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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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NatWest Collections Department denying me access to my account


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I have exceeded my overdraft limit on my NatWest current account, and it has now been passed to their Collections Department.

 

Collections have cancelled my debit card and asked me to return my card and cheque book, but they are also denying me access to the account via telephone and internet banking. When I log-in to internet banking, the account is no-longer listed. When I use their automated telephone banking service I'm told my account details are not recognised. Any member of staff I speak to tells me that a 'block' has been placed on the account and they cannot discuss any details with me - I have to speak to Collections.

 

Stopping me from making any further transactions is understandable, but I now have no access to the account whatsover. I don't know my balance, I can't order a statement or get details of any transactions or charges.

 

I've written to NatWest explaining my financial circumstances and offered to pay a fixed amount each month. I received a letter from them today informing me that blocking access to the account was done to 'prompt me' to call Collections, and access to the account will only be restored once I've phoned them and agreed a repayment plan. The letter gives a figure for how much they claim I now owe NatWest, a figure which is far higher than when the account was first passed to Collections.

 

I completely accept that the overdraft has to be cleared, and have offered to pay them, but I feel intimidated that they are not allowing me any access to the account at all unless I discuss the matter over the phone. I'm also concerned that I now have no-way of finding out what the status of the account is, and how much I actually owe them.

 

If you have an account with a bank, surely they are required to provide you with statements and details of your transactions and charges?

 

Any advice, please?!

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I think you need to make a complaint to the FOS.

How long they will take to respond though is anyone's guess.

Have you been through Nat West internal complaints procedure.

Is your salary being paid into this account, and are you able to access money for priority bills, food etc.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Open an acount at a different bank, and stop servicing the account. Do not phone natwest, if they phone you tell them only in writing and hang up.

 

don't return your card, destroy it.

 

Write to them telling them what you can afford after you have worke out how much you have left after paying essntials. If on benefits this would only be a token payment becasue by their nature they are the minimum you need to live on. Claim back bank charges.

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Personally, if it were me, I'd go into a branch and make a fuss until they gave you a statement showing you the balance on the account as at the last statement and any transactions since.

 

Alternatively write to them and say that you will only engage them in a discussion when you have an up to date breakdown of the account that you can reconcile back to your previous statement.

 

In the meantime open a new account if you don't have one and rearrange your banking affairs.

 

Don't let them intimidate you which is precisely what they are trying to do. It's extremely unlikely that you will have any meaningful banking relationship with them going forward. They are now a creditor wanting money. You need to make sure that the amount they are claiming is correct and you are in charge of how much they receive. Their actions have weakened their position and you are in the driving seat.

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  • 3 weeks later...
Alternatively write to them and say that you will only engage them in a discussion when you have an up to date breakdown of the account that you can reconcile back to your previous statement.

 

In the meantime open a new account if you don't have one and rearrange your banking affairs.

 

 

Thanks for all the advice. I've now openened an account with another bank. I wrote to NatWest telling them I was prepared to make regular monthly payments to clear the debt, and asked them to send copies of my bank statements and a break down of interest and charges. The letter was sent at the beginning of this month, and I still haven't received a reply.

 

Should I submit a Subject Access Request? Surely there must be some legsislation that states that if I have an account with a bank they are obliged to provide me with statements in some shape or form?

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Thanks for all the advice. I've now openened an account with another bank. I wrote to NatWest telling them I was prepared to make regular monthly payments to clear the debt, and asked them to send copies of my bank statements and a break down of interest and charges. The letter was sent at the beginning of this month, and I still haven't received a reply.

 

Should I submit a Subject Access Request? Surely there must be some legsislation that states that if I have an account with a bank they are obliged to provide me with statements in some shape or form?

 

Make a complaint to the collections department and threaten to take this to the FOS about the way the account has been handled. NatWest would get charged a £500 case fee by the FOS if you took it that far.

We could do with some help from you.

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  • 6 months later...

guys I know this is an old thread and I am not trying to hijack but I must be only person on earth allowed to take funds whilst in the collections dept but wait the reason why I was allowed to take funds out of my account was my account was at Branch level something the case handler who claims to be highly trained omitted in her final response letter.

Never ask for statements, specifically request a list of transactions

If you do ask for statements you may be charged £10 a time, and over six years that’s £720, yet asking for a list of charges should be fine.

40 Days to comply or seek remedy fronm the information comissioner!!

Don't have it

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  • 8 months later...

A similar thing happened to me not all that long ago. I tried explaining to the (endless amount of) people I spoke to that I was in a considerable amount of debt, but that I had signed with a debt management company to rectify the situation. They basically didn't care and demanded that I pay off my £2000 overdraft off in ridiculously high monthly installments, which in addition to the payments I was making to my debt management company and those lenders who had refused to be referred, I've been struggling to have any money to live on for the past 12 months and sometimes went over my overdraft limit causing £6 a day charges. I finished paying off my overdraft amount and learned from my debt management company that it all could have been referred through them and I could have paid off a fraction of the amount.

Goes without saying that I intend on leaving Natwest.

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  • 3 weeks later...
Hi I owe Natwest £600 which is made up completely of charges. Have another account with them into which benefits are paid. They have now denied me access to this account. Can they do this?

 

Do a search for “right of appropriation”. Not sure if there’s a letter in the template library but they can’t deny access to your own money needed to cover living expenses. Always best to open a basic account with another bank to have money paid in so they can’t touch it.

 

That's handy, click on the highlighted link takes you to the library.

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Open up a basic account with someone like the Co-operative and have any benefits paid into there.

You need to take Natwest out of the picture completely with regards to any benefit payments.

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