Jump to content


tedney

natwest summons for joined overdraft and loan

style="text-align:center;"> Please note that this topic has not had any new posts for the last 416 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello, I have looked at various posts on here to obtain some guidance and have some questions!

 

This is the situation:

NatWest ignored my written correspondence,

and served a Default Notice in December 2007 for a joint (with my wife) current account.

 

They continued to ignore written correspondence, and issued a CCJ to my wife (without prior advice)

in March 2008 and to me in May 2008.

 

Their claim included the "standard" court interest under s.69 at 8%

and charges for solicitor The overdraft was around £5200.

 

Their claim was for approx £5200, plus interest and costs Of this approx £3,200

 

we found to be their unlawful charges and interest,

so we counterclaimed for this,

and both cases (mine and my wife's) are currently stayed pending the outcome of the test case.

 

We have recently received a

"Terminated Overdraft Notice" sent from Natwest

"In compliance with the Consumer Credit Act 1974 because you have failed to make required payments"

in which they indicate added interest (without a rate quoted) which provides a balance of over £5,800.

 

I have continually kept the bank informed of my financial status,

and I have even had a third party agent write to the bank prior to their issuing of the Default,

all of which were ignored.

 

I am making regular payments in line with the amounts agreed with the third party agent.

 

My questions are:

1. Is it relevant for me to obtain a copy of my original Credit Agreement?

2. Can the bank keep adding interest, even after the issuing of a CCJ?

3. Should I respond to this notice in any way?

More info can be provided!

Thanks in hope someone can help us!

Tedney

 

Hello, Any chance of some help please?

Share this post


Link to post
Share on other sites
1. Is it relevant for me to obtain a copy of my original Credit Agreement?
Not really as for an overdraft the agreement would simply be a letter from the bank.

 

2. Can the bank keep adding interest, even after the issuing of a CCJ?
The CCJ hasn't been issued. A county court claim has been issued but no judgement made as your claim has been stayed. They shouldn't really be applying interest or requesting payment as the claim is at court.

 

I am making regular payments in line with the amounts agreed with the third party agent.
Why are you making payments if the balance is made up of charges and interest levied on these charges and the case has been stayed?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Thank you for your response Rory32.

To take the points you mentioned:

 

 

1. Is it relevant for me to obtain a copy of my original Credit Agreement? Not really as for an overdraft the agreement would simply be a letter from the bank.

 

But the bank are sending me "official" docemnts quoting the Consumer Credit Act 1974

"This Notice is given in compliance with CCA" "

We are sending you this notice because we are obliged to do so under the act"

 

2.The CCJ hasn't been issued.

A county court claim has been issued but no judgement made as your claim has been stayed.

They shouldn't really be applying interest or requesting payment as the claim is at court.

 

Unfortunately I do not have a scanner, so cannot scan document,

but "Notice" shows added interest, and two only of monthly payments, and the following relevant (?) phrases:

 

 

"If you have difficulty repaying your overdraft, please contact us if you have not already done so to discuss repayment"

(Of course I have contacted, and am repaying that which is not contested charges).

 

 

"THis notice does not give detials of missed or partly made payments previously notified whether or not they remain unpaid"

" You may have to pay default sums and interest in realtion the missed or partly made paymnets indicated above in addition to any default sums and interest already included in this notice.

 

 

Please contact us if you would like further details"

 

 

It also refers to an Office of Fair Trading Information Sheet,

which was inlcuded with the notice,

which they aprticularly refer to "their(sic) right to charge interest,

and about applyng for a Time Order.

 

3. I am making regular payments in line with the amounts agreed with the third party agent.

Why are you making payments if the balance is made up of charges and interest levied on these charges and the case has been stayed?

 

There is a net balance,

excluding charges and interest,

left on the account,

which is closed.

 

 

It is this balance that the payments are hopefully

(although it doesn't seem like it, as the NWB is still adding interest!) reducing!

I though it best to maintain payments, so the court can see my intentions.

 

The notice also shows a "Formal Demand Expiry" balance, which they have used as an opening balance for the notice

 

Rory32 Sorry for format of my response, I am not yet used to how to show "quotes" from other posts. Apologies!

 

Hello again

I shall try and post a little clearer! Sorry.

 

1. Is it relevant for me to obtain a copy of my original Credit Agreement? Not really as for an overdraft the agreement would simply be a letter from the bank.

 

But the bank are sending me "official" documents quoting the Consumer Credit Act 1974 "This Notice is given in compliance with CCA" "We are sending you this notice because we are obliged to do so under the act" Is this relevant please?

 

The CCJ hasn't been issued. A county court claim has been issued but no judgement made as your claim has been stayed. They shouldn't really be applying interest or requesting payment as the claim is at court

 

I understand that claim is stayed.

 

 

Unfortunately I do not have a scanner, so cannot scan document, but "Notice" just received shows added interest, and two only of monthly payments, and the following relevant (?) phrases: "If you have difficulty repaying your overdraft, please contact us if you have not already done so to discuss repayment" (Of course I have contacted them, and am repaying that which is not contested charges). "This notice does not give details of missed or partly made payments previously notified whether or not they remain unpaid" " You may have to pay default sums and interest in relation the missed or partly made payments indicated above in addition to any default sums and interest already included in this notice. Please contact us if you would like further details" It also refers to an Office of Fair Trading Information Sheet, which was inlcuded with the notice, which they aprticularly refer to "their(sic) right to charge interest, and about applyng for a Time Order.

 

Should I just ignore this notice, or do you suggest a response please?

 

Why are you making payments if the balance is made up of charges and interest levied on these charges and the case has been stayed?

 

There is a net balance, excluding charges and interest, left on the account, which is closed. It is this balance that the payments are hopefully (although it doesn't seem like it, as the NWB is still adding interest!) reducing! I though it best to maintain payments, so the court can see my intentions.

The notice also shows a "Formal Demand Expiry" balance, which they have used as an opening balance for the notice.

 

I hope the above is clearer, many thanks for help so far.

Share this post


Link to post
Share on other sites
But the bank are sending me "official" documents quoting the Consumer Credit Act 1974 "This Notice is given in compliance with CCA" "We are sending you this notice because we are obliged to do so under the act" Is this relevant please?
The notice would have to state that. However the 'agreement' has part V (form and content) exemption from the Act, which is why a letter from the bank stating the amount of the overdraft, APR and charges, etc. would be the agreement.

 

Should I just ignore this notice, or do you suggest a response please?
Is this just a notice of sums in arrears or a default notice?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Hello rory32.

The covering letter, and the notice, is headed "Terminated Overdraft on ac**** number xxxxxxx.

 

The letter says

"we are aware that you may have already been in contact with us regarding your situation or to arrange a repayment plan.

We are sending you this notice as we are obliged to do sounder the Consumer Credit Act."

 

They issued a default notice in January 2008.

They took me and my wife to court in March and May 2008.

We are counterclaming charges.

Thanks again.

Share this post


Link to post
Share on other sites

Just file it under ignore then.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

OK thanks very much

 

Can anyone help please?

 

I have a "terminated overdraft" (their words) with natwest.

 

I was sent a Default notice in January 2008.

 

Since July 2007 both I and the CAB have written to them.

 

Effectively, most correspondence has been totally ignored.

 

They issued a claim in April 2008.

 

I counterclaimed, and this action is now stayed pending the OFT ruling.

 

In December, and again today I have received a document from natwest which states

"This Notice is given in compliance with the Consumer Credit Act 1974

because you have failed to make required payments"

 

These two documents are the first of their type I have received.

 

Does this mean that, if not have been recieved before,

that natest were in breach of the act by not sending such documents before?

 

Additionally, the first notice indicates a balance outstanding far in excess of the court claim,

 

Can natwest keep increasing (with interest) the debt,

even though the the total as indicated in their claim is in dispute?

Share this post


Link to post
Share on other sites

Update:

I have now received a further "Notice", this one is different from the first.

 

 

The first one indicated an "Amount of Last Two Payments" which is the debt according to NW (including disputed charges and interest) and additional interest they added after the overdraft was terminated (Jan 2008).

 

 

The current notice does not include this total figure, merely showing "last two payments due" which, I assume is their interest charges, and details of my last two monthly payments.

 

Why do you think that these forms, with covering letters, are now being sent, even though they have issued a claim please?

No letters or forms have been received from NW since September 2008 until their first form in December?

Share this post


Link to post
Share on other sites

They are sending them because the Consumer Credit Act has been amended and they are now required by statute to send you a notice of sums in arrears.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

OK thanks rory32, Would this amendment apply to all credit card companies and banks, should they all be sending such notices if I am in debt?

Share this post


Link to post
Share on other sites

Hi Tedney,

 

This is what i got today from those ********

 

http://i222.photobucket.com/albums/dd235/womble1988/img163.jpg

 

Page two has interest charges on it.

 

 

 

It is probably the same as what you have got.

 

Just more charges thrown at us!

Edited by womble72
my account no on there

Share this post


Link to post
Share on other sites

Yes. What they are now legally obliged to send you is:

 

Notice of sums in arrears, including an arrears information sheet, within 14 days of the debtor going into arrears; and

 

A notice of sums in arrears at six month intervals for the duration of the period that the debtor remains in arrears.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Hello Womble72, Yes you are correct, exactly the same documents obviously amounts vary!!

 

Thanks for your input rory32.

 

 

I have other debts, 3 loan accounts and eight credit cards, all dating back over about a year since default notices issued.

Some have been passed to DCA's whilst other not.

