DNW's UE Diary

[Deepie]

Re: DNW's UE Diary

UPDATE

08/02/12 Received (dated 03/02/12) - Metropolitan - Apologise re number of phone calls, it's not our fault - the auto dialler kept ringing back as there was no reply... If this doesn't resolve matters then it can be referred to Financial Ombudsman service.


I'm guessing this needs no response so update for info only.

you guessed right........

[DNW]

Re: DNW's UE Diary

Natwest Overdraft

Name                     - Natwest
Type of account          - Overdraft
Date commenced           - Oct 2000
Approx balance           - £2,181
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 31/05/11 Letter refusing to accept I&E form
2. 04/07/11 Letter reminding over OD limit and chages now £6 per day
3. 12/07/11 Letter asking for contact to discuss
4. 12/07/11 Phone call - Natwest won't default until balance reaches -£2250. I&E completed verbally
5. 04/07/11 Overlimit OD - £6 per day charges
6. 02/08/11 Letter asking for I&E
7. 04/08/11 Unarranged OD fee warning
8. 05/08/11 Breakdown of OD fees
9. 30/08/11 Ceased token payment (to hurry along the default)
   
10. 12/09/11 Letter from Natwest - please contact us (ignored)
11. 29/09/11 Letter from Natwest - please contact us (ignored)
12. 11/10/11 Letter from Power 2 Contact - please contact us (ignored)
13. 19/10/11 Doorstep visit from Power 2 Contact (answered and contact card left for OH)
14. 19/10/11 Letter sent to Natwest - No visits and please consider stopping/refunding charges
15. 04/11/11 Letter from Natwest - they're sorry I had to complain, they're looking into it
16. 14/11/11 Letter from Natwest - they're still investigating complaint
    
17. 16/12/11 Letter from Natwest - Notice of intention to file a default, and DN received
18. 19/12/11 Letter from Natwest - Notice of default sums (they charged £30 to issue a DN!)
19. 05/01/12 Letter from Natwest - It's not to late to contact us to sort this out
20. 18/01/12 Letter from Natwest - Terminating overdraft agreement and demand the account is paid in full. However they also offer the option to agree a mutually acceptable repayment plan.
21. 31/01/12 Sent to Natwest - letter requesting refund of charges and resumed token payments
    

UPDATE

10/02/12 Received - Westcot - They are now dealing with this account and would be glad to hear from us as to when we are going to pay.


CleverClogs posted on another thread that overdrafts should have an agreement available - I've never sent Natwest anything other than a couple of letters telling them we're in financial difficulty and that we'll pay them more than token payments as and when we can afford them. I stopped any payments for a few months to hurry along the default notice, but the SB clock will have re-started now as I reinstated token payments at the end of Jan 12 believing all overdrafts are enforceable.

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again?

[swanfan]

Re: DNW's UE Diary

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again?

Now it's with a dca you could try an f&f offer but that would depend on what you can afford?

[Deepie]

Re: DNW's UE Diary

UPDATE

10/02/12 Received - Westcot - They are now dealing with this account and would be glad to hear from us as to when we are going to pay.


CleverClogs posted on another thread that overdrafts should have an agreement available - I've never sent Natwest anything other than a couple of letters telling them we're in financial difficulty and that we'll pay them more than token payments as and when we can afford them. I stopped any payments for a few months to hurry along the default notice, but the SB clock will have re-started now as I reinstated token payments at the end of Jan 12 believing all overdrafts are enforceable.

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again?

I Found this ..> http://forums.all-about-debt.co.uk/s...8&postcount=44


Added by Niddy
But it is not suitable for you however it does explain overdrafts and what the bank do need to send to you.

[Never-In-Doubt]

Re: DNW's UE Diary

UPDATE

10/02/12 Received - Westcot - They are now dealing with this account and would be glad to hear from us as to when we are going to pay.


CleverClogs posted on another thread that overdrafts should have an agreement available - I've never sent Natwest anything other than a couple of letters telling them we're in financial difficulty and that we'll pay them more than token payments as and when we can afford them. I stopped any payments for a few months to hurry along the default notice, but the SB clock will have re-started now as I reinstated token payments at the end of Jan 12 believing all overdrafts are enforceable.

Should I have sent a CCA type request to them in the beginning? And/or, is there anything I should be doing now? Should I continue token payments or stop them again?

