Oh dear i need help

[tigtig]

Hi Everyone

 

I've got major problems with natwest at the moment and i just dont know what to do. I'll start at the beginning.

 

Last Aug i started to send letters to natwest asking for my charges back, i sent the first and second letters but with no joy. At around this time i feel in deep depression and started to bury everything under the carpet because i just couldn't handle any of it.

 

Of course since then they have added more and more charges and have bounced loads and loads of cheque's. They are still bouncing cheques that i wrote last year. God i'm in such a mess.

 

My question is now i'm ready to deal with everything again what should i do. Because i sent first 2 letters in last year should i go straight to the court stage or should i send the letters again. Or do i have no hope of getting my charges back at all bacause i've been so slack.

 

Natwest has rang me and told me that the account will go to a debt collecting agency in 28 days. When i told them i was going to try and claim my bank charge back they told me i was completely disillusioned and that i was not taking any of this seriously.

 

They then told me that they would send a debt collector round to my house to collect goods. Are they trying to bully me or can they really do that.

 

Any advice would be great

 

Thanks

 

Rachel

[Guest NATTIE]

No send one letter referring to previous correspondence, and letter before action with new charges and a 7 day response time

[scott150663]

hi Rachael

 

don't get upset you will get your money back,just read lots of threads and get agood understanding of what happens,once you understand what & why things happen you will get your confidence and will be able to handle the process easily.look through the threads and you will find aletter to send to the bank explaining that you are in dispute with them,i believe they will call of the debt collectors then.keep posting what is happening there is loads of people on this site in the same or worse position as yourself. One thing i do know is be patient and follow the advise on cag and you will get your money back

SO BE STRONG WE'RE THERE FOR YOU

 

Good luck

 

Scott

[Guest NATTIE]

Sorry rachel, i read half the post so apologies, i think you need to write and say that the account is in dispute which should stop any DCA's from coming round, i believe. Good job scott, you posted or i would have missed some info. Sorry again rachel.

[hedgey06]

Hi Rachel - I think you're really brave having another go at reclaiming your charges back after you've been through such an awful time. Depression's a horrible thing to happen, especially when you're going through the wringer financially. The good thing is, you're pursuing your charges again! Do as Nattie advises and update your charges schedule and post your final letter off.

 

Keep us posted, and if you need any support, encouragement or advice, just post on this thread. There's always somebody in the forum to help.

 

Best of luck to you - Hedgey xxx

[tigtig]

Thank you so much for the encouraging words its has made me feel a lot more optimistic again. First thing tomorrow i will get typing a letter to natwest!!!

 

Rachel

[hedgey06]

Good for you Rachel - you've done nothing wrong, you're totally within your rights to claim your own cash back - so get your money!!!! Good luck - keep us posted! Hedgey xxx

[hatter]

Hi Everyone

 

I've got major problems with natwest at the moment and i just dont know what to do. I'll start at the beginning.

 

Last Aug i started to send letters to natwest asking for my charges back, i sent the first and second letters but with no joy. At around this time i feel in deep depression and started to bury everything under the carpet because i just couldn't handle any of it.

 

Of course since then they have added more and more charges and have bounced loads and loads of cheque's. They are still bouncing cheques that i wrote last year. God i'm in such a mess.

 

My question is now i'm ready to deal with everything again what should i do. Because i sent first 2 letters in last year should i go straight to the court stage or should i send the letters again. Or do i have no hope of getting my charges back at all bacause i've been so slack.

 

Natwest has rang me and told me that the account will go to a debt collecting agency in 28 days. When i told them i was going to try and claim my bank charge back they told me i was completely disillusioned and that i was not taking any of this seriously.

 

They then told me that they would send a debt collector round to my house to collect goods. Are they trying to bully me or can they really do that.

 

Any advice would be great

 

Thanks

 

Rachel

 

Yes they are trying to bully you. Yes they are trying to scare you.

 

Don't believe a word they say. They have absolutely no qualms about lying to you to scare you into paying up money that is rightfully yours.

 

Be strong. Listen to the experienced people on this forum. You might owe them a bit of money - you don't owe them your life or sanity, those belong to you and always will. You can't be put into prison for a debt. A bailiff can't stroll into your house unless he finds a door or window already open.

 

Don't believe the bullsh*t. Fight back.

[chelle400z]

I'm really sorry to hear of all the problems you had going on, but look into yourself and ask, truly, would you have felt so bad if these bullying banks had tried to help you rather than line their own pockets with your hard earned cash.

