Would you pay up your debt so NO default could be given and then claim?

[millymollymoo]

I'll say it just once more - for the fourth time, just to be CLEAR. It is FAR EASIER, if you have the means, to AVOID the default in the first place than to try to get it removed; they are EXTREMELY DIFFICULT to remove.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/61556-would-you-pay-up.html#post519853

 

 

Thats what we thought as I said earlier O/H has one thats near the end now and he doesnt want another one and we are fortunate enough to settle the debt as it is growing and growing.

 

Sorry about earlier.

 

Milly

[Movingon]

No worries

[millymollymoo]

Sorry again .. Im off to bed now as I have to get up in 5 hours for work!!!!

 

Milly X:)

[blueskies]

Milly, this is a bit more complicated than your standard claim. You cannot claim contractual interest from the date the charges were made on the account as, at that point, you hadn't paid them and were therefore not out of pocket for that period. You can, however reclaim the charges and any interest they charged you on those charges to put you back to the position where you would have been had the charges not been applied.

 

The bank CANNOT register a default on an account which is in dispute so you need to write to them immediately stating that, as the account is in dispute, any default applied in relation to it would be unlawful.

 

Stonelaughter is correct in stating the Theft Act does not come into play here as it is a civil debt issue not a criminal issue.

 

When I have got my thinking head on I will come back and give advice re: what to do next.

 

Steve

[millymollymoo]

Hi blueskies, yes I understand what your saying on charges not paid an that makes sense.

 

I will have to get O/H to seperate the claims then, the reason being that 40% of the claim is charges paid back using O/H's money, when he used the account regularly at the time. (This brings me back to my original question on the contractual Interest thread.)When I asked if I should seperate the claims, as I did not think that contractual Interest applied then on money not paid, so thanks for your reply:) as it is what I first thought then.

 

I understand how to do two seperate spreadies for the charges that were paid with CI added and to then do a spready just claiming the charges and O/D interest on charges that were not paid. Would it be possible then to add the two together, obviously seperated on prelim or should I get O/H to do seperate claims(the latter not preferable!) However if it complicates the issue then he will!!

 

Milly X

[rbrears]

I agree with Stone - pay it off. In the letter you send them enclosing the cheque say you are paying without prejudice to your right, should you choose, to challenge the charges that have been applied to the account.

 

No problem with you paying to avoid the default and then pursuing the charges.

[millymollymoo]

Blue skies, one other thing that confuses me is (and I do agree with what you have said as it doesnt seem right claiming CI on unpaid charges)

Is take alook at this thread and they got paid out with CI on unpaid charges.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/32743-2nd-claim-natwest-contract.html

 

This is why I initially asked on the thread whyis noone claiming contractual interest thread. I think alot of people are confused and are claiming it regardless of whether they have paid or not paid:confused:

 

I am claiming on two other claims, ones mine and thats goldfish, paid off fully last Febuary 2006 and closed, so this is legit. Also, my O/H is claiming from Capital One on his open account that has had the full balances including all charges paid twice since he has opened his account, so therefore both have had use of our money.

 

Milly X:)

[millymollymoo]

I agree with Stone - pay it off. In the letter you send them enclosing the cheque say you are paying without prejudice to your right, should you choose, to challenge the charges that have been applied to the account.

 

No problem with you paying to avoid the default and then pursuing the charges.

 

Hi thankyou for your help with this:) . me and O/H are worried about a default again, they seriously impair your credit as O/H has foun out!!!

 

The dilemma now is claiming contractual interest though:confused:

 

Milly X:-)

 

P.S Do not think I am ignoring you, I have to make dinnerfor O/H who's due home!!! Will catch up later!!!!

[steven4064]

Surely, once you are overdrawn, they add interest at the contractual rate. So every charge they they put on your account attracts interest at the contractual rate. Therefore, if you claim charges back, you should also claim the interest on those charges at the contractual rate. If you don't, when you win and they pay back the charges, your account will still be overdrawn to the tune of the interest they have added.

[Movingon]

wrote bullshine. deleted bullshine. went to bed.

[millymollymoo]

Surely, once you are overdrawn, they add interest at the contractual rate. So every charge they they put on your account attracts interest at the contractual rate. Therefore, if you claim charges back, you should also claim the interest on those charges at the contractual rate. If you don't, when you win and they pay back the charges, your account will still be overdrawn to the tune of the interest they have added.

 

 

yes I agree with you here as the interest on O/H,s account is PURELY interest from the penalties. So if he decides to do a simple claim,I would then adapt this in particular to claim ALL CHARGES and All INTEREST on the spreadsheet under penalty charge column i.e Simple spreadsheet that calculates no other interest. Otherwise he would lose out and we totally agree with what you say.

