Natwest loan - claiming charges & PPI when on DMP

[Big Shoooz]

Hi! I am in a DMP with Payplan with credit card and bank debts going back some years.

 

I believe it is now possible to claim back unfair excessive charges from credit card companies

but can this still be done when those creditors are in a DMP?

(For one, they may wonder how I can afford a £10 fee for a SAR).

 

One of my DMP creditors is Natwest (bank loan, overdraft and credit card).

Could I try to claim unfair charges for all 3?

 

Also, what's best to do, SAR or CCA?

an I do these without involving Payplan?

 

Sorry for so many questions but I'm just learning about this process

and I find it confusing so any foolproof answers will be greatly appreciated!

 

If I can wipe off some of the old charges that will at least reduce the overall amount I owe.

[firstship]

Shoooz.Hi,Because you are on a DMP it does not stop you from claiming back unfair charges or PPI,it will reduce your debt .

 

Your point about the £10,this is not a problem you should under your DMP be allowed a small amount of spending money.

 

Yes from Natwest you can claim for all 3.

 

I am reading between the lines am I correct that you do not have all the statements for each debt?If not then a SAR will provide all this info,statements and all data for each account along with agreements/application forms T&Cs as long as you ask for them.

 

Have Payplan arranged 0% interest with your creditors or some of them?

 

Regards FS

[Big Shoooz]

Hi FirstShip, correct I do not have all the statements.

 

Payplan have negotiated frozen interest but whenever I fall behind with payments, the creditors always threaten to charge interest.

 

I'm currently suffering real hardship as I have had to give my job up due to health problems.

 

At the moment I have NO INCOME!

 

I am waiting to hear if I can get any benefits so I have informed Payplan of my situation

and they have even agreed to accept further debts which I stupidly incurred (catalogues, bank and payday loans..

...none of whom are yet freezing charges).

[firstship]

Shoooz. I very much hope you are able to obtain benefits in your current situation.

 

Payplan seem very much to be on your side which is good.Have they informed your creditors of your Hardship situation?

 

To save money write to your creditors and ask them for statements,from the start of the account to the present day, they may well co-operate without you having to pay any fee.You need these statements to assess the extent of the charges and the existence of PPI.

 

Regards FS

[Big Shoooz]

Thanks for your advice Firstship.

Yes Payplan are very helpful and understanding. They haven't informed my creditors but have told me I can do so if I wish.

Should I still write to my creditors requesting statements by using the same wording as a SAR.

[firstship]

Shoooz.Write to your creditors explain your hardship,send the SAR letter without the fee,this will confirm your hardship situation,even further.

 

regards FS

[Big Shoooz]

Ok I will do that thanks.

 

Can I also send a SAR to the catalogue company or is it just credit cards and banks?

 

Is there a template letter on this site or should I just 'use my loaf' and also, is there a template letter for making £1 token monthly payments because if I do receive benefits, I would expect £1 will be the most I can pay each creditor.

 

Also, I send the letters directly to each creditor don't I and not the DCA?

[The GodMother]

u can send a SAR to everyone u owe money to. i hvae sent them to catalogues, credit cards and a loan company who put the ex tenants debt in my name:)

[firstship]

Shoooz Hi..there is a hardship letter,however when you get onto benefits,just send the letter and pay the £1 per month to each creditor,it is important that you pay the money on a regular basis,then if the creditor is stupid enough to take you to court the judge will be displeased with them for wasting his time and award them £1 a month,in most cases the court situation will not arise.

 

As Godmother has stated you can SAR all creditors,as I said earlier just send the SAR request with details of your inability to pay,and do not pay them any SAR fee,most creditors will comply,most there will always be a difficult sod,not to worry see how it works out first,

 

Yes send the SAR to the OC unless the DCA owns the debt

 

regards FS

[Big Shoooz]

Hi FS, should I send the SAR before I offer £1 token payments?

 

I've read in another post on this site that it's a good idea to send a CCA and SAR at the same time.

 

Is it best to sign my requests as "Minnie Mouse" or "Betty Boo" or something ridiculous or just my usual signature with crosses through it?

 

Also, when I offer token payments are my creditors entitled to see my I&E?

 

Thankyou

[firstship]

Shoooz.send the SAR then fix a date that is OK with you and pay your creditors £1 per month and stick to that payment each month,they will probably leap up and down,however as long as you have made them aware of your hardship they will not get to far,

 

In most cases the info you get from a CCA will be produced in a SAR although the odd difficult sod will with hold the agreement.

 

Signature just sign it put a line through the signature or just print it,again it may produce a letter saying no signature cannot produce the info,we can get round this if it happens

 

It will be good in this case to send an I&E,there is a good download on this site or use the CCCS version

 

regards FS

[Big Shoooz]

Ok FS thanks i will just send the SAR.

