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How, precisely, does a bank call in an overdraft?


Jim0203
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I've looked for an answer to the following question in the FAQ but can't find one: it might be worth an admin's time to post any answer to the FAQs.

 

I'm currently in the process of claiming fees fro Natwest and am well aware that they are able to call in my £1000 overdraft in retaliation. My question is, how do they go about this? Do they demand the amount in full, or do they demand, say, £100 a month? Do I negotiate a repayment schedule with them, or do they just force one on to me?

 

I realise that there may not be a cut-and-dry answer to this, so any individual experiences people are happy to recount would be greatly appreciated.

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they can demand the whole lot back at any time they like, they will prob give you a month to do so.

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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When I was a junior nurse the abbey let my overdraft get up to £2600 and one day they asked for it back.

I agreed that I would pay it back £100 a month if they froze the interest. Took a while but I did it.

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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When I was a junior nurse the abbey let my overdraft get up to £2600 and one day they asked for it back.

 

Sorry this is going to go slightly off topic.....

 

I dont agree with the comment you made, fair enough if you have had charges that have resulted in your overdraft being so high, but you need to take responsibility for the overdraft, abbey did not just let you have a £2600 overdraft. You let it get that way and you need to be responsible for spending over your means.

Sorry i dont mean to have a pop at you, its just in general, people that are in debt and haven't hit their "light bulb" moment, try and blame things on the credit card companies and banks by saying," oh they just put up my limit" but you spent it!!

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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You say that, but sometimes it becomes unavoidable that your outgoings are higher than your income, and you need, in that situation, for someone else to step in and help. Over the course of about a year, I had to raise my OD limit from £200 (and I was actually in credit) to £1200, simply because I wasn't getting paid enough to really support myself. I wasn't exactly living the life of luxury, either. If I was lucky, I'd go out maybe once a month. My choices were either increase my limit or starve. Whilst I agree it's unfair to claim it's entirely the bank's fault, I would have thought that 6 months of a steadily declining balance would have triggered some kind of warning.

 

I agree that the banks don't have any form of duty of care towards you, but they ought to do something more than offer you a dodgy loan or overdraft increase when they notice you're getting a bit messed up. For example, allowing certain payments to go through regardless of your overdraft situation would be excellent. I think there was a period of about 3 months when I was effectively paying double the rate for my Cahoot loan, because I didn't have enough money to cover it, so Natwest charged me, and as it was getting paid late, Cahoot also charged me. I could probably have just about coped with one of those charges, but both of them just made it a nightmare.

 

From that point of view, I'd say that, yeah, banks can "let" you get to stupid limits. If I was a bank manager and an individual got more than about £1500 into their overdraft, I'd want to know why.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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I'm currently in the process of claiming fees fro Natwest and am well aware that they are able to call in my £1000 overdraft in retaliation. My question is, how do they go about this? Do they demand the amount in full, or do they demand, say, £100 a month? Do I negotiate a repayment schedule with them, or do they just force one on to me?

 

They can demand it but from what I've read on here they cant make a log against you on your credit file as the amount is in dispute. I have a £1500 overdraft, they can demand it but they cant get blood out of a stone, I havent got it, simple!

 

On the subject of banks "letting" you get into debt I think its called responsible lending, however most banks dont know what that is! I've just opened new accounts with Lloyds, I'm a single parent on benefits and have been given a £3k credit card and a £2k overdraft!

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Fallen, i dont know if your a member of money saving expert but there are hundreds of people living in debt on there (check out debtfree wanabe) that dont have much coming in and they live within their means and dont go out period, going out once a month would be a god send to these people.

So you can live within your means no matter how much you earn, as long as your not earning 1000 a month and your rent is 1300 then you cant be living like that.

But i'm talking about people paying all their bills and then having x amount leftover for food and other stuff and it really takes a different type of mind set to realise when your overspending

 

They can demand it but from what I've read on here they cant make a log against you on your credit file as the amount is in dispute. I have a £1500 overdraft, they can demand it but they cant get blood out of a stone, I havent got it, simple!

