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NatWest Overdraft - DMP & Default, advice?


bradfordlad
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Diamond mate, you are a diamond!

 

Sorry for the confusion, but if you have a look at the Default (?) Notice I loaded up in Post #2, you can see in the top right corner it says "For Bank Use Only Overdraft Enforcement/"

 

So I can take it then that this is a recall and termination notice. cool...

 

Are they obliged to give me the proper 14 clear days to remedy then, and if so what happens if they don't?

 

In the meantime I'll have a read through the other links - cheers again Andy.

 

BL

:D

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Diamond mate, you are a diamond!

 

Sorry for the confusion, but if you have a look at the Default (?) Notice I loaded up in Post #2, you can see in the top right corner it says "For Bank Use Only Overdraft Enforcement/"

 

So I can take it then that this is a recall and termination notice. cool...Yes because DNs are not issued on ODs

 

Are they obliged to give me the proper 14 clear days to remedy then, and if so what happens if they don't? They have only allowed 12 and thats without service, also and taking into account the Xmas period.Its invalid and unlawful only if Litigation is commenced as the OD as been unlawfully Terminated

 

In the meantime I'll have a read through the other links - cheers again Andy.

 

BL

:D

 

 

Just sit tight BL and dont concern yourself until such time and its a big if the Northampton envelope arrives.I assure you if it does it will have been issued by a Muppet DCA and not NW.

I wish you well with your predicament.

Regards

Andy;)

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"I may be grasping at straws, but if I get one, it could be the straw that breaks the camels back!! Wouldn't worry to be honest have a look around here on Cag and find me a case were NW have issued litigation based on a overdraft only ie no loan also.You will struggle!!!!

very rare litigation is commenced on overdrafts."

Interesting! I have found you a case!

I have had a summons from NW for an overdraft and a loan (one summons), whilst my OH has had one just for an overdraft, albeit on a joint account with me (I appreciate "Joint and severally etc.). As I personally have 3 other NW issues, 2 of which are defaulted and all three under an arrangement, all of which without a summons. I am thinking that a defence for my OH could be a vexatious creditor?

tedney

 

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"I may be grasping at straws, but if I get one, it could be the straw that breaks the camels back!! Wouldn't worry to be honest have a look around here on Cag and find me a case were NW have issued litigation based on a overdraft only ie no loan also.You will struggle!!!!

 

very rare litigation is commenced on overdrafts."

 

Interesting! I have found you a case!

I have had a summons from NW for an overdraft and a loan (one summons), whilst my OH has had one just for an overdraft, albeit on a joint account with me (I appreciate "Joint and severally etc.). As I personally have 3 other NW issues, 2 of which are defaulted and all three under an arrangement, all of which without a summons. I am thinking that a defence for my OH could be a vexatious creditor?

tedney

 

 

Yes but there was a loan involved not just pure OD.

 

Regards

 

Andy

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Yes but there was a loan involved not just pure OD.

 

Regards

 

Andy

I may have mislead you. My wife did not have a loan, her summons was just for an overdraft of a joint account. The loan was entirely separate, and only in my name.

regards

tedney

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I may have mislead you. My wife did not have a loan, her summons was just for an overdraft of a joint account. The loan was entirely separate, and only in my name.

regards

tedney

 

 

(I appreciate "Joint and severally etc.). 8-)

 

 

 

Andy

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(I appreciate "Joint and severally etc.).

Her summons was only for the overdraft. Mine was for both loan and overdraft, OH summons did not involve any loan:confused:

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Her summons was only for the overdraft. Mine was for both loan and overdraft, OH summons did not involve any loan:confused:

 

Because she hasnt applied for the loan you did,because the joint account has both your names on then thats why she as been issued with the summons, joint and several.

 

Regards

 

Andy

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  • 2 weeks later...
Because she hasnt applied for the loan you did,because the joint account has both your names on then thats why she as been issued with the summons, joint and several.

 

Regards

 

Andy

 

Bradfordlad,

 

I'm so sorry to intrude on your thread - but I'm desperate to contact Andyorch to ask him to look at my thread 'Big overdraft - must respond to Court claim issued by Incasso - please help!' as i have to file an Amended Defence by next Tuesday.

 

So, Andyorch i would be so very grateful if you might be able to advise me...

 

Again, huge apologies for intruding on this thread and I wish you luck with everything.

 

Best,

Martel

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  • 2 weeks later...

Just a quick update for you all - well, an update to say nothing is happening!

 

As a message to anyone just starting this journey with their creditors, can I just reassure you by saying they will all shout loudest at first, but they do eventually go away - you are one out of hundreds of thousands of debtors and because they are so busy, most will shoot themselves in the foot eventaully.

 

You know the old saying, "give them enough rope & they'll hang themselves" - just remember the golden rules...

 

NO PHONE CALLS

KEEP THE ENVELOPES

USE CAG AS YOUR DIARY - THEN IT CAN'T GET LOST!

 

Good luck everyone :)

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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  • 4 months later...

Well, here we are - nearly 6 months on, and............nothing.

 

Looks like andyorch was right! I'll file this under F for "forget about"!!!

 

I have another overdraft with Barclays, and that's gone the same way as this one - silence for almost 6 months.

 

Does anyone know what happens "long term" with debts like this? I'm not going to stir up the hornest nest be getting in touch, but surely they're not going to forget about it forever? What's their next course of action when that dusty old file comes out of the cupboard?

 

Cheers

 

BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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The debt will float around and its a case of who fancies their chances and presses the Litigation button.

The longer it floats the more you can prepare and the longer it floats the closer it gets to SB (Statue Barred).

 

 

 

Andy

We could do with some help from you.

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  • 3 weeks later...

Hi all - Is it generally the case that banks wont start court action for OD's or is it just this case? Bradfordlad, were/are you paying an agreed sum off the OD each month?

 

Cheers

 

FTD

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  • 4 weeks later...
Hi all - Is it generally the case that banks wont start court action for OD's or is it just this case? Bradfordlad, were/are you paying an agreed sum off the OD each month?

 

Cheers

 

FTD

I have court action for overdraft from NW, and I was paying monthly sums as per debt plan

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  • 4 months later...

Bl**dy hell! Received a letter from a DCA last week! Obviously just filed with the others, but it's been so quiet I'd forgotten about this one!

 

Ah well, nice of them to think of me :)

 

BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Hello BL

I have not heard anymore from anyone:!: I have been getting telephone calls, but no messages left, from someone. Cases are still stayed :!:

Wish you luck with the DCA, who is it?

Regards

t

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  • 5 months later...

Hey everyone, need some advice.....

 

I've not heard anything on this case for months. I was just going to forget about it until it goes SB in 4 or so years time. However.....

 

Without going into too much detail, I work in the financial services industry. I've recently applied for a couple of jobs, and as part of the application process they do a CRA check.

 

Obviously my defaults have shown up on the report, and the companies concerned want to see evidence that I've come to an arrangement with the creditors, no matter how small.

 

Because I've (obviously) not made any arrangements yet I can't provide the evidence they need, so of course my hand has been forced and I now need to make an arrangement.

 

And here's where I'm stuck - I need this evidence ASAP. With that in mind, I think I'm going to have to break my golden rule, and ring whoever the latest DCA is! Is there any advice about how to keep it simple on the phone with the collectors? Also, if I offer, say £5 a month, isn't that going to restart the time for the SB issue?

 

Is it worth telling them the complete situation? I'm thinking that if I call and say, "look, if I get the job it'll mean I might be able to pay you more" it could go in my favour, but they may also use it to "blackmail" me and say "we want more" because they know I need the agreement to get the job!

 

Life's never straightforward is it?!

 

BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Hello BLAs you say, life is never simple! Personally, I would not contact DCA. As far as I am concerned, they cannot be trusted in the sort of scenario you have outlined. I have made "arrangements" with numerous creditors, only one of whom has correctly recorded the details with the CRA's so if anyone looks me up, they see a lot DCA's defaults, and no indication of repayments, which I have been making each month without exception!There is probably no mileage in starting to repay without an arrangement, so you can show intent to prospective employers, "proof" from DCA's would probably be like hens teeth. Someone with more knowledge than me can hopefully guide you better.I wish you luckRegardst

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