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Natwest has issued summons for old debt comprising solely of Bank Charges - Help!!


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Hi all,

 

I'm not sure were to go on this. Received a summons yesterday from Natwest for over 7k for an overdraft debt which defaulted in 2001.

 

I was charged in excess of 7k in charges in the 1990's so I don't believe I owe it. Add to this interest they probably owe me.

 

What is my next step? I guess it is to ask for a copy of all statements and information they hold on me. Is there a template (other than the 6 year one) which will ask for this.

 

Really appreciate anybodies help.

 

Stebiz

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Natwest have issued a summons against me for an old overdraft which expired in 2001. The sum is in excess of £7,200

 

I will be issuing a defence that during the 1990's they added unlwaful charges which made up this debt. I therefore dispute it in full. I am therefore sending them the letter below because I believe my charges actually came to more than this amount and I need to know the exact amount.

 

The only problem I have is that because I now have a summons from Natwest I have a maximum 28 days to issue a defence. If I don't then judgement will go against me. However until I get my statements I won't be able to put my defence (and counterclaim) because I don't know the exact figure?? Any advice??

 

Cheers

Stebiz

 

Template letter removed from open forum.

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Bump for a mod/Nattie? Soz stebiz, not sure about this one. xx :confused:

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I'm not sure about this either :confused:

 

My first thoughts are to ask for an extension for the full 28 days to give me some chance of getting full SAR info back from Natwest.

 

If I haven't by then to put in a defence asking for it to be stayed for a further 14 days - my defence being that I am awaiting defence information. By this time Natwest will have had the full 40 days to provde information required.

 

Once I have this information I can calculate the exact figure that they owe me and issue a counter claim.

 

Does this seem okay??

 

Stebiz

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stebiz,

Play them at their own game as the debt is over 6 years old send them the following;

Dispute your liability for a debt where a creditor has not contacted you for over six years

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

_________________

That should make them stand up. Then start your counter claim for your charges using the cocealment arguement in the 1980 limitations act.

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882. Loads of help available on here. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I am no expert on the more than 6 years claims, but there are threads on this forum regarding claiming back more than 6 years which you need to see if you have not already done so.

 

If it were me the first thing I would do is to quickly respond to bank/the summons in writing by saying that you do not agree with the alleged debt because the bank has taken unfair and unlawful charges from your account and that it is your intention to reclaim the charges. This then gives you some breathing space to obtain the info that you need to make a claim and also flags up to any judge that the matter is in dispute. It might also make the bank stop in their tracks in respect of the alleged debt recovery as the last thing they will want is to have to defend a counterclaim from you for repayment of bank charges in court.

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it sounds like you should get proper legal advice on this one, but it would be a good idea to ask for an itemised breakdown of the amount they are claiming from you and then issue a counter claim for the amount of charges that they have levied against you

best of luck BB

:mad:LF53
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Hi all,

 

I'm not sure were to go on this. Received a summons yesterday from Natwest for over 7k for an overdraft debt which defaulted in 2001.

 

I was charged in excess of 7k in charges in the 1990's so I don't believe I owe it. Add to this interest they probably owe me.

 

What is my next step? I guess it is to ask for a copy of all statements and information they hold on me. Is there a template (other than the 6 year one) which will ask for this.

 

Really appreciate anybodies help.

 

Stebiz

 

If you do take previous posters' advice and get legal advice then I strongly suggest that you contact a law centre with experience in dealing with bank charge claims (or alternatively other poverty related issues), they may not be able to help you themselves (for example you might live outwith their catchement area) however they will be the best people to point you in the right direction (no conflicts of interests etc).

 

If you live in Scotland then I suggest you make contact with the Govan Law Centre who, as far as I am aware, are probably the most experienced lawyers in Scotland with regard to reclaiming bank charges.

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Calculator's advice looks ok to me....not sure why you would need to be taking legal advice - this is really a case of you claiming back those charges, and we all know how to go about that on here!

IMHO I'd go ahead with the "do not acknowledge the debt" letter, saying the debt is now "in dispute" and SAR them right away.

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I'm actually getting quite concerned about this. I only have 21 days left to issue a defence and yet I have to wait 34 days (out of 40) to receive my SAR request.

 

Is there a correct way to deal with this?

 

Stebiz

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Unfortunately 40 days is the time allowed by the information commisioner to answer your request. Idon't know if this is any good. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

Hi All,

 

Just a quickie.