 

For the I&E, I can just send a summary can,t I (eg, total income xx total outgoings xx)?

 

As far as the Natwest debts are concerned, can I only SAR for the credit card and loan but not the overdraft?

 

Sorry for so many questions, I just want to get this right from the start....I don't want to trip myself up!

[The GodMother]

You do not need to sign the letter a printed name is fine.

Also FS is wrong in where to send the SAR to. U need to send it to the OC to see any charges they have put on it and then another one to the DCA or who ever holds the account currently. Also if it has changed hands several times to those who have previously held it as they may have added charges which can be reclaimed.

 

DCAs or who ever holds the account now are only obligated to give u information from when they took the account to present day they will even tell u they can not provide information in regards to anything later back than that or when it was held buy other people

[The GodMother]

Yes u can SAR for the overdraft.

But dont expect to get much back except charges. Also if the Overdraft is linked to a bank account then u may get that info. To be certain put ALL the account numbers on the letter than they will have to send u EVERYTHING they hold on u.

[Big Shoooz]

Hi Godmother, yes the overdraft is linked to a bank account so I will SAR Natwest for overdraft, current account, personal loan and credit card and see what happens.

 

Can you please answer my question above about the I&E......does it have to be detailed or just a summary. I'm still doubtful about sending one with my SARs though as my creditors don't legally have a right to this info do they?

[firstship]

Shoooz if you want to make your hardship details work you will need to send an I&E to each creditor remembering to also list what you are paying each creditor.You are correct in practice only a court can order that you produce an I&E,but as you are seeking their help i would suggest you try to helpful as well.Send this along with your £1 payment to the customer services,your SAR needs to be addressed to the Data Control dept as a separate letter

 

Godmother is correct in as much that a SAR needs to go to OC as well as the DCA.missed that out,am I correct there is only one DCA involved,with one of the debts ,if so who is it?

 

regards FS

[Big Shoooz]

There are a couple of debts under DCAs. They are Intrum Justica, Moorcroft, Wescot and Red.

[firstship]

Shoooz,nice selection of our friendly DCAs.

 

As godmother said SAR OCs first,most of the charges will be with them

 

good luck FS

[The GodMother]

Oh a lovely bunch of DCAs all have been delt with by me. One of them Reds is still demanding money from the previous tenants of my address despite knowning they dont live here. They even sent a collector to my door and as result they accused me of being bloody old

 

Anyways l would advise you send the letter immediately. In writing advise the people who are asking for money that you are waiting for SAR info from the OCs and until you have that info you cannot properly assess you money and accounts and offer a reasonable amount of payment. you will get back to them when you have the required information from the Ocs.

[Big Shoooz]

Can you good people please clarify exactly what can and what cannot be reclaimed from a bank these days as I am so confused?

 

Please confirm if any of the following are eligible for reclaiming:-

 

1. Personal loan PPI

2. Charges for going over current account overdraft limit

3. Overdraft usage charges

4. Charges for declined direct debits (where there were not enough funds in the account to pay a direct debit)

 

If there is anything else I have forgotten which CAN be reclaimed, please confirm.

 

Also, I am aware that credit card charges are still eligible for reclaiming, so if any of the above can be reclaimed and they are through a bank which I also had a credit card with (ie, Natwest), can I send one SAR to the same company even though their contact address is different?

[dx100uk]

Can you good people please clarify exactly what can and what cannot be reclaimed from a bank these days as I am so confused?

 

Please confirm if any of the following are eligible for reclaiming:-

 

1. Personal loan PPI - yes

2. Charges for going over current account overdraft limit - poss only under hardship

3. Overdraft usage charges - poss only under hardship

4. Charges for declined direct debits (where there were not enough funds in the account to pay a direct debit) - - poss only under hardship

 

If there is anything else I have forgotten which CAN be reclaimed, please confirm.

 

Also, I am aware that credit card charges are still eligible for reclaiming, so if any of the above can be reclaimed and they are through a bank which I also had a credit card with (ie, Natwest), can I send one SAR to the same company even though their contact address is different?

 

their CC might well be a diff 'wing'

 

try one - suck it and see

 

dx

[Big Shoooz]

Ok thanks DX. I suppose if I send one SAR for all accounts it won't harm as at least I will get something back.

 

Does the hardship rule apply for closed accounts too?

[dx100uk]

i said nothing about a 'ruling' as such

 

as for the closed accounts, again, 'hardship' is hardship, if anything can be done, it's worth asking.

 

p'haps a quick look around using the advanced search top right might answer a few of your questions.......

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?253-Hardship-applications

 

dx

[Big Shoooz]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?253-Hardship-applications

 

dx

 

Thanks Dx, lots for me to read up on there!!