 

On the subject of banks "letting" you get into debt I think its called responsible lending, however most banks dont know what that is! I've just opened new accounts with Lloyds, I'm a single parent on benefits and have been given a £3k credit card and a £2k overdraft!

 

Here's exactly my point, now its up to natalie to act responsible and not spend £5,000. What i dont want to hear a year down the line, Is natalie(sorry just using you as an example)blaming the bank/credit card company that they gave it to me....

I'm only speaking from experience i have a £2400 overdraft with abbey and i do believe most of that is due to extorinate bank charges but i have also overspent.

If i didnt have other debts i could prob pay that back within a reasonable amount of time but with my other debts i couldnt pay it back.

 

All i'm asking for is for consumer's to be more responsible with their "debts".

 

Sorry i'll try and keep this on topic

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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When I said I went out about once a month, I meant "my girlfriend dragged me out to prove she hadn't killed me and stuffed my corpse in the freezer." Aside from that, all my money was going on food, getting to work and paying off debts.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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Sorry this is going to go slightly off topic.....

 

I dont agree with the comment you made, fair enough if you have had charges that have resulted in your overdraft being so high, but you need to take responsibility for the overdraft, abbey did not just let you have a £2600 overdraft. You let it get that way and you need to be responsible for spending over your means.

Sorry i dont mean to have a pop at you, its just in general, people that are in debt and haven't hit their "light bulb" moment, try and blame things on the credit card companies and banks by saying," oh they just put up my limit" but you spent it!!

 

 

No offence taken. I was taking home about £800/month at that time. They knew that.

I asked for it over a period of time (i.e. "I'm skint can you help?" "Yes sir, we will extend your overdraft by £100") and they gave me it. I was young and naive then.

I think I had abbey shares still then and at one point tried to sell them to raise some cash and they said "no, don't do that, just extend your overdraft"

 

Now people that blame banks and credit cards for their debts cheese me off but only because I see them on the same spiral I was on.

Abbey (Charges on 3 accounts and default on my credit record) - DPA letter sent 30/03/06 - 40 days limit is 9th May - Recieved DPA printouts 05/04/06 with microfiche "fob off" letter. <p>Barclaycard (Charges on 1 account and default on my credit record) - DPA letter sent 03/04/06 - 40 days limit is 13th May - Recieved some statements 08/04/06 along with DPA printout and a microfiche "fob off" letter. Claim for £340 sent 11/04/06

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Sounds like it's procedure then. Natwest did pretty much the same. Thankfully, they stopped at £1200, but I then destroyed what few savings I had trying to survive. I just wish I'd done what I eventually did to solve the problem a lot sooner: I told my boss he could either give me a pay raise effective immediately, or I could walk out of the office that afternoon and never come back. Mind you, two months after that I left anyhow.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

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I'm currently in the process of claiming fees fro Natwest and am well aware that they are able to call in my £1000 overdraft in retaliation. My question is, how do they go about this? Do they demand the amount in full, or do they demand, say, £100 a month? Do I negotiate a repayment schedule with them, or do they just force one on to me?

 

To get back to the original question...

 

They can, and will, demand full repayment. What they can't do is enforce it. (The expression blood and stones springs to mind).

 

What you do is open a parachute account NOW if you haven't done so yet. Then, if they call in your o/d, you transfer your wages and benefits in the new account asap, as well as your d/ds etc. Once the 1st bank can't get its grubby paws on your money, you negotiate what you can repay. They have become a creditor like any other. If they're not happy with your offer of repayment, let them take you to court, and see if a judge will grant them more. Unless you have offered a ridiculous amount (£1 a month, say), they will usually accept, on the grounds that better small payments over a long time than none. Oh, and insist that interest is frozen as part of the agreement.

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Just a note of caution though - if you are in the process of reclaiming and they wish to close the account, then they can't "legally" issue a default notice.

 

If, however, you get your money back, by whatever means, and then do not pay them back the full amount of the outstanding overdraft, then I believe that they CAN default your account, even if you are paying some back in installments.

 

***Please note - this is how I understand the law relating to this issue - if anyone knows it to be wrong, please post your reply and I will alter this accordingly so as not to mislead anyone!***

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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