Debt Collectors Letter

[nathorsburgh]

Hi all. I am in the process of claiming money back from nationwide and have recently received a letter refusing to refund charges in response to my letter before action. I am extremely annoyed with nationwide because i am £200 overdrawn currently and it is all due to one direct debit. i have not really used my account in a long time, it has been sat with a nil balance. However, I was fined about a year ago for a transaction I paid by switch. I was under the impression that I had a £50.00 overdraft facility. Unknown to me, it had been withdrawn due to account inactivity. Unaware of this, I did not check my account straight away and see a fine had been charged to my account. I have since been fined every month for fines upon fines and am now £200 over drawn and livid! I have now been sent a letter from a debt collecting agency 'Roxburghe' asking me to pay back the money immediately. It says i have 'failed to respond in a satisfactory manner to all previous attempts at resolving this debt'... I am unaware of any attempts of Nationwide attempting to resolve this matter. This is very worrying. I cannot really afford to settle the money at the moment and do not know what to do. Shall i now continue with starting my claim against the nationwide?Any advice would be much appreciated, many thanks!

[nathal]

continue with the claim.

contact the dca and arrang a £1 per month payment for meantime

[nathorsburgh]

Many thanks! I am going to keep going with this, thanks for all your help and advice!

[nathal]

is your claim made up of charges plus to include your overdraft

 

you cannot claim for charges until you have paid them

[nathorsburgh]

my claim is made up of unauthorised overdraft charges which have been making my account overdrawn for quite some time. I have just this second submitted my claim form online with moneyclaim. should i cancel it before the 10am deadline?! I am panicking now!

[nathal]

the penalty fees have to be paid before been claimed back, so you can either pay them before court or

amend claim with this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[nathorsburgh]

I would rather avoid paying them before court. Am i able to therefore proceed with my claim by submitting the amendments form you have sent me? Do I just state that I have not yet paid these charges and wish to have them levied from my account?

[nathal]

it is an amendment form which costs £35 to amend the claim, usually to add new fees that were charged but you can use it to take of some fees

 

if its possible to cancel mcol application and get money back , it would save you 35pound

[nathorsburgh]

ok. I will try and cancel the application now. I will then have to arrange payment of my charges to get a nil balance. once i have credited my acount with the neccessary £200 or so, can i then proceed with my claim straight away?

[gizmo111]

the penalty fees have to be paid before been claimed back, so you can either pay them before court or

amend claim with this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

I don'tthink that is quite right a lot of people are claiming back cahrges that make up an overdraft or credit card balance and using the refund to reduce their debt.

[nathorsburgh]

What are the risks I if do not cancel my claim and take my chance? Will I then have to pay the court charges and lose my case? I was not aware I had to settle the charges, I thought that as they had been charged to my account it was irrelevant if they were 'paid' by a credit to the account or whether they incurred an unauthorised overdraft. I am confused now!

[nathal]

they are only entries on a statement if not paid, the implication are that the case could be struck out

[gizmo111]

they are only entries on a statement if not paid, the implication are that the case could be struck out

 

They are still part of a debt which would be reduced significantly if they weren't there on teh statments in the first place - you are still liable for the charge at some point and being charged interest on it daily. Has anyone actually had a case struck out on this basis?

[callumsgran]

the penalty fees have to be paid before been claimed back, so you can either pay them before court or

amend claim with this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

Sorry nathal but you are wrong, you most certainly do not have to pay your overdraft off before claiming

[dolly]

As Cillit said, no, you don't have to pay an overdraft back first. If you read my thread where I won I was -£827 ish from unfair fees from an original 27p overdrawn and I certainly had no trouble getting them back.

[nathorsburgh]

Thank you for all your help, it is much appreciated and very reassuring to a whittler like me! I have left my claim and have my fingers crossed! Good luck to you all with your cases