Moorcroft and an natwest OD

[safc]

i am in exactly the same position except with the nat west they closed my account and have instructed moorcroft to recover the debt i dont dispute the debt and have agreed a repayment but i am also lost as to what moor croft can acctually do

[TideTurner]

Hi,

 

Don't make any admissions to anybody. Inform Moorcroft that the account is in dispute, and you will be dealing with HSBC directly. Phone HSBC in the morning and tell them you now dispute the account, and that they should update their records accordingly.

 

Then mak a Subject Access Request to HSBC (template on this site) and include a £10.00 cheque or postal order (make a note of the PO No. in your letter so it doesn't go missing).

 

Once you have your information from them, which you are entitled to under the Data Protection Act 1998, use a highlighter to mark out all of the charges made to the account.

 

Then, input these dates and amounts into one of the spreadsheets (in the Library) and make a claim to HSBC.

 

If in doubt, look through the FAQ's before going any further.

 

Tide

[safc]

can i still claim bank char

[Guest NATTIE]

a) yes

b) yes definitely

[tbern123]

a) yes

b) yes definitely

 

In the words of the churchill dog

 

OH YES !!

[safc]

if u are making payments to a dca who are acting for a bank and u send a sars request to the bank to start the process of reclaiming bank charges do u still carry on making your payments to the dca while the process is ongoing ?

[livelylad]

if u are making payments to a dca who are acting for a bank and u send a sars request to the bank to start the process of reclaiming bank charges do u still carry on making your payments to the dca while the process is ongoing ?

 

 

Yes this is advisable. Continue to pay the debt until your settlement is through.

[safc]

Ok Then .

[safc]

Could Any One Answer A Question Ive Been Asked,if A Bank Has Shut Down An Overdrawn Bank Account Of Say £1300,50%charges And Passed It For Collection To A Dca,how Would Repyment Of Charges Be Made, To The Person By Cheque Or Would The Bank Try To Take It Off The Debt

Thanks

[dx100uk]

you need to find out if the debt has been brought by the DCA or has just been passed to them for collection.

you should be able to gauge this by how long ago the a/c went into arrears. i would guess it just been passed for collection.

if this is the case, then send the sar to the bank

this will put the a/c into dispute, you then write to the DCA, informing them the a/c is in dispute, they will them pass it back to the bank, this will get the DCA off your back.

 

when you get to the stage of the pre-lim letter with your spreadsheet,

include the line 'i wish the refund to be paid by cheque, as i have other debts that require an equal share of the money you unlawfully took from me'.

 

if when you get [any] money, and they use it to payoff their debt, them immediately write, refusing the refund, stating again quite clearly that it id your money, you have other debts also, and will only accept a cheque.

by that time mcol should be near too so you can use that as a lever.

 

dx100uk;)

[safc]

hi is there a template letter that states any refund in charges are to be made by cheque only or do you just have to ammend the one in the templates thanks

[hellhasnofury]

hi is there a template letter that states any refund in charges are to be made by cheque only or do you just have to ammend the one in the templates thanks

Hello,

 

Just amend the templates one to your own needs.

[safc]

i have recived all statements and ready to do a schedual of bank charges, i have a lot of interest charges on statements aswell. i have looked at the different spreadsheets but cant get my head round them.can anyone tell me which is the best to use thanks

[steven4064]

My opinion is that it is best just to use the interest charges listed on your statements. Claim that proportion of each interest payment that is attributable to charges.

 

Otherwise, if you know the interest rate used by the bank then Mindzai's spreadsheet is probably the best for compound interest calcualtions.

 

Steven

[safc]

i have done a schedual of bank charges goinging off my statements. as for the interest do i just write the ammounts down as shown on the statements they come to about £250 then add them all up as with the bank charges and send off with my letter. cheers

[katesage]

No SAFC you cant add all your overdraft interest.

 

If you can persist, try to fill out the England Complex Excel in here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

It will calculate what proportion of your overdraft interest was caused by charges and is therefore reclaimable.

 

Good luck

[safc]

i have sent prelim letter which nat west have recieved is is 14 working days to next letter or 14 straight days . thanks

[steven4064]

i have sent prelim letter which nat west have recieved is is 14 working days to next letter or 14 straight days . thanks

 

straight days

 

Steven

 

If this post is helpful, please click the scales

[safc]

i recieved a letter from m/croft this week it is headed by a big red box stateing re; national westminster

:notice of intended litigation:

 

"if you do not repond to this letter we will assuime you are purposely avoiding repayment and will take steps to secure settlement which may include legal action against you.if legal action is necessary the debt will increase as follows"

current balance £130

solicitors costs for issue of claim £50

court fees for issue of claim £20

soilcitors fees for entering judgement £25

debt if judgement obtained £225

 

moorcroft have told me they do not own the debt so are they in there rite to start the legal action ?

even though its for a bank acount i still sent them a cca and a person told me on the phone they sent me the documentation on the 20th march.not ecieved anything

i have since read somewhere on this site bank accounts are not covered by a cca ?

what to do now?

[rory32]

Bank accounts are covered by a CCA if you have an overdraft (anything over £50 is covered by a CCA). As the DCA don't own the debt they can't take you to court. You may also want to have a look at the sticky on OFT guidelines for debt collection.

Even if they were to take you to court solicitors fees wouldn't be awarded.

[rory32]

Just to put your mind at ease Moorcroft have been sending me similar letters for over 6 months......still waiting on my court date.

[safc]

is that even if the overdraft is unautherised over £50 if it is they are nearing the plus 30 days mark of the cca request thanks

[rory32]

Unauthorised is a bit different as there wasn't an agreement for you to borrow a sum of money (so no CCA). Have you SAR'd nat westminster to see if they have added charges to the account? Might be worth doing. If you want to get around the £10 charge you could ask M/croft for a statement of account (this should list all transactions on the account).

[rory32]

Just to clarify on the unauthorised bit, if you had an unauthorised overdraft of £130, but your agreed overdraft was £50 or more there would need to be a CCA.

[safc]

sorry i meant to say i did not have any agreed overdraft at all ,have allready sent prelim letter for charges of the last 6 years