Hiya

Before commencing any payments please speak to myself or I2D as we tend to follow what the right thing to do is - you made an error of judgment and should not have recommenced payments here.

However not a lot we can do, it's done now.

I would either continue repaying small token payments now, the overdraft fight is still quite new and yes, you will notice on this thread I have touched on it a bit - read the first couple of pages leading up to the template here (---> Flossy UE Diary YB Hassle - Page 3 - allaboutFORUMS ) however banks etc still fob us off and may still take action.

See if you can get a refund of charges etc first - that should bring the balance down a lot.....

[DNW]

Re: DNW's UE Diary

Hiya

Before commencing any payments please speak to myself or I2D as we tend to follow what the right thing to do is - you made an error of judgment and should not have recommenced payments here.

However not a lot we can do, it's done now.

I would either continue repaying small token payments now, the overdraft fight is still quite new and yes, you will notice on this thread I have touched on it a bit - read the first couple of pages leading up to the template here (---> Flossy UE Diary YB Hassle - Page 3 - allaboutFORUMS ) however banks etc still fob us off and may still take action.

See if you can get a refund of charges etc first - that should bring the balance down a lot.....

Thanks Niddy, I was just treating it the same as all our other enforceables - they've all been getting token payments since being deemed enforceable so long as they had issued DN - Natwest were just slower to default. While the (en) creditors have been receiving token payments, everything has been exceptionally quiet so it's worth £1 a month for the longer term plan (it's my understanding that the best I can hope for with enforceable debts is for them to drag on and on until they're eventually sold off and I can hit them with low F&F as and when they start leaning more heavily).

So at the moment I'm just sitting tight and wait for Westcot to start leaning more heavily.

How would I find out what charges have been added? Or should I post in the reclaiming section about that?

[CleverClogs (RIP)]

Re: DNW's UE Diary

How would I find out what charges have been added?

Subject Access Request - link

[DNW]

Re: DNW's UE Diary

Thanks CC, I'll get onto that within the next day or two.

That goes to the OC rather than current DCA, doesn't it?

[DNW]

Re: DNW's UE Diary

Natwest Overdraft

Name                     - Natwest
Type of account          - Overdraft
Date commenced           - Oct 2000
Approx balance           - £2,181
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 31/05/11 Letter refusing to accept I&E form
2. 04/07/11 Letter reminding over OD limit and chages now £6 per day
3. 12/07/11 Letter asking for contact to discuss
4. 12/07/11 Phone call - Natwest won't default until balance reaches -£2250. I&E completed verbally
5. 04/07/11 Overlimit OD - £6 per day charges
6. 02/08/11 Letter asking for I&E
7. 04/08/11 Unarranged OD fee warning
8. 05/08/11 Breakdown of OD fees
9. 30/08/11 Ceased token payment (to hurry along the default)
   
10. 12/09/11 Letter from Natwest - please contact us (ignored)
11. 29/09/11 Letter from Natwest - please contact us (ignored)
12. 11/10/11 Letter from Power 2 Contact - please contact us (ignored)
13. 19/10/11 Doorstep visit from Power 2 Contact (answered and contact card left for OH)
14. 19/10/11 Letter sent to Natwest - No visits and please consider stopping/refunding charges
15. 04/11/11 Letter from Natwest - they're sorry I had to complain, they're looking into it
16. 14/11/11 Letter from Natwest - they're still investigating complaint
    
17. 16/12/11 Letter from Natwest - Notice of intention to file a default, and DN received
18. 19/12/11 Letter from Natwest - Notice of default sums (they charged £30 to issue a DN!)
19. 05/01/12 Letter from Natwest - It's not to late to contact us to sort this out
20. 18/01/12 Letter from Natwest - Terminating overdraft agreement and demand the account is paid in full. However they also offer the option to agree a mutually acceptable repayment plan.
21. 31/01/12 Sent to Natwest - letter requesting refund of charges and resumed token payments
    
22. 10/02/12 Letter from Westcot - They are now dealing with this account and would like to know when we're going to pay it.

UPDATE


15/02/12 - Letter from Natwest - "Thanks for your letter of 31/01/12, Westcot are now dealing with your account and we have passed your letter to them and they will contact you shortly.... When charges and interest were applied to the account they were rightfully due within the T&C."


