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SilkySmooth vs NatWest * 3 (Advice Needed)


SilkySmooth
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Hey,

 

I started 3 claims against NatWest on the 3rd of October, as I had all my statements etc I was able to move straight to the Prelim Letters and got them posted off recorded delivery. I am seperating these claims as one is a personal account and the other 2 are business accounts not related to each other.

 

I received a single response from NatWest on 10th of Oct telling me that they dont feel they are my fiduciary, they don't agree with my claim and basically I won't get anything.

 

So fine, I have set aside this weekend to write up the three LBA and get them sent out first thing monday morning. So far so good on that score, I am comfortable with the process and wasn't expecting them to make me an offer as my credit with them has not been great over the past 6 months.

 

Now, this morning I received two letters from Wescot Credit Services dated the 12th of Oct informing me that I have 14 days to make payment arrangements on the debts which relate to 2 of the accounts I am claiming against.

 

I thought that the banks were not permitted to do this if a complaint is outstanding on the account? Should I call Wescot and explain that I have complaints in progress on both of these accounts? Or should I just contact them and make payment arrangements such as a direct debit etc to keep them off my back until I get NatWest to the court stage and win my money back.

 

The total of my three claims will easily cover the 2 debts which Wescot are claiming from me on behalf of NatWest.

 

Thanks for any advice.

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- SilkySmooth -

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you can contact wescot and tell them the debt is in dispute or a letter to that nature, asking them to contact the original creditor.

 

btw, you can make one claim for the 3 accounts

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Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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From my understanding you are right in the fact that they are not able to reclaim any debt until any complaint against that debt is resolved. If I were you I would call Wescot like you said and explain the matter, at least that way there will be no comeback on you.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 1 month later...

Hi,

 

Well I sent a letter to Wescot and received no reply, I have now had a letter from Nelson Guest & Partners who are acting on behalf of WCS who are acting on behalf of NatWest....

"We are instructed by WCS on behalf of Natwest, in connection with the sum outstandingshown above.

Unless payment is made to WCS within 7 days , legal action for the recovery thereof may be commenced without further notice.

 

In the event of Judgment being obtained, we shall seek all fixed costs and fees together with statutory interest on the outstanding balance."

 

So basically they ignored me.

 

What should I do now, write to the solicitors and explain to them that the account is in dispute?

---------------

- SilkySmooth -

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I would send a copy of your letter to Wescot, with a covering letter explaining you in dispute with the bank over the matter of erroneously applied charges, and once this issue is resolved you will be in a position to propose a repayment plan.

 

Recorded delivery.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Thanks for coming back to me, I have typed up a letter below which I plan to send to both the Solicitors and Wescot... would you mind having a read through and let me know if there is anything I should add / change?

 

* Notes in brackets will be edited according to whether the letter goes to the Solicitor or Wescot".

 

"In reply to your recent letter regarding the account above. (As I have previously informed your client Wescot/ As I have previously informed you) this account is currently subject to a dispute with the original creditor NatWest. Northampton County Court Claim: (MoneyClaim Ref Num).

 

 

I have been advised that whilst this account remains under dispute no claim against the debt may be made until the dispute has been resolved. It is my understanding that in such cases I am to refer you back to NatWest for confirmation that the account is under dispute.

 

 

As I have also previously stated in letters (to Wescot/ to you), when this dispute has been resolved I will be in a position to enter into a repayment plan which is acceptable to both parties."

 

Does that look Ok?

 

Thanks

---------------

- SilkySmooth -

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