Lawrence V Natwest

[Caz1974]

This is quite complicated and is for my hubby so I'll try and stick to the facts and keep it brief - any advice would be greatly appreciated:)

Last year my hubby decided to take on Natwest by using the moneyclaim website ( we didn't know this site existed at the time and the advice on the other one was very vague but showed you some of the basics).

Anyhow he added is charges up using their spreadsheet and included ,advantage gold fees (which we now realise aren't claimable )interest and almost everything that you can think of Lol.

Somehow rather miraculously Natwest offered him a settlement £600 below his asking price so he stopped his court action (this was a lucky move because as I say he didn't know this site exisisted and had just put on the N1 Natwest owe me my bank charges) he accepted thus signing the form as his full and final.

Unfortunately he didn't realise at the time but the settlement was £16 short of his agreed overdraft limit - thinking the money would take him below this and everything would be hunky dory he never gave it a second thought UNTIL he realised the following month that Natwest had banged another £78 charge on for that month.He wrote a letter to Mr.Higleys office thanking them for the money but explaining that the charges that had been applied in the time it had taken them to settle had made the debt spiral again and asked if they could possibly recieve a refund of said charges which would then take his account to under the agreed overdraft limit. No replies came.Since then the debt has be bumped up by about a grand,

His Natwest account is one he doesn't use on a daily basis and because of his arguments regarding the amount owed and the fact that he won't make an aggreement to pay back X amount his account has been sent to an outside debt collection agency.

My questions are :

when you have signed for the settlement is it possible to pursue charges added afterwards?

when you have already made a court claim but have discontinued it because of money paid are you allowed to pursue a new claim against the same company?

now the account is with debt collectors should he write and say the amount owed is in dispute but offer them a payment arrangement or wait until he knows how much the charges are that have been applied?

Sorry I waffled a bit but any advice on this one would be great it's my homework for next week:D

[Varangian3]

caz

 

The full and final settlement was for the original unlawful charges. Anything since then is a new claim and therefore you can sue them again for what they have done since. This is quite common, and they never seem to learn.

 

Regarding the debt collectors, can you provide more info please? Are they acting for NatWest, or has the debt been sold to them. We will need a lot more info before anyone can advise you on how to play this.

 

Finally, can you block the text into paragraphs for the different sections please? Its very hard to ge the facts out as one long block of text.

 

Varangian

[hagenuk]

My questions are :

when you have signed for the settlement is it possible to pursue charges added afterwards?

when you have already made a court claim but have discontinued it because of money paid are you allowed to pursue a new claim against the same company?

now the account is with debt collectors should he write and say the amount owed is in dispute but offer them a payment arrangement or wait until he knows how much the charges are that have been applied?

 

Yes, an agreement such as this is not binding, you may pursue any new charges.

 

Yes, you may begin a new claim, although you might like to try sending them something like this first.

 

I have previously asserted my right to have these charges returned as unlawful and will have no hesitation in doing so again. Please return this money within 7 days otherwise I will immediately raise an action against you without further notice.

 

Write to the DCA and state that the amount that they are attempting to collect is in dispute and that they should hold all action until the dispute is settled - however, it may be wise to offer a token payment in order to prevent them from filing a default notice or something similar.

[Caz1974]

Thankyou both for your advice It's basically what I thought but I always think it's a good idea to double check everything before I tackle it head on.