 

Also, O/H agrees that whether he goes down the other route and claims CI and does not take on board other opinions given on not being able to claim CI on the lot, then he has too take the chance of them taking him to court then he will have to except that he may lose the lot if a judge thinks he is wrong.

 

However he said if he does choose this route,to stop that possibly happening, he will NOT be accepting no part payment of full charges as this will leave them fighting just the interest, so by not accepting it,then it becomes them having to disclose their charges, which so far they have not done.

 

There are several other members I know who have claimed CI on UNPAID claims and won because the bank ,NWest will not disclose their charges to the court.

 

However, it has to be accepted that this may happen eventually anyway and everyone will lose one way or another then.

 

The default was the main worry as this is what NW do once the claim gets started.

 

these are just our thoughts and we appreciate hearing all arguments on this matter.

 

MillyX:)

[Guest Battleaxe]

If you have the means pay the debt off then claim.

 

if you don't have the means to pay it off then claim and then repay the debt fully.

 

They have made money out of what you have paid, they have charged others contractual rates for borrowing the money you have paid to repay the debt, so in the concord of mutuality claim it back.

 

Just my opinion and the morality lies with yourself.

[natwesttookmymoney]

What a strange and remarkable thread!

 

Milly, the best advice you have received so far is from Steven4064: he made th position very clear, in post 34.

 

Get your O/H up and running: he is LESS likely to get a default if the account is clearly in dispute - so the sooner legal action is issued, the better.

 

Why on earth anyone suggests he should pay off teh debt first I really cannot understand. It's as if a bloke knocked on your front door, TOLD YOU he was going to rob you. YOu say 'oh, do come in and help yourself. But I have to warn you - if you steal anything in here, I shall send you a stiff letter demanding my property back. And, if you don't comply immediately, well, I might even take you to court. After I've asked my friends'.

 

What nonsense! Why should you pay them something they're not entitled to? Stevens is right - claim the charges and contractual interest, or you'll be left with a debt, made up of interest on charges you weren't liable to in the first place.

 

It's the charges that are immoral, not your actions - go ahead.

 

Westy

[millymollymoo]

Hi westy:)

 

I am giggling at your reply:It's as if a bloke knocked on your front door, TOLD YOU he was going to rob you. YOu say 'oh, do come in and help yourself. But I have to warn you - if you steal anything in here, I shall send you a stiff letter demanding my property back.

 

 

 

It was just the default, that they will register as I have read about them doing to others,that worried us both as in terms of them ruining his credit report for another six yers as he has one finishing with Goldfish in 6 months.

 

 

Milly X:)

 

 

Milly X

[millymollymoo]

If you have the means pay the debt off then claim.

 

if you don't have the means to pay it off then claim and then repay the debt fully.

 

They have made money out of what you have paid, they have charged others contractual rates for borrowing the money you have paid to repay the debt, so in the concord of mutuality claim it back.

 

Just my opinion and the morality lies with yourself.

 

 

battleaxe thanks for your reply:-)

 

Yes the ony reason O/H thought about this and it is strange I suppose is because of the threat of them retaliating with a default.

 

 

Milly X:)

[steven4064]

Westy, Amen brother!

 

(Incidentally, why does your signature appear when mine won't?)

[steven4064]

(or sister? - oops)

[bill-k]

Westy, Amen brother!

 

(Incidentally, why does your signature appear when mine won't?)

I think sigs now only appear on longer posts, steven. Westy always has plenty to say !!!!

[natwesttookmymoney]

How...ahem....very perceptive of you, Bill.

Easy to spot, though - it says at the bottom of my sig that I'm a bigmouth!

 

W

 

(note, no signature, Steven!)

(And brother is correct. Last time I checked. I'm considering running for Pope, next time there's a vacancy)

[steven4064]

bill-k

 

Does that mean the site actually encourages longer posts?

[bill-k]

bill-k

 

Does that mean the site actually encourages longer posts?

Seems strange logic, dunnit ? I think it's to economise on threadspace when there is just a quickie 2-liner acknowledgement, as so often is posted. E.g., this one, I suppose ?

[millymollymoo]

you cheeky lot ....a cup of tea and everthing will be alright and they say us girls/ladies as I am:D have nothing better to talk about. Anywayz off to bed shortly;)

 

Milly X:D

[bill-k]

Well - we stayed off cars that time, Milly !! Sorry about that !!

[millymollymoo]

Here I was joking:lol:

 

 

lots of love Milly XXXXXXXXXXXXXXXXX

[bill-k]

:grin: