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SLC & Natwest - breach of contract??


no1mum
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Hi,

 

I have an old style student loan (1997) and I have never earnt enough for me to go over the threshold and therefore owe money. Due to them 'losing' my deferrment forms on about 3 occasions they now say I owe hundreds of pounds in arrears & charges. I have been refusing to pay for about 5 years.

 

In Sept 09 the SLC accessed my new Natwest bank account. I have never provided them with the details of it, they found the account number & just took £400 out without notifying me.

 

Natwest did not inform me of this deduction but simply put my bank overdrawn & started imposing £38 monthly charges until I cleared it all. This meant in total I lost about £500 in the space of 3 months due to this.

 

When I confronted the bank they said the SLC had the right to take money without my knowledge & the bank would pay it without my permission.

 

The bank said there is nothing I can do about it. Is this right?? Surely on the old style loans (1997) they cannot take my money without my persmission??

 

Please help cos I'm in extreme hardship & am trying to fight Natwest on this. If you can point me in the direction of anything I can print out & send them as proof of this it will help my battle.

 

Thanks :)

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This is outragous. Not evne the taxman can simply dip into your bank account.

 

At the very least, you should start a claim for refund of SLC's charges, interest and all other loses suffered as a result.

 

I suspect that this is totally illegal, on several levels.

 

Have you had any court action agaisnt you?

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Thinking about this, I would suggest a joint claim against both Natwest and SLC for all the money SLC effectively stole from you and all charges inflicted on you by the bank.

 

You claim would also include an order that all of the unlawfully applied £20 SLC letter charges be removed from the balance, as well as 8% court interest.

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Perhaps a site helper would move this to the legal Issues section as this is more than a usual SLC charges reclaim thread.

 

Dammit, this is the worst abuse Ive seen from SLC.

 

Jayzuz, if government departments can simply help themselves, what is the point of having a courts service?- and if banks simply allow this, what is the point of a Consumer Credit Act, Data Protection Act, Limitations Act etc?

 

(I can guarantee any judge will not be impressed with either the bank or the SLC's behaviour and would be sympathetic to an award of damages for this grossly totalitarian and oppressive conduct. Who the *bleep* do these bargain basement Nazis think they are??? )

 

For a kick off, letter to your MP would be useful.

 

And yes, there is nothing in your pre-1997 T&Cs which would allow them to do this.

Edited by noomill060
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I have moved this to the legal forums as requested. Unable to help with the query, hopefully someone from the site team will be able to help.

 

I wouldnt have thought this was permitted, else any creditor would just have the right to take money from anyone's account. :confused:

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Hi No1mum,

 

You should give the SLC and NatWest a chance to reverse the transaction before taking court action.

 

I suggest you write to SLC saying:-

 

Dear sir or madam,

 

FORMAL COMPLAINT AND REPAYMENT DEMAND

 

I refer to the withdrawal of £400 taken by you from my Natwest bank account (a/c no. xxxx xxxx). You had no authority to withdraw money from my account and it must be repaid within 7 days.

 

As a direct result of your action, I have been left without sufficient money and in serious Financial Hardship.

 

Additionally, I hold you responsible for any consequential bank charges and interest and, once these have been quantified, I will require immediate payment of such amounts.

 

If you fail to repay within 10 days, I will begin proceedings against you in the County Court to recover all monies taken without authority.

 

Complaints will be made to the FOS and other authorities as necessary.

 

Yours faithfully,

 

Also, send NatWest a letter:-

 

Dear sir or madam,

 

FORMAL COMPLAINT

 

I enclose a copy of my letter sent today to SLC which you will find self-explanatory.

 

I have no idea how or why you allowed the SLC to take money from my account no. xxxx xxxx. When I queried this with you on xxdate, I was told there was nothing I could do about it.

 

Having taken advice in this matter, I realise I can take court action to recover the amount taken without authority from my account. I will also seek repayment of all consequential bank charges and interest.

 

Take note that, if court action is taken, NatWest bank will be cited as co-defendant as you had no authority to pay the SLC and cause me to be left in serious Financial Hardship.

 

I am now aware of how unfavourably the Courts will view your actions, so you may wish to take action to refund my account accordingly within 10 days.

 

Yours faithfully,

 

Send off each letter by Recorded Delivery and keep the receipts.

 

If they fail to repay, you will write a further letter to each party which will be your Letter Before Action given them one last chance to repay.

 

If they fail to meet that deadline, you will issue a court claim without further warning.

Edited by slick132
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I have posted a reply above but it's gone missing ???

 

Did 2 letters for No1mum to send, to SLC and to NatWest.

 

Trying to sort this and will come back. :mad:

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slick, it is back now. Although OP would have received the information via email notification :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I hope No1mum will respond to the email notifications, that folks have posted on her thread.

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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