Natwest defaulted account without me knowing PLEASE HELP

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Really sorry for the delay

Ok as they've missed the points you raised send another copy of the above letter with a cover letter saying "please read the attached copy and reply accordingly". Also send a copy if their latest reply.

Basically you need to give them one chance to put it right. We don't want to jump in with FOS complaints too soon so just write back and attach a copy of your letter above, their reply and a cover letter asking them to answer your points.

Then we will help you go via FOS with it but that helps your complaint that they're being pricks

Hi Nid,

I did exactly as the above and the response I recieved is actually laughable. They are being massive pricks and ignoring all points raised. I'm not sure how to upload their reply on this thread so I've sent it to you as a PM.

Would really appreciate your help with a FOS complaint it's definitely the only option now.

Again thanks for everything up to this point

[Never-In-Doubt]

Re: Natwest defaulted account without me knowing PLEASE HELP

Yes sure no problem....I originally received a letter towards the end of Jan where they failed to address the points raised from the letter sent (cloggy wrote in this thread)..I then sent the following letter:

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter sent out on the 22nd January and must point out to you that you still have not addressed the points raised therein. The points which you have tried to raise have been out of context and seem to be either in-accurate or missing key parts.

I also would like to make it clear that you do need to read the Consumer Credit Act 1974 section 97 again and not make things up.

I will now respond to each of your answers separately.

·Repayment arrangement

I would like to state that the bank agreed a timetable/schedule of payments by which the overdraft was to be paid. This modified or varied the agreement into a fixed sum regulated credit agreement.


The agreement was to continue to make minimum payments of at least £65 to reduce the overdraft and when I am able to I then arrange to make a lump sum payment to clear the overdraft. There was no deadline given and full repayment for the overdraft had never been demanded. I agreed to this and also made it clear that I did not want to owe any debt so I would put my vehicle for sale and when it sold I would use the funds to clear the account.

In May and June 2011 when I discussed making arrangements to clear the account I requested information to be sent to me about the agreement. I also asked for text messages to be set up so I could keep track of what I was paying and how much was owed. I was told text messaging was set up and letters would be sent. In August 2011, I was in contact with the bank to update my situation and again I asked for text messaging to be set up as it still had not been so I am not able to keep track of things. I also mentioned again I need information on what I had to pay on the agreement sent in the post.

Shortly after this around September I made a complaint that the overdraft had been removed without notice and I still have not received any form of official notice or an agreement sent to me at all.


·No notices received

At no point have I stated that I have received no letters over 2 years.

I stated I had not received any letters regarding the default notice and overdraft agreement.


I have received majority of the letters on the dates you have mentioned. As a matter of fact I have gone through my files I also received letters on –

18/04/11 (letter about unarranged overdraft charges of £6 per day)
20/06/11 (letter about unarranged overdraft charges of £6 per day)

10/10/11 (letter about unarranged overdraft charges of £6 per day)

17/10/11 (A letter saying sorry I had to complain and we are investigating your complaint)

From October to December I do remember receiving a few duplicate letters saying ‘sorry it is taking a while we are still investigating your complaint’.

13/12/11 (A letter to resolve the complaint and a £258 refund provided)
23/12/11 (A letter showing current plus account statement with £358 paid in between 25thNov to 23rd December)

The dates of letters sent above are ones you have not listed in your letter which is self-evident even your records are not accurate.

The only letters I seem to not have received were on–

o17/09/11
o29/12/11
o27/01/12

Now onto the default notice you claim to have sent on the 29/12/11 which doesn’t quite add up. Please clarify how on the 13/12/11 you refund me £258 and then on the 23/12/11 you send a statement showing an additional £100 was paid in and then only 6 days after this you send me a default notice…

So to work this out somehow you sent a default notice to me over the Christmas and New Year period and only 5 days after £358 was paid into the account.

It looks as though your records are not accurate and the dates may be even incorrect, so it looks as though you do have a bank error.


·Failed to comply with section 97 and 97A of the Credit Consumer Act (1974)

Firstly a copy of the Consumer Credit Act 1974 sections 97 and 97A is attached for your perusal - I strongly suggest you read it and take note of the content.

You state in your letter and I quote

“Firstly, section 97 states that the statement of the payment required to discharge the debtor’s indebtedness does not have to be made in writing”

In fact, section 97 states and I quote

“The creditor under a regulated consumer credit agreement, within the prescribed period after he has received a request. . . to that effect from the debtor, shall give the debtor a statement in the prescribed form indicating, according to the information to which it is practicable for him to refer, the amount of the payment required to discharge the debtor’s indebtedness under the agreement, together with the prescribed particulars showing how the amount is arrived at”.


To clarify Section 97 requires that the statement shall be "in the prescribed form", which means in writing, section 97A goes further…

I have already explained the requests I made to the bank and as you have acknowledged in your letter nothing in writing has been sent it is very evident the bank has failed and is in breach of this section.

I do not believe there is any reason for me to phone the recoveries department as nobodyseems to understand the ramifications of the delinquent manner that NatWest bank has dealt with me; it also seems self-evident that the staff directed to deal with the matter are too arrogant or deluded to care. As I have mentioned before I have been passed around the houses and seem to get differing opinions depending on whom I speak to.

Therefore I felt I had no option but to email the CEO. I am utilising my rights and if the bank had followed the correct procedures we'd not be having this discussion right now.

Owing to the way I have been mistreated by the NatWest bank, I wish to settle this debt in a timely manner and to close the account completely, as is my right pursuant to sections 94 and 95 of the Consumer Credit Act 1974 (as amended).

My credit file is clean. I am not a 'won't payer' and I do not try and dodge my liabilities, a search of my credit file will confirm this. The fact you have behaved in such a manner is having an adverse effect on my ability to obtain credit.

I do want to settle the account, as mentioned, hence please confirm you're prepared to remove this marker and also clarify the closing amount to pay and I will respond with a cheque to settle the balance and close the account once and for all.


Yours Faithfully,

Really sorry for the delay

Ok as they've missed the points you raised send another copy of the above letter with a cover letter saying "please read the attached copy and reply accordingly". Also send a copy if their latest reply.

Basically you need to give them one chance to put it right. We don't want to jump in with FOS complaints too soon so just write back and attach a copy of your letter above, their reply and a cover letter asking them to answer your points.

Then we will help you go via FOS with it but that helps your complaint that they're being pricks

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Chill for a few hours/days - nothing can happen before next week.

I am finalising AAD this weekend and will look at this Monday

Hi Niddy,

Have you had a chance to look at this ??

[Never-In-Doubt]

Re: Natwest defaulted account without me knowing PLEASE HELP

what is the best option at this point ?

Chill for a few hours/days - nothing can happen before next week.

I am finalising AAD this weekend and will look at this Monday

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

I have just received a reply from a different person which completely ignores everything saying the following:

As a valued customer, I'm sorry you do not agree with the decision, which was based on our findings, explained in our letter dated 22nd january 2013.

I believe that we've investigated your complaint thorughly and that the decision is fair. If you have any questions about our decision please call me or a member of my team on the telephone number above. We're here from 9am to 5pm, Monday to Friday.

The above is the reply they have just sent me where it's quite obvious they are avoiding accepting any breach or fault trying to get out of this and quickly getting moorcroft involved ...
what is the best option at this point ?

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Yes sure no problem....I originally received a letter towards the end of Jan where they failed to address the points raised from the letter sent (cloggy wrote in this thread)..I then sent the following letter:

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter sent out on the 22nd January and must point out to you that you still have not addressed the points raised therein. The points which you have tried to raise have been out of context and seem to be either in-accurate or missing key parts.

I also would like to make it clear that you do need to read the Consumer Credit Act 1974 section 97 again and not make things up.

I will now respond to each of your answers separately.

·Repayment arrangement

I would like to state that the bank agreed a timetable/schedule of payments by which the overdraft was to be paid. This modified or varied the agreement into a fixed sum regulated credit agreement.


The agreement was to continue to make minimum payments of at least £65 to reduce the overdraft and when I am able to I then arrange to make a lump sum payment to clear the overdraft. There was no deadline given and full repayment for the overdraft had never been demanded. I agreed to this and also made it clear that I did not want to owe any debt so I would put my vehicle for sale and when it sold I would use the funds to clear the account.

In May and June 2011 when I discussed making arrangements to clear the account I requested information to be sent to me about the agreement. I also asked for text messages to be set up so I could keep track of what I was paying and how much was owed. I was told text messaging was set up and letters would be sent. In August 2011, I was in contact with the bank to update my situation and again I asked for text messaging to be set up as it still had not been so I am not able to keep track of things. I also mentioned again I need information on what I had to pay on the agreement sent in the post.

Shortly after this around September I made a complaint that the overdraft had been removed without notice and I still have not received any form of official notice or an agreement sent to me at all.


·No notices received

At no point have I stated that I have received no letters over 2 years.

I stated I had not received any letters regarding the default notice and overdraft agreement.


I have received majority of the letters on the dates you have mentioned. As a matter of fact I have gone through my files I also received letters on –

18/04/11 (letter about unarranged overdraft charges of £6 per day)
20/06/11 (letter about unarranged overdraft charges of £6 per day)

10/10/11 (letter about unarranged overdraft charges of £6 per day)

17/10/11 (A letter saying sorry I had to complain and we are investigating your complaint)

From October to December I do remember receiving a few duplicate letters saying ‘sorry it is taking a while we are still investigating your complaint’.

13/12/11 (A letter to resolve the complaint and a £258 refund provided)
23/12/11 (A letter showing current plus account statement with £358 paid in between 25thNov to 23rd December)

The dates of letters sent above are ones you have not listed in your letter which is self-evident even your records are not accurate.

The only letters I seem to not have received were on–

o17/09/11
o29/12/11
o27/01/12

Now onto the default notice you claim to have sent on the 29/12/11 which doesn’t quite add up. Please clarify how on the 13/12/11 you refund me £258 and then on the 23/12/11 you send a statement showing an additional £100 was paid in and then only 6 days after this you send me a default notice…

So to work this out somehow you sent a default notice to me over the Christmas and New Year period and only 5 days after £358 was paid into the account.

It looks as though your records are not accurate and the dates may be even incorrect, so it looks as though you do have a bank error.


·Failed to comply with section 97 and 97A of the Credit Consumer Act (1974)

Firstly a copy of the Consumer Credit Act 1974 sections 97 and 97A is attached for your perusal - I strongly suggest you read it and take note of the content.

You state in your letter and I quote

“Firstly, section 97 states that the statement of the payment required to discharge the debtor’s indebtedness does not have to be made in writing”

In fact, section 97 states and I quote

“The creditor under a regulated consumer credit agreement, within the prescribed period after he has received a request. . . to that effect from the debtor, shall give the debtor a statement in the prescribed form indicating, according to the information to which it is practicable for him to refer, the amount of the payment required to discharge the debtor’s indebtedness under the agreement, together with the prescribed particulars showing how the amount is arrived at”.


To clarify Section 97 requires that the statement shall be "in the prescribed form", which means in writing, section 97A goes further…

I have already explained the requests I made to the bank and as you have acknowledged in your letter nothing in writing has been sent it is very evident the bank has failed and is in breach of this section.

I do not believe there is any reason for me to phone the recoveries department as nobodyseems to understand the ramifications of the delinquent manner that NatWest bank has dealt with me; it also seems self-evident that the staff directed to deal with the matter are too arrogant or deluded to care. As I have mentioned before I have been passed around the houses and seem to get differing opinions depending on whom I speak to.

Therefore I felt I had no option but to email the CEO. I am utilising my rights and if the bank had followed the correct procedures we'd not be having this discussion right now.

Owing to the way I have been mistreated by the NatWest bank, I wish to settle this debt in a timely manner and to close the account completely, as is my right pursuant to sections 94 and 95 of the Consumer Credit Act 1974 (as amended).

My credit file is clean. I am not a 'won't payer' and I do not try and dodge my liabilities, a search of my credit file will confirm this. The fact you have behaved in such a manner is having an adverse effect on my ability to obtain credit.

I do want to settle the account, as mentioned, hence please confirm you're prepared to remove this marker and also clarify the closing amount to pay and I will respond with a cheque to settle the balance and close the account once and for all.


Yours Faithfully,

I have just received a reply from a different person which completely ignores everything saying the following:

As a valued customer, I'm sorry you do not agree with the decision, which was based on our findings, explained in our letter dated 22nd january 2013.

I believe that we've investigated your complaint thorughly and that the decision is fair. If you have any questions about our decision please call me or a member of my team on the telephone number above. We're here from 9am to 5pm, Monday to Friday.

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Can you please abbreviate events of late to remind me and let me catch up again please.....

Yes sure no problem....I originally received a letter towards the end of Jan where they failed to address the points raised from the letter sent (cloggy wrote in this thread)..I then sent the following letter:

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter sent out on the 22nd January and must point out to you that you still have not addressed the points raised therein. The points which you have tried to raise have been out of context and seem to be either in-accurate or missing key parts.

I also would like to make it clear that you do need to read the Consumer Credit Act 1974 section 97 again and not make things up.

I will now respond to each of your answers separately.

·Repayment arrangement

I would like to state that the bank agreed a timetable/schedule of payments by which the overdraft was to be paid. This modified or varied the agreement into a fixed sum regulated credit agreement.


The agreement was to continue to make minimum payments of at least £65 to reduce the overdraft and when I am able to I then arrange to make a lump sum payment to clear the overdraft. There was no deadline given and full repayment for the overdraft had never been demanded. I agreed to this and also made it clear that I did not want to owe any debt so I would put my vehicle for sale and when it sold I would use the funds to clear the account.

In May and June 2011 when I discussed making arrangements to clear the account I requested information to be sent to me about the agreement. I also asked for text messages to be set up so I could keep track of what I was paying and how much was owed. I was told text messaging was set up and letters would be sent. In August 2011, I was in contact with the bank to update my situation and again I asked for text messaging to be set up as it still had not been so I am not able to keep track of things. I also mentioned again I need information on what I had to pay on the agreement sent in the post.

Shortly after this around September I made a complaint that the overdraft had been removed without notice and I still have not received any form of official notice or an agreement sent to me at all.


·No notices received

At no point have I stated that I have received no letters over 2 years.

I stated I had not received any letters regarding the default notice and overdraft agreement.


I have received majority of the letters on the dates you have mentioned. As a matter of fact I have gone through my files I also received letters on –

18/04/11 (letter about unarranged overdraft charges of £6 per day)
20/06/11 (letter about unarranged overdraft charges of £6 per day)

10/10/11 (letter about unarranged overdraft charges of £6 per day)

17/10/11 (A letter saying sorry I had to complain and we are investigating your complaint)

From October to December I do remember receiving a few duplicate letters saying ‘sorry it is taking a while we are still investigating your complaint’.

13/12/11 (A letter to resolve the complaint and a £258 refund provided)
23/12/11 (A letter showing current plus account statement with £358 paid in between 25thNov to 23rd December)

The dates of letters sent above are ones you have not listed in your letter which is self-evident even your records are not accurate.

The only letters I seem to not have received were on–

o17/09/11
o29/12/11
o27/01/12

Now onto the default notice you claim to have sent on the 29/12/11 which doesn’t quite add up. Please clarify how on the 13/12/11 you refund me £258 and then on the 23/12/11 you send a statement showing an additional £100 was paid in and then only 6 days after this you send me a default notice…

So to work this out somehow you sent a default notice to me over the Christmas and New Year period and only 5 days after £358 was paid into the account.

It looks as though your records are not accurate and the dates may be even incorrect, so it looks as though you do have a bank error.


·Failed to comply with section 97 and 97A of the Credit Consumer Act (1974)

Firstly a copy of the Consumer Credit Act 1974 sections 97 and 97A is attached for your perusal - I strongly suggest you read it and take note of the content.