I too went through a time of burying my head in the sand, hoping things would all go away, but now, having only been on this site a few weeks, I am ready to take on the world of robbing banks and credit cards.

Best of luck, and chin up, everyone here will hold your hand through the work to be done xx

[Parkvale]

tigtig,

Loads of help and support available here. Have a quick look at this should help. Don't be worried about asking questions.Good luck. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[fendyweather]

And if you need a giggle along the way to bolster your spirits. Pop into the Bear Garden. That should perk you up enough to want to continue the fight. But read read read first....... YOU CAN DO IT. AND YOU CAN WIN...................... BE STRONG. You will get back what is yours, and the abuse of your account by the bank, will be put right. Take Care, Best of Luck............. But go for it now. No delays. Fendy xxx

[tigtig]

Hi Everyone

 

Well it looks like i'm more trouble.....

 

I'm going to try and cut a long story short if i can

 

Last September i started to try and get my charges back from natwest. But because i fell into some deep depression it all fell apart. I am now getting back on track and ready to fight again.

 

Last week i sent natwest a letter asking for the remainder of my statements so i can finish off working how much they owe me.

 

But now something has really scared me.On Friday i got a letter from Buchananclark+wells (there a debt collection agency) Asking me to phone them and make some sort of payment towards my debt with natwest.

 

If i dont respond within 72 hours then they will send someone around to my house to establish my residency and reason for non-payment.

 

What do i do, the account is in dispute as far as i'm concerned. Can anyone give me some advice on what do to next please.

 

Thank you

 

Rachel

[Parkvale]

tigtig. Send this letter to Nat West and Buchanclark.Recorded delivery.

 

 

Ask your creditors to hold action on your account.

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

April 23th 2007

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

We are writing to inform you that we are seeking advice and assistance regarding our current financial difficulties.

 

To this end, we would appreciate if you could hold any action on the above account for a period of at least 28 days.

 

Also, during this period, could you please freeze interest and/or any other charges accruing on the above account.

 

We look forward to hearing from you as soon as possible.

 

Yours faithfully

tig

__________________

Thus will give you some breathing space. You will have to work out how much Nat Wests penalty charges are.Have you got all your statements.?

If so send Nat West a prelim letter askimg for your money back. All on here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/. Keep us posted. Loads of help available here. Good luck.

[charged-case]

Visit the National Debtline website National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000, or give them a call 0808 808 4000. They have a personal budget sheet on the website that you can send to the debt collector's outlining your current situation. They will also have advice as to what to say to the collector's and template letters to keep the wolves from the door. I would'nt worry about them knocking on your door at this point.

[tigtig]

Hi

 

Thank you for all the great info again, i probably done something a bit stupid but i rang the debt collectors today just to inform them that i'm sending them a letter.

 

The women on the phone was very agressive, and when i told her that i want to claim my bank charges back, she then told me i would not win and that not many people do.!!

 

Natwest wants me to pay back £8000, but the debt collectors said they would settle for £6000!. She then said this must be paid in full within the next 7 days or they will proceed with legal action. Must admit i'm a bit shaky after talking to her. My claim for bank charges is just under £5000.

 

Are they trying to scare me or am i in deep doo doo.

 

I'm going to send them and the bank the letter suggested by parkvale.

 

She also said that even though i'm claiming for my bank charges i will still have to pay them regardless.

 

What does everyone think?

[tigtig]

Oh yes i forgot to say when i spoke to the debt collector today i told her that the account was in dispute and nothing could be done until this is over. She then got really irritated and said even though its in dispute they will still proceed with legal action and send a debt collector to my house.

 

Is she right, even though i'm disputing the account can they still come after me and proceed with legal action.

 

Thanks everyone for your support so far.

 

Rachel

[fendyweather]

Dont worry..................... they can send who the heck they like to see you but you dont have to open the door to them.............. so dont............... they cant do anything so long as the account is in dispute.............. dont take this lying down. Fight back..................... if they are aggressive tell them you will be reporting them to Ombudsman for unnecessary aggression. Take your life back. Dont be weak, stand up be strong and tell them you know your rights, whether you do or not......... ensure that they believe you do.................... thats half the battle......... Just do the letters as youve been advised on here and until the dispute is sorted they cant do anything other than threaten, and in future dont contact them by phone, send them letters, then you have proof of what youve said and when youve said it, i.e. account is in dispute and remember to communicate only by recorded delivery.............. get this thing under way and dont delay............ and tell them you refuse to be intimidated by them and unless they stop the aggression you will report them to the financial ombudsman.......... TAKE YOUR LIFE BACK......... All the best. Fendy xxxxxxxxxxxxxxx

[tigtig]

Thank you Fendy, i've sent you a PM!!

