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unknown? Natwest/Shakespeare Putman CCJ - Now going for a CO

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Hi Sorry if this is in the wrong place but I'm a newby at the end of my tether.

 

Today I received a letter from Nat West or so I thought but was I found out after an aggressive conversation talkng to a firn called Triton.

 

I have banked with Nat West for 30 years-yes I now know it counts for nothing.

 

In Feb I lost my job and in April due to the excessive charges(I am now claiming these back)

they put me way over my overdraft limit.

I also have a Nat West loan.

 

This is where it's complicated the Nat west account was a joint account although in it's 30 years I am the only one who ever used it.

 

After taking advice from CCCS I changed banks but of course my overdraft stayed,

I cancelled all direct debits.

I wrote to them offering payment of 2 pounds on the overdraft

and the loan- which they ignored.

 

I continued making the payments but every month Nat West would apply to itself for the direct debit

for its own loan and charge me a cancellation fee a management fee and interest on the overdraft.

 

I have contacted them on several occasions and kept them informed - and they ignored me.

 

I sent them the details again in September and in October informed them about an accident I had where I broke my leg and coudn't work.

 

Then A defaut notice came I contacted them again- guess what?

they ignored this and

 

today I had a letter from Nat West -no mention of Triton

- saying I had 3 options

1. PAY UP

2. negotiate a mutual figure

3. reply in wriitng sending them a payment.

 

The phone all started where they asked loads of questions for data protection,

leading to asking how much my house was worth and how much was outstanding on the mortgage

-I declined to tell them as I genuinely do not know,

my husband pays the mortgage I pay the bills.

I do know there is no disposable income when all the bills are paid.

 

This is where it turned nasty.

She became very stroppy and said they would take the house

and retrieve the money

and the only amount acceptable was 200 pounds a month.

 

I asked where the negotiation was in that.

She said it is their policy only then did she mention she was from Triton.

 

Can someone please help me?

 

1. Is it legal to send a letter with no mention of who you are going to speak with?

2. where do I stand with the house thing?

my husband has no idea that I am in this amount of trouble

as he is having treatment for cancer

andI don't want him stressed.

 

In my working life I had a well paid job and debt is a new road for me to walk.

Also I am trying desperately to walk again following an operation as I have a job offer in hand.

 

Thanks in advance to all who use this site I've read some of the threads and you guys really look helpful.

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Hi bolly,

As far as I'm aware Triton are the in-house debt collectors for Natwest.

As they're not treating you very well I would SAR Natwest.

This will get all the information they hold on you and will show the level of charges and fees they have placed on your accounts. They should also send you a copy of the agreement you signed for the loan.

 

Once you get them back you will be able to find out just how much they have charged you and you can put in a claim for them to be refunded. Be prepared for that claim to be put aside until the outcome of a test case going through the courts.

 

For the SAR, send the letter recorded delivery, do not hand sign the letter, just print your name and enclose a £10 postal order(no cheques)

 

One other thing. DO NOT speak to them on the phone, get everything in writing. If they ring you, refuse to answer the security questions then they can't carry on with the call as if they did they would be breaking DPA rules

 

Fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

 

I have already requested my account information with the 10 pounds and I received bank statements for the past six years no contracts or anything, is this what you mean ?

Thanks

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Yes but there should be an agreement for the loan within that paperwork.

If there isn't then they have failed in your request.

Did you ask for a cca from triton?

 

While they have failed to supply all the information doesn't put the account(s) into dispute, if you put a claim for repayment of charges, that does put the account into dispute.

 

As you've phoned the bank, there may even be recordings of calls made to the bank which you are entitled to.

 

was there any default notices in with the paperwork or notice of assignment. Your SAR was for everything they hold on you not what they want to give you. If there is no default notice or assignment notice alongside no CCA then they would have a hard time taking you to court.

 

If it does get to court and you lost, the judge would only make you pay what you can afford, not what the OC wants and as long as you stuck to it they couldn't put a charge on your home.