You state in your letter and I quote

“Firstly, section 97 states that the statement of the payment required to discharge the debtor’s indebtedness does not have to be made in writing”

In fact, section 97 states and I quote

“The creditor under a regulated consumer credit agreement, within the prescribed period after he has received a request. . . to that effect from the debtor, shall give the debtor a statement in the prescribed form indicating, according to the information to which it is practicable for him to refer, the amount of the payment required to discharge the debtor’s indebtedness under the agreement, together with the prescribed particulars showing how the amount is arrived at”.


To clarify Section 97 requires that the statement shall be "in the prescribed form", which means in writing, section 97A goes further…

I have already explained the requests I made to the bank and as you have acknowledged in your letter nothing in writing has been sent it is very evident the bank has failed and is in breach of this section.

I do not believe there is any reason for me to phone the recoveries department as nobodyseems to understand the ramifications of the delinquent manner that NatWest bank has dealt with me; it also seems self-evident that the staff directed to deal with the matter are too arrogant or deluded to care. As I have mentioned before I have been passed around the houses and seem to get differing opinions depending on whom I speak to.

Therefore I felt I had no option but to email the CEO. I am utilising my rights and if the bank had followed the correct procedures we'd not be having this discussion right now.

Owing to the way I have been mistreated by the NatWest bank, I wish to settle this debt in a timely manner and to close the account completely, as is my right pursuant to sections 94 and 95 of the Consumer Credit Act 1974 (as amended).

My credit file is clean. I am not a 'won't payer' and I do not try and dodge my liabilities, a search of my credit file will confirm this. The fact you have behaved in such a manner is having an adverse effect on my ability to obtain credit.

I do want to settle the account, as mentioned, hence please confirm you're prepared to remove this marker and also clarify the closing amount to pay and I will respond with a cheque to settle the balance and close the account once and for all.


Yours Faithfully,

[Never-In-Doubt]

Re: Natwest defaulted account without me knowing PLEASE HELP

Thanks Niddy thats great I'll send them that.

What could I send back to natwest as they are trying to get out of this and quickly getting moorcroft involved ?

or do I just go to the financial ombudsman service now ?

Can you please abbreviate events of late to remind me and let me catch up again please.....

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Home collection is a doorstep collection, send something like this...

Thanks Niddy thats great I'll send them that.

What could I send back to natwest as they are trying to get out of this and quickly getting moorcroft involved ?

or do I just go to the financial ombudsman service now ?

[Never-In-Doubt]

Re: Natwest defaulted account without me knowing PLEASE HELP

Home collection is a doorstep collection, send something like this...

Dear Sirs

Account No/Reference No: XXXXXXXX

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,



Sign Digitally

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

I have got the PM but Cloggy was writing, as I cannot see what he wrote I cannot really answer so best to email/pm Cloggy for now.

I Haven't had a reply from cloggy for this yet and on top of that i have received a letter from moorcroft asking for payment and threatening home debt recovery action.

Is this legal as I am still dealing with natwest who have avoided answering me as they probably are trying to avoid accepting any fault

[Never-In-Doubt]

Re: Natwest defaulted account without me knowing PLEASE HELP

Hi guys, Just wondered if you had a look at the letter I sent as a PM ?

Also what do you think I do at this point as they have clearly avoided answering any of my points where they have been wrong and in breach of CCA 1974 ?

Thanks

I have got the PM but Cloggy was writing, as I cannot see what he wrote I cannot really answer so best to email/pm Cloggy for now.

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Bump

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Hi guys, Just wondered if you had a look at the letter I sent as a PM ?

Also what do you think I do at this point as they have clearly avoided answering any of my points where they have been wrong and in breach of CCA 1974 ?

Thanks

[Hdeals]

Re: Natwest defaulted account without me knowing PLEASE HELP

Did he ever come back to you.....? Any update.

yeah he replied to my message and I sent the letter off.

I received another letter in response to the one I sent them basically saying nothing so I've just pm'd it you and cloggy, let me know what you think.

Thanks