letters from shoosmiths solicitors,they have taken off the claim for the mortgage.There was no apology though.It caused great distress.

 

I have sent complaints to the financial ombudsman, from myself and my wife .

 

S now whatdo i do, the loan is ok the CCA looks perfectly enforceable. But they owe me a small fortune in bank charges. £2000, that without interest.

 

So what do I do now

 

Had you started a claim for the bank charges ?.

 

How much difference would the bank charges make to the overall amount owed to the bank. (not including the mortgage as that isnt in arrears)

 

At the moment, you havent had a claim issued against you. This appears to be either a nasty threatogram or a letter before Action.

 

Either one, not nice as you are on a DMP.

 

If a cliam were to be issue against you, you could counterclaim the Bank charges. Any default notice or claim would probably be incorrect if the sum asked for did actually include those charges.