Help needed - charges and default

[dazzlerjames]

I'm not asking people to tell me how much they've claimed but I've seen people post on here in the hundreds. I've just had my statements from Natwest and after adding up all of the card misuse, referral and unpaid item fees since oct 01 it comes to nearly 10K!!! - Does anyone really think I've a chance of getting this amount back on a personal account.

Advice Please.

cheers, Darren

[tant23]

If you follow the guidance on here you will get back every penny you are owed...

There are quite a few people who have claimed back similar amounts and many who are getting close to getting back amounts the same or more...

There are also a lot of people here ready to give advice all the way through your process...

Get back whats yours!!!!!

[WendyB]

There are claims on here for more than that. Have a look on the successful claims thread.

And it shouldn't make a difference how much it is, its still your money and you want it back!! I suppose they might put up more of a fight but it will only be cobblers from Cobblers trying to put you off if it gets to Court stage, but they'll never go to Court so you will win.

Get it scheduled onto a spreadsheet and send in your Prelim. Just make sure everything is spot on.

 

If you need help post back, someone will always be around to help.

[tant23]

Read this thread from someone who won...

 

http://www.consumeractiongroup.co.uk/forum/natwest-successes/47529-ali-natwest-12k.html

 

its for a similar amount...

[dazzlerjames]

Cheers Guys.

[dazzlerjames]

Hi. I started my action for charges and several weeks ago Natwest sent me a letter saying that they need 6-7 weeks to sort the claim. I thought fair enough maybe this avoids court and so I am now 5 weeks into this time. However they have defaulted my account today as I owe them at least £2800 in unpaid overdraft. This means that I cannot access my salary so that mortgage etc doesn't get paid. I am claiming for 9.5K which would pay them back this amount plus clear my authorised overdraft, however obviously I'm not guarenteed this money. I'm abit stuck as I don't want to apply for a loan elsewhere but I also don't want to miss mortgage payments or be unabvle to feed the kids - what shall I do?? - Do I start chasing the bank for a settlement that suits us both even if I end up with less?

cheers, Darren

[jonni2bad]

Hi

 

The issue of the default on your credit file is now of prime importance to you - this will remain on your files for 6 years unless you fight it - and you have good reason to - and will cause you untold problems for that entire period.

 

Firstly, have you been defaulted or simply threatened with it?

 

If the former, did you received a warning with instructions on how to avoid it, and did you then receive a written Default Notice?

 

Even with this you will need to check your credit files at the 3 major CRAs (Credit Reference Agencies). You can apply for these for about £2 at each company but it is well worth it. It might even throw up other surprises. Checking your files should be a matter of course for everyone to be honest.

 

Anyway, back on track, I'm afraid that you are going to have to commit to some lengthy spells reading threads from other users here so that you can begin to understand both why you can ask for the default to be removed and also how - as well as the pitfalls of accepting payments before they agree to removal!

 

(Here speaks a bitter, bitter man)

 

Do a search on the site for thread titles containing the word 'default' and you will find plenty of good reading, but here are a few to start you off....

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/3962-jonni2bad-halifax-got-money.html

 

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html?highlight=default

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/103785-default-notices-what-they.html?highlight=default

 

The other point to stress to you is that this is YOUR claim, not your bank's claim. They must now do as YOU demand, not the other way around. You need to adopt a mindset of being in control and not taking no for an answer.

 

The fact they they have not responded to you in 5 weeks is surely evidence that they don't yet take you seriously. If you lay down, guess where they will walk?

[jonni2bad]

And - I forgot....

 

You are clearly now going to have problems sorting out your immediate finances. You need to open a new account at another bank immediately - even a BASIC account somewhere will suffice for now (and may be your only option if the existing bank have actually defaulted you).

 

You must ensure that all funds entering that account are diverted asap. Do not worry about sorting out the 'supposed debt' to the current bank - it is made up entirely of unlawful charges and you will eventually see it disappear (but without an apology).

 

Sort out the new account, sort out money coming into it and sort out the likely arrears with your mortgage provider as a result of this. Contact them asap and let them know there is a temporary problem - they are likely to offer assistance perhaps in the form of a temporary payment plan to bring you back up to speed over the next couple of months.

 

If things are tight, put the mortgage, council tax, gas/electric and any secured loans to the top of the list. Talk to anyone that may be affected.

[dazzlerjames]

At this point they have only said that they are defaulting the account. I've had nothing in writing. The jobsworth on the phone sounded like he owned the bank! They have told me I can get some money out by phoning on Friday (payday) and arranging to collect from a branch - when I asked him if I could have all of my money he said he couldn't say because they may take some themselves to start paying off the debt!

 

The reason I'm over my agreed limit is they've charged me nearly £300 in a week (£114 for returning direct debits worth £42!).

 

Is it worth phoning Borehamwood to see where my claim is at??

[Paintball]

Hello James

 

Sorry to hear about your difficulty. My own view is that I never engage with the Banks by telephone, written correspondence only. Show them that you mean business, they have taken money unlawfully (and charged you interest) and you want it back - pronto!

 

Which stage are you at with your claim? There is a suggested timescale for each stage, Prelim letter, LBA then court stage. Try and put some money aside (or borrow from a friend/colleague/family member) in preparation for filing at court; the sooner you get your money back the better.

Good luck. I'll be watching your thread to see how things are going

 

P xxx

[dazzlerjames]

I got a response at LBA stage that they were looking at my claim but could take 6 weeks. I thought fair enough - this might avoid the court stuff and to be honest until now (apart from the charges) the bank have always been fair with me as I'm a less than perfect banker!!

 

I'm wondering if suddenly there is something on their screens to say a claim is going through so they become less helpful??

 

Anyway I'm now 4 and a half weeks into the 6 so may give them the extra week before starting the court stage.

 

Thanks for everyones help and advice.

[Paintball]

James, the LBA gives the Bank 14 days from receipt of your letter. They are bluffing and you are being very, very kind to them. May I suggest that you send another letter stating that they have 7 days left from receipt before you procede to court and stick to this otherwise this will drag on and on.

 

I realise that they are snowed under but the thieveing so-and-so's have made their own beds; the sooner you go get 'em the sooner you will be jumping for joy when you get your money (and interest) back. Just visualise that feeling ... hmmmnn, dreamy.

 

P xxx

[jonni2bad]

Dazzler - as well as the above posts, take a look at this tonight if you log on

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html

 

If you prepare a letter and take this into your bank tomorrow, there is a fair chance they might act on it and set aside funds for your mortgage payments etc etc.

 

I was under the impression that you salary had already gone in, but since it hasn't this might well prove to be the best result.

 

AND GET A NEW ACCOUNT - NOW!