 

Just incase the DCA want to pursue me some more can anyone point me in the right direction of a letter that says something along the lines of "the account is in dispute so there nothing that can be done at the moment" type of letter. If that makes sence!!!

 

Thank you everyone

 

Rachel

[fendyweather]

Yes there is a letter somewhere, I will have a look see if I can find it. But it doesnt have to be anything fancy. Just a basic letter saying you are aware of your rights, etc. etc. and that whilst the account is in dispute, they are unable to enforce any unwanted visits etc. on you. Put you have every intention of dealing with you responsibilities but that once the dispute has been sorted out, you will then get back to them to arrange, payment arrangement for any outstanding monies that the dispute claim does not make. Do not let them in your house and do not invite them in, ever............... You merely shout at that through the door, if they turn up, that the account is in dispute and thus, you will not be dealing with them until the dispute has been sorted out............. be strong.......... know your rights, and do have a look at the links that have been posted above and also on the general debt forum, it has lots of useful information about where you stand and your rights etc. Best of luck.

 

Here try looking in here to see if the letter you need about account being in dispute is in here somewhere........... all the best........ you will be fine......... just send everything to bank or DCA by recorded delivery than you have proof that they have received it and thus cannot bother you anymore until the dispute is sorted out. And copy anything to the DCA also to the bank with whom your debt is with, and always keep a copy for yourself. Fendy xxx

 

http://www.consumeractiongroup.co.uk/forum/general-debt/

[cyberbabeuk]

Hi Rachel, I had the same kind of problem a few months back. I sent them this letter and they passed the debt back to Natwest very fast.. Heard nothing else since!

Regards, Lisa

 

Dear Sir/Madame, Account ref: ********/**

 

I am writing to you following a telephone conversation on the **/**/2007 regarding the outstanding amount of £***.**. I informed your operator that the amount owing on this account is now in dispute due to the recent events that have come to light with bank charges. The amount outstanding is made up of unlawful charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.I believe that these charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.

Please be aware that this just does not relate to credit card companies but to any organisation that levies disproportionately high charges for late payment, overdrawn or returned payments.

 

It concerns me that after informing your operator that the whole amount is in dispute you are refusing to freeze any action or pass this account back to your client National Westminster Bank.

I will inform you now that the only form of communication I want from you must be done in writing and I will reply in writing. If you fail to adhere to my request then I will take it as an act of defiance and pursue this matter under the Administration of Justice Act 1970. I must make you aware that I believe you are already in breach of The Office of Fair Trading Code of Guidance in which it states:

PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE

This includes: Ignoring disputes about whether you owe the money

Refusing to freeze action if you dispute the debt. It is also against OFT regulations for a debt collector to attempt to collect anything in dispute so they must refer the debt back to the original creditor or any further action halted.

Just for your information I will not be making any payments to yourself until after the dispute is resolved.

I hope to receive your full co-operation in this matter and I look forward to reading your written reply.

[hedgey06]

Hi Rachel, I can't find a letter anywhere (I'm probably looking in the wrong places) but if you have a look through the threads in this forum http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/ you may find some helpful information in here. Fendy's right though.............. stay strong, know your rights, don't let them bully you and stand your ground. Best wishes, hedgey xxx

[tigtig]

Wow cyberbabe what a great letter, thank you for that. I can send that off to them and take some of the worry out of it all.

 

I'm off to Cyprus on the 5th May to get married on the 22nd and i'm not back until the 27th. Just want to go away get married and put this in the back of my head until i get back. With this letter it might just keep them busy for 3-4 weeks so i can carry on the good fight when i get back.

 

Thank you everyone

 

Rachel

[fendyweather]

OMG getting married. Noooooooooooooooooooo dont do it. Run while you can.

 

Lol Lol Lol Lol xxxxxxxxxxxx

 

Sincerely, best wishes. Fendy xxxxxxxxxxxxxxxx

[tigtig]

Thank you Fendy, Mmmmmm run away now there's an idea !! lol No i could'nt do it to him,!!!!!!

[cyberbabeuk]

Your very welcome.. I hope it helps

Congratulations on your wedding.. Have fun!

 

Regards, Lisa