 

hope that info helps.

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

I am desperate for help. I banked with Nat West for over 35 years and had a well paid job last Feb I lost my job and from April had problems with my overdraft. Thing is it was in both my husband's and my name although my husband never used the account, neither to put money in or to withdraw, I just never took his name off.

Nat West persuaded me to take a loan to clear the overdraft of 8k, this is in my name. When I got into difficulty I closed the account and got a new account with another bank and cancelled all my direct debits. Well they cancelled them all but one.The Nat West Loan!!!! so every month they submitted a direct debit refused it and charged me for a failed DD and also charged for taking me over the over draft plus review etc.

I have taken action and have applied for my bank charges back. The charges are more than the overdraft, but i haven't gone to court as I thought i had to wait until the case was decided.

I pay money into the account every month 2.00 at first for each the overdraft and the bank loan, I worked as a cleaner and it was all I could afford. I have been bullied and harassed by Triton, then another company whose name escapes me and today I received a letter from Shakespeare putsman asking for the full amount. Not once has Nat West spoken to me or refused my money. The last company gave up when they knew they couldn't pursue my husband who was out of the country, and that I was paying to Nat West.

Now I am clueless. I broke my foot in October and my statutary sick pay ran out but I am still paying 10pounds to Nat West.Where does this leave me?

I don't know where my money is going, Shakespeare putsman are taking me to court they either want 150pounds per month or payment in full and i have neither. To make matters worse my husband is ill and he knows nothing about this debt.

I would be so grateful if anyone can help me and point me in the right direction. Why should I pay the overdraft when they owe me more than I owe them? and how can i keep from going to court, I genuinely can't pay what they ask.

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bolly u have posted this in the legal successes threads...... ill ask moderator to move it for u so u can get help..

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Thank you so much, I am so distressed I don't know what I am doing

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Thread moved, no problem bolly.. it happens :D


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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.

 

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Hi

I am desperate for help. I banked with Nat West for over 35 years and had a well paid job last Feb I lost my job and from April had problems with my overdraft. Thing is it was in both my husband's and my name although my husband never used the account, neither to put money in or to withdraw, I just never took his name off.

Nat West persuaded me to take a loan to clear the overdraft of 8k, this is in my name. When I got into difficulty I closed the account and got a new account with another bank and cancelled all my direct debits. Well they cancelled them all but one.The Nat West Loan!!!! so every month they submitted a direct debit refused it and charged me for a failed DD and also charged for taking me over the over draft plus review etc.

I have taken action and have applied for my bank charges back. The charges are more than the overdraft, but i haven't gone to court as I thought i had to wait until the case was decided.

I pay money into the account every month 2.00 at first for each the overdraft and the bank loan, I worked as a cleaner and it was all I could afford. I have been bullied and harassed by Triton, then another company whose name escapes me and today I received a letter from Shakespeare putsman asking for the full amount. Not once has Nat West spoken to me or refused my money. The last company gave up when they knew they couldn't pursue my husband who was out of the country, and that I was paying to Nat West.

Now I am clueless. I broke my foot in October and my statutary sick pay ran out but I am still paying 10pounds to Nat West.Where does this leave me?

I don't know where my money is going, Shakespeare putsman are taking me to court they either want 150pounds per month or payment in full and i have neither. To make matters worse my husband is ill and he knows nothing about this debt.

I would be so grateful if anyone can help me and point me in the right direction. Why should I pay the overdraft when they owe me more than I owe them? and how can i keep from going to court, I genuinely can't pay what they ask.

 

Hello Bolly,

 

As I understand, the bank owe you more in unalwful charges than you owe them in the overdraft?

 

If this is the case you need to write to NatWest and advise them that the account is in dispute. You should hope that they do take you to court then you can counterclaim for you charges plus statutory interest. The Court will suspend the case whilst the OFT case is ongoing. Whilst this is happening NatWest should not do anything to your credit record or add interest or further charges.

 

TFT


09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

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Hi Bolly,

You don't have to wait for the out come of the case Bolly, the advice is to go ahead and get your claim into court, where it will be stayed along with everyone else's until the outcome of the case. From what I remember this thread will give you some insight if you want to go ahead and get the claim in to court for reclaiming the bank charges.

Heres the thread its quite long but hi lights what to do very well.

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/126347-hsbc-bank-overdraft-charges-9.html#post2111612

 

Once its in court it is well and truly in dispute and cannot be passed to anyone. There is a wealth of info on Cag to show you how to go ahead and reclaim the penalty bank charges., The linked thread just springs to mind as it has alot of aspects of reclaiming that have been explained on there.

You don't say how far you got when you started to reclaim?

Do you have all your bank statements for the last 6 yrs?

You said you don't know hwere your money is going, Surely if you pay into the account they send you statements so you can see where your money is going.?

As for this firm taking you to court, when did they say that? I'm sure that is just probably another mindless threat from them.

Don't talk to them on the phone, refuse their security questions and demand that they write to you only. Theres a template letter if you need one on the site, let us know if you do and can't find it.

 

Are Shakespeare putsman acting for Nat-west? Do they say Nat west is there client?

Theres a few questions for you Bolly, sorry until you answer them I'm not sure how else to advise you.

In the mean time try not to worry, Its already been said, If they did take you to court you could just counter claim for the charges. I don't think they will start court action at the moment any way.

 

Alternatively you could give national debt line a ring if you would prefer someone to talk to. They are confidential and are a mountain of help, here is there number ...Phone us for advice 0808 808 4000

Their website is National Debtline England & Wales | About National Debtline

Edited by questioning
  • Haha 1

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Hi

 

yes i got all my bank statements and i wrote two letters to Nat West and their hatchet men Triton recorded delivery telling them I was taking action.

After much bullying from Triton they then finally backed off and I had a letter from a company called Moorcroft I think. I told them the case was in dispute, Nat West and Triton were already aware as I had written to them using one of the letters on here, and after a phone call I didn't hear from them again. Now this letter. I rang these people yesterday on receipt of the letter because I wanted to find out who they were, I thought Nat West had sold my debt on to someone else. Shakespear Putsman are acting as solicitors for Nat West and they said that they either want all the money or about £300 on both of the accounts to apy them up. I told them the overdraft is in dispute and I wouldn't even pay anything towards that and that I couldn't afford the repayments they asked. They told me to seek legal advice.

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Oh I should say I don't get bank statements from Nat West just letters telling me how much I owe, so I can't see where the money I am paying is going.

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Questioning has given you some good advice. Get your claim started, spreadsheet and Letter Before Action (LBA),

 

The thread Q linked you to will have all the information you require. :)


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Read Here

4: Staying Calm About Debt

Read Here

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

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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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You could post in the Natwest forum as I really think you should get this Overdraft into court asap.

Here is a link to their sub forum.......NatWest Bank - The Consumer Forums


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Oh I should say I don't get bank statements from Nat West just letters telling me how much I owe, so I can't see where the money I am paying is going.

 

Well is the balance going down by the amount you pay each month or is it going up?

I really think that you should get the OD into court and as for the loan I would contact National debtline about that one.

I would not talk to them on the phone.

Send them the "communicate in writing letter" from the libary.

 

kind regards Q.x.


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Hi

Well Shakespeare Putsman are taking me to court. I have also filed to take Nat West to court for the bank charges. Today my husband has received a letter from Moorcroft Home Collections to say that they wish to visit to discuss the amount outstanding on my overdraft ie the charges I am claiming back.

 

I don't know what the hell is going on all these different people involved. And I am so frightened of going to court it is the first time in my life. Please help me.

 

Should I also keep paying in to Nat west although I don't know where this money is going, I have the receipts for it. Will this help me in court?

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Ok, here is a letter to send immediately re the threatened visit.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

Here's what you do if they just turn up.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

You say they are taking you to court. Do you have a claim form what are the POC (particulars of claim) the reason they say they are making the claim.

 

Please tell us exactly what it says, minus any personal information. Is this claim for over or under £5,000.

 

What is the date on the claim form.


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

 

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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help required please!

I come on here infrequently usually when I'm panicked about my debts. I was a fairly stable intelligent person before all this started. I had a high paid job which i lost and then this whole merry go round started.

 

I am being taken to court by Nat West for an overdraft and a loan with them. The overdraft is 100% charges. they charged me for 3 bounced Dd's and i closed the account to stop anymore.

They closed the account for all dd's except the one for their own loan. They bounced the dd charged me 36 quid plus interest then bounced it again same thing and on it went.

 

I have continued to pay 20 quid a month all I could afford into the account to pay the loan. They have sent no statements for this so god knows how I stand. I have made a counterclaim for the bank charges and also filed a CC claim for the bank charges independently. I have no clue when this will go to court or what to do. I will be grateful for any help.

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Guest wino

Have thet actually filed at court or are they just threatening?

 

I am sure they cannot take any action whilst your account is in dispute.

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hi, thanks for replying.

 

They have sent me court papers it's going to court. I don't have a date just the papers for Birmingham County Court I think it is

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Hi

I would be grateful for any help as I am distraught by this. Earlier this year around March Shakespeare Puttman applied to take me to the County Court nowhere near my home, for a Nat West loan. I was already challenging Nat West for over 1000 pounds of bank charges. Well I never heard anything about a court date. I am also taking Nat West to court for bank charges and I haven't heard anything about that since March.

 

I received a letter on Friday from Shakespeare which I didn't open until today and basically it says that on 25.Oct Birmingham county court has issued a judgement that I should pay the full 7000 pounds I owe for the bank loan. Can I be took to court without my being given a date. I was going to go and challenge it? The letter is asking me to ring them to make arrangements for repayments otherwise they will apply for a charging order on my home.

 

My home is in joint names and my husband knows nothing about the loan or the trouble I am in. I have kept it from him because he is not a well man. How can the court have made a judgemnet without informing me of a court date. I have no letter from the court about this. No one has asked for details of my incomings and out goings.

 

I have been paying 20 per month and received no statements from Nat West and I believe that they have used this money to repay the overdraft and not the loan.

 

Please can someone help me, I know perhaps I have been naive not chasing statements from Nat west and questioning where my repayments have gone and I believe they have tricked me.?

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Guest Old_andrew2018

you could seek advice about getting the CCJ set aside

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We need more information before looking for a set-aside.

 

Earlier this year around March Shakespeare Puttman applied to take me to the County Court nowhere near my home, for a Nat West loan.

 

Let's go back to the beginning. How did you find out about this Court claim earlier this year?

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Hi

 

Well I knew I was going to court in 2008 that's when they applied.I've now found from the County court that all correspondence in regard to my case has been sent to B2 at Beachcroft a firm of solicitors in Wales, I never appointed them and I rang them and they've never heard of me.

 

I had to reply to Shakespeare Putsman before the 17th because they want to put a charging order on my house.Shakespeare Putsman told me they were informed in June 2009 that they were to correspond with Beachcroft. Now I don't know where I stand. I was trying to claim charges back from Nat West as part of my defence unfortunately I had said that I owed money to Nat west and that is what Shakespeare Putsman have relied on to apply for a court judgement.

 

Thank you so much for replying I am so scared.

 

Bolly

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You should apply to the court to set aside the judgement on the basis that you did not receive the claim documents. It may be useful to get Beachcroft to confirm in writing that they have never acted for you. This will cost £75.

 

Shakespeare Putman will probably issue a new claim; come back here if they do and we will help you to defend it and counterclaim for the set-aside fee. You will be able to get the case transferred to your local court.

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