Quick bit of advice please re: KPR/Nationwide Flexaccount

[terrytibbs100]

Hi,

 

Got a Nationwide Flexaccount that's currently overdrawn by circa £3k - however, half of this is charges largely incurred when they reduced my OD limit after I went on a Payplan DMP (which I'm up to date with).

 

Got the DN a while ago, then a couple of weeks ago I got an letter from KPR to call them to discuss a reduced settlement figure, now today I got the "last letter before legal action". I've not responded to any of these, as when I did that with the credit card debt I have, I got nowhere and they started CC proceedings anyway.

 

Any advice on what I should do next? Do CCA requests and unenforceable CCAs apply for bank accounts? Any other general advice or do I just wait for them to issue CC claim form?

 

Thanks for any advice, TT

[threadbare]

I'm far from an expert .. but the little I know may help (or not !) ...

 

Overdrafts are partially covered by the CCA as they are a form of rolling credit. Thats why on yor credit record it only shows the amount of your OD balance, and not a positive balance i.e as one would have in the normal working of their current account. This has been verified by the CRAs too.

 

Whilst there isn't a signed agreement as such, your bank should have sent you a letter when the OD commenced (and each time the level changed) advising of the amount of authorised OD, the interest charges and how the "agreement" can be ended i.e "we will give you 2 weeks notice" or something of the like. They are the terms under which your OD has been granted if you like.

 

Any default notice issued must comply with the terms of the CCA too - as the part they are trying to collect on (a running/rolling debit balance) is regulated ...

 

Although having said that, I have read on here that some banks don't send DNs out for overdrafts - but then that would be wrong because we know that ODs are partially regulated by the CCA74 - as supported by the Coutts case, and the CRAs. So to my mind the banks have to send out a DN to comply with the terms of the CCA74.

 

You;ve had a DN yourself .. have you checked out your DN ... is it defective i.e amount asked for, enough time for service, correct wording and layout etc... could this be an angle of defence as if improperly served this could be an area to play on with them....

 

I'm sure someone will be along shortly to also give you some more advice ... as I say I'm not an expert, but hope that this info may give you a few ideas of how to take things forward ... you may want to push them on the regualted bits and defective DN to see what they come up with ... or you may just want to offer them a % per month to repay the debt and avoid any hassle, court etc...

 

Good luck ...

 

TB

[Undercover-Elsa]

Hi,

What date was the DN issued and what date for remedy?

 

Elsa x

[terrytibbs100]

Thanks to TB and Elsa.

 

I've scoured and scoured and can't find the DN - I'm now starting to wonder if I actually got one! The last letter received yesterday was a termination notice and notice of intention to take legal action, and within that letter it did say I'd been served with a DN.

 

It's possible (though unlikely) that I've mislaid it but I'd like to be sure.

 

What's the procedure for getting documents from them relating to a bank account, is it the same as on a credit card?

 

At this pre-court stage would I be able to do a CPR31.14 or an SAR or something different, any ideas?

 

Thanks for the help.

 

TT

[Undercover-Elsa]

Hi Terrytibbs,

First of all, check the wording in the legal action letter. Does it say "may" or "will"..usually a good indication of whether it's just a scare-ogram or means business.

I would send off a Subject Access Request immediately, in order to access all the information without alerting them to your main requirement..to see if they've noted issuing a DN on your comms log..

Send that by recorded to the Nationwide Data Controller, with a PO for £10.

Here's the SAR letter link:

 

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

They rarely keep actually copies of DN's, but one may turn up in the bundle.

I personally would hold off on the CPR request unless/until they issue a real claim.

In the meantime, write back to the bank seperately , again by Recorded Delivery, and tell them how suprised and concerned you are that they have escalated this to the point of threatening Court Action when you are already clearly making every effort to deal with this debt by regular payments via Payplan. State that you feel that enforcing this through the Courts is unnecessary, would not result in any increase in payments due to your financial position, and would be likely to be viewed by the judge as vexatious and an abuse of Court process.

Finish by saying that this situation has only arisen due to bank charges incurred following their reduction in your overdraft facility, which caused you distress and hardship.

Ask that they cease this heavy handed and unnecessary attempt at enforcement and allow you to continue paying off the balance as arranged via Payplan.

I'd send it directly to the CEO of Nationwide...I'll try and get you the address.

 

 

Elsa x

Edited July 18, 2010 by Undercover-Elsa
typos

[Undercover-Elsa]

Here's a thread with contact info for Nationwide:

 

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.html

 

The CEO is called Graham Beale.

 

Elsa x

[terrytibbs100]

Hi Elsa and all,

 

Didn't get as far as an SAR (but will do one now) but did write to the CEO - they have reduced the balance slightly due to charges (possibly realising I might be eligible to claim them back anyway) but are now taking it further via solicitors. Will send in SAR today.

 

Any other advice on what I might do in the meantime is as always very gratefully received.

 

Thanks, TT