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NatWest threatening bankruptcy because of my overdraft

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I've exceeded my overdraft limit with NatWest. I've spoken to the CCS, put a budget plan together and offered to pay NatWest a fixed amount each month, but I'm still waiting for a response. I've asked for everything to be put in writing, as the last time I spoke to their Collections Department, they left me in tears.

 

I received a letter from them today still insisting that I phone them. The letter sais they are "disappointed" we have ben unable to reach an acceptable solution, gives a telephone number and asks me to call them immediately. Apparently they want to help me with my problems, "but we can only do so if we talk together"

 

They say that if I don't phone the consequences could include:

 

Legal action which may involve bankrupty or repossession proceedings

 

Enforcement / recovery action which may involve attachment of wages or seizure of assets

 

My details being passed to debt recovery agents which can involve personal visits to my home

 

 

I'm very reluctant to phone them, considering they are prepared to threaten bankruptcy at such an early stage! Surely a lot needs to happen before bankruptcy is an option. Does anyone know which DCA they are likely to use and if they do have authority to come to my home?

 

I'm grateful for any advice!

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Ah yes "Helpful Banking":lol:

 

Well your right not to talk to them over the phone, and to keep everything in writing, if you have requested everything in writing and they insist on talking to you over the phone, DON'T!

If they ring you, simply tell them "everything in writing" and hang up.

 

As for their immature response and empty threats of Bankruptcy, they are just that, How much is your OD? It needs to be over £750 for bankruptcy to be threatened.

I would lodge a formal complaint with them immediately, by letter, or email, and start the complaints procedure bringing the FOS stage closer.

 

Their threat of bankruptcy and repossession at such an early stage is a valid reason to come down very hard on them. For a start, what is it you have of theirs they are threatening to repossess?

If they are referring to 'removal of goods' then they are extremely foolish and deluded as to do so, would first require a CCJ to be awarded against you, then for you to fail to pay toward that CCJ, then and only then can they seek the courts permission to remove goods to the value of, and even then they have to gain access to your property which they can only do peacefully.

 

The threat of personal visits to your home can only be made if you wish to make an appointment with them or anyone they choose to act on their behalf so don't worry about that, the postman has more rights than some spotty faced DCA or bank rep.

 

Triton will be their next move as it is their own in house DCA and Green & Co are their Sols.

 

So have they told you to repay all of the OD because you went over it, and have they pulled you OD facility?

You MUST open another Bank account with a different banking group, otherwise they will take you money out of your account to offset the OD.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Notdownyet

 

Welcome to CAG

 

I would write back to them stating that if they want to help you, then they can do so by communicating in writing. As you say stupid threats will not help their cause.

No they don't have authority to come to your house. If they turn up, just tell them to leave.

 

A couple of links for you :- http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment

 

With the Telephone Harassment letter send one to them recorded, also send a Doorstep letter too. Keep one near the door in an envelope, if a DCA call just hand it to them and tell them to clear off or you'll call the police.

 

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

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Hi Notdownyet,

 

Just to add.... throw this into your letter to them.

 

I note you have asked me to contact you by phone however I must insist that all discussions of a financial nature take place in writing only! this will protect the rights of both parties. This request is covered in Section 144 of the new Lending Code which your bank is signed up to follow, I quote:-

 

144.

Where a customer requests that the subscriber deals with them in writing or e-mail (providing that facility is available) rather than by telephone, they should do so as long as the customer remains co-operative and in regular dialogue

 

I now require you to confirm that you will abide by this code of practice or state the reasons why not, this statement will be used in any future legal action.

 

S.


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Deal with your debts:

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Hi there

Without knowing the approximate size of the overdraft then its difficult to say whether the Bank are justified or not.

 

Judging by my experience with Banks they *probably* are acting over the top but it really depends on the amount of money they are claiming.

 

It's unusual for Banks to go down this route even for debts of around 10,000 GBP but given the GREEDY and RAPACIOUS behaviour by your average Bank NOTHING but NOTHING surprises me about them any more.

 

Remember if you DO legitimately borrow money unfortunately you also have a duty WHERE POSSIBLE to pay it back however horrible that might be and these wretched Banks unfortunately DO have a right to attempt to claim it back :

 

HOWEVER THERE ARE PROTOCOLS for handling these types of disputes which should be stuck to -- jumping the gun by an overzealous bank is definitely a ground for complaint -- in any case what would the Bank gain by making you Bankrupt -- an Overdraft would rank fairly low when your assets would be disposed of by the official receiver if you DID go bankrupt.

 

Cheers

jimbo

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