 

I sent a request to Natwest asking for a SAR, and enclosing £10 cheque.

 

About 10 days later I received a letter enclosing my £10 and saying it was only £5. This might save some a delay.

 

Oh yes and they requested sortcode. Could not find my account otherwise, even though they had name, address and account no.

 

Regards

Stebiz

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  • 1 month later...

The 40 days have passed and still not received the S.A.R - (Subject Access Request). I have explained this in my defence but am unable to issue a counterclaim because I don't know the exact figure.

 

I am now awaiting the court to issue an allocation questionnaire. I have read on here before that I can confirm my intentions to counterclaim on this form - and that it is due to NatWest not providing the information (as required by law) that I have not done so already.

 

Is this correct??

 

Regards

Stebiz

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A furher update. I have received acknowledgement of my defence by the court. However as this is 'joint' claim with my wife, she has yet to receive confirmation of her defence, even though she entered it nearly 10 days ago on the moneyclaim site. On phoning the court they say they have not received it - even though it shows online and I have a screen shot of it. Would it be wise for her issue another defence on paper this time??

 

Cheers

Stebiz

 

ps Still no SAR. I'm really not sure what the court will make of this. How on earth can you say 'You owe me £x' but not say how you came about this figure or even show proof.

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I am confused here. Your wife has done a seperate claim on MCOL. Not on the same account i presume ? She will have paid a court fee for this and if it is showing that you

have lodged a claim . Therre should be no problem. Are the court actually saying that they have not received an acknowledgement from Nat West, because 10 days is to early. How have you worked your charges out if you are waiting for your SAR to be answered ? I think there are a few points that need to be clarified here. Make no mistake if Cobbetts see any chink in your armour they will apply to have your claim/claims struck out.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I am confused here. Your wife has done a seperate claim on MCOL. Not on the same account i presume ? She will have paid a court fee for this and if it is showing that you

have lodged a claim . Therre should be no problem. Are the court actually saying that they have not received an acknowledgement from Nat West, because 10 days is to early. How have you worked your charges out if you are waiting for your S.A.R - (Subject Access Request) to be answered ? I think there are a few points that need to be clarified here. Make no mistake if Cobbetts see any chink in your armour they will apply to have your claim/claims struck out.

 

Sorry just to clarify. Natwest have sued BOTH of us. Joint Account. We received two separate summons and we both issued a separate defence. I did mine by way of a paper defence. My wife did it on line.

 

I have received a letter from the court confirming receipt of my defence. My wife has not received confirmation - do you receive one for online defences??

 

In relation to a counter claim I have been in no position to issue one yet because they have not adhered to my SAR - which is well overdue. Am I making sense??

 

Regards

Stebiz

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  • 3 weeks later...

I've been with Natwest since the late 1980's and have had a current account (which is now in dispute). I have recently sent the SAR fee and requested a full SAR.

 

Yesterday I received brief details of my account since 2001. No statements or Consumer Credit Agreements (if they exist for my overdraft).

 

What is the next stage? They are actually taking me to court because I will not pay an overdraft which I believe is made up entirely of charges.

They haven't provided any information in relation to CCA or charges pre 2001.

 

Cheers

Stebiz

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  • 2 weeks later...

I have just received a Notice of Hearing of Application to have a CCJ set aside. The reason being I received no claim form originally. I still have never received any information at all.

 

I have just had a hearing set for next week. I am on my hols. Can I re-arrange date? Ask for hearing to to heard in my absence? Speak on phone.

 

I mean other than say at court 'I did not receive claim - which was only a month or so agao - what else can they do? Is a hearing really necessary??

 

Stebiz

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Ring the court and tell them the problem - they are usually sympathetic

Steven

 

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Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 2 weeks later...

I seem to have merged another ongoing court case with my Natwest one - so for the purpose of this thread please ignore the last few posts.

 

I have now received 3 separate and different SAR's from Natwest. This clearly shows that the account in question is made up entirely of bank charges. I have completed a brief defence saying so, along with a copy of an allocation questionnaire explaining that due to Natwest taking so long to provide the required info. I have been unable to give full information and it will be provided to both the court and Natwest in the next 7 days. I'm personally wondering what Natwest will do next..........will they pay up?? Will they continue with the court action?? In this instance it is them taking me to court so it is down to them. I have also explained in my allocation questionnaire that I withold the right to issue a counterclaim.

 

Stebiz

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