NW is the only one I have received the notices from.

Are the others now acting illegally?

 

Hello Rob

Well spotted!

They don't give up! I

am making monthly payments on various accounts.

 

 

NW record my payments as being received on the day it leaves my account (with another bank!) their 5 working day time period is another smoke screen!

Share this post


Link to post
Share on other sites
Post unapproved thanks RC !!!

 

Thanks for sorting that 42man ;)

 

Cheers

Rob

Share this post


Link to post
Share on other sites

Thanks for clarification, outstanding query:-

Thanks for your input rory32. I have other debts, 3 loan accounts and eight credit cards, all dating back over about a year since default notices issued. Some have been passed to DCA's whilst other not. NW is the only one I have received the notices from. Are the others now acting illegally?

Share this post


Link to post
Share on other sites

Section 86B(6) provides that a notice of sums in arrears under a fixed-sum credit agreement (a loan) or a consumer hire agreement must include a copy of the current arrears information sheet under section 86A, and section 86C(3) makes equivalent provision in relation to notices of sums in arrears under running-account credit agreements (a credit card).

 

This came into effect as of October 1st 2008.

 

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Hello

Does anyone have, or can anyone point me in the correct direction to obtain the dates of NW quarterly periods for the last 6 years, and possibly before (!) for debit interest. Thanks in Advance:)

 

Thanks for that yourbank, but I could only access basic home pages on this, no pages where information provided. Thanks anyway

 

Thanks for the explanation rory32.

I am only receiving these notices, mentioned in posts 8 and 11 for an account with an overdraft facility.

 

 

I also have a loan account which has also been defaulted, and is being dealt with in the same court case as the account with the overdraft.

 

 

I am not receiving any notices for the loan account, and neither is any interest being added, according to a check on a CRA.

 

Will this anomaly help my case, as, if I understand your post correctly,

I should be receiving a notice of sums in arrears for both accounts?

 

 

Thanks again.

Share this post


Link to post
Share on other sites

I have a stayed court case with NW.

They issued a summons for current account with overdraft, and a loan.

Both accounts on one summons.

 

 

I claimed back unlawful charges and mis sold PPI.

 

 

Meanwhile, I am paying monthly payments in accordance with CAB advice.

 

 

NW are continuing to add interest on current account, but not on loan account.

 

 

Both accounts have been defaulted. All this happened before I found this site:).

 

I have not sent SAR or CPR 31.14 Request.

 

 

Are these relevant or is it too late?

 

 

Case has been stayed since October 2008.

 

 

Any help/comments would be welcome please.

Share this post


Link to post
Share on other sites

If I understand correctly, you are defending their claim as most or all are charges. So if their appeal is throw out you will win the case. They then will have to repay all the charges in the original claim plus all the charges added since. Of course if they win in the House of Lords???


Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

Share this post


Link to post
Share on other sites

Yes, claim had substantial charges and mis sold insurance.

 

I do not know if added charges are interest or charges.

 

Are you saying that if OFT case is positive in consumers favour,

that court should rule that monies added to their claim after its issue,

in addition to those defended, should be cancelled out?

 

Either way, as the claim is already issued, if they are adding sums after the issue date,

then another claim would have to be made by them?

Share this post


Link to post
Share on other sites

Have you emailed the OFT & asked for their opinion? The Office of Fair Trading: Contact us


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Thanks cerberusalert. I have not done that. As already subject to court proceedings, do you think they would still comment? My concern is that if OFT case goes against, will the court add on the added "costs" after the summons was issued? Surely once summons issued, apart from statutory interest the amount of the claim cannot be increased.

Share this post


Link to post
Share on other sites

AIUI the court case was heard and passed to the OFT to determine what the fair charges were to be.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Update

Since receiving the original "Terminated Overdraft Notice" sent from NatWest "In compliance with the Consumer Credit Act 1974 because you have failed to make required payments" last january,

 

 

I had understood from previous posts on this thread that I should receive one every six months.

Is that correct? I have not received any more!

 

Additionally, on checking with a CRA today I have found that although I received a default notice in December 2007,

the DCA's record shows 30/04/2008 as the issue date, and the current balance has now increased by approx £900 since january.

As stated there is a stayed case regarding this account.

 

Should I be doing something about the default date anomaly and dramatic increase in the debt since january?

I am continuing to pay monthly sums to Nwst, albeit less than £10.00

 

Any advice would be welcome. Thanks

Share this post


Link to post
Share on other sites

On updating my files, I have found that NW have refused to supply me with a copy of the original T & C's for a business account opened in 1975 as "the paperwork is no longer available"

Additionally, they say they are unable to supply copies of letters produced automatically by their system for a personal current account.

Anyone have any thoughts on these, especially the letters, as the account these pertain too is the subject of a stayed case at the moment?

Thanks

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...