I'm planning on sending a SAR to Natwest to check exactly what charges have been applied, but I was wondering if I should also send something similar to this post (also in relation to an OD) - linky --> allaboutFORUMS - View Single Post - Pookies UE Diary
I'd take out the part about harassment as that hasn't been an issue, I haven't sent a CCA request so would I need to take out some of the first paragraph also.

Thoughts?

Dear Sirs,

Ref: xxxxxxx

I acknowledge receipt of your letter and I would like to point out that regardless of the provisions of sections 78 you seem to have forgotten about The Consumer Credit (EU Directive) Regulations (2010) and also c.39 (s.74 (A&B) (VA)) CCA(1974).

As I had what can only be classed as an agreed overdraft, then the lending becomes regulated in line with Part VA (s.74) (s.1(b)) meaning the normal rules and CCA(1974) protection applies. The lender also needs to send an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). As nothing of the sort has ever been recorded as received by myself, this account is in fact unenforceable.

Please pay attention to the following amendments to the CCA1974;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a) the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b) any conditions applicable to that rate,
(c) any reference rate on which that rate is based,
(d) information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e) any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

Please also pay attention to s.74(B)(2) which reads;

s.74B(2) The matters referred to in subsection (1) are:

(a) the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b) the amount of that overdraft or excess,
(c) the rate of interest charged on it, and
(d) any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

I trust that I have set out my position, and the position of current legislation that is the Consumer Credit Act 1974.

On to another matter, regards your continual harassment by telephone - you've now forced me to get rid of my old number, it's pointless keeping it when you think it's a personal hotline to annoy and harass me; therefore I do have access to a number which you should only use if you cannot get hold of me by mail, as I do request that all correspondence be done via letter to allow me an audit trail in case of future misconduct.

This contact number is 08719152718. You should take this as formal notice that my previous number is no longer in use by me and any attempts to call it will be classed as undue harassment to which relevant complaints will be sent to your governing regulators. I do request you only communicate in writing however should you feel the need to try and speak to me please leave a message and I shall endevour to return your call if I deem it appropriate, otherwise I will respond in writing.

If you continue to harass me by telephone, you will be in breach of the Communications Act (2003) s.127 and I will have no alternative but to report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence.

As I now formally demand all further correspondence from your company to be made in writing only, I would like to also make you aware that any additional harassment will put you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

I trust I have made myself and my position clear and look forward to receiving the requested documents within the next 14 days, or your confirmation that you do not hold any such documents.

Yours faithfully,


Sign Digitally

[CleverClogs (RIP)]

Re: DNW's UE Diary

15/02/12 - Letter from Natwest - "Thanks for your letter of 31/01/12, Westcot are now dealing with your account and we have passed your letter to them and they will contact you shortly.... When charges and interest were applied to the account they were rightfully due within the T&C."

Nonsense.

I'm planning on sending a SAR to Natwest to check exactly what charges have been applied, but I was wondering if I should also send something similar to this post (also in relation to an OD) - linky --> allaboutFORUMS - View Single Post - Pookies UE Diary
I'd take out the part about harassment as that hasn't been an issue, I haven't sent a CCA request so would I need to take out some of the first paragraph also.

Thoughts?

I'd say that all the first paragraph should be omitted, but I'd also wish to know why the NatWest onanists seem to think that compliance with the Consumer Credit Act 1974 is optional. This applies especially to sections 86C (5) - link and 86E (6) - link) which expressly state that no fee shall be payable by the debtor for preparation or provision of arrears or default notices, and to section 173 - link - which means that the CCA trumps contractual terms.

[DNW]

Re: DNW's UE Diary

Thank you CC those are really useful links (and I actually understood all of your post for once!!!


A couple more questions before I respond to Natwest - should I send a CCA request and when they tell me to go away and not be so silly there is no such thing as a CCA for an OD, then hit them with a letter such as above?

When I do send the above, should I include quotes of sections 86C(5), 86E(6) and section 173 - or just mention that I'm aware that they have breached those sections?

[oscar]

Re: DNW's UE Diary

should I send a CCA request and when they tell me to go away and not be so silly there is no such thing as a CCA for an OD,

As overdrafts are CCA exempt, they would actually be correct.

[DNW]

Re: DNW's UE Diary

Marbles

Name                     - Marbles
Type of account          - Credit Card
Date commenced           - Aug 2003
Approx balance           - £9,600
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 08/04/11 DD cancelled letter
2. 20/04/11 Frozen interest and charges provided £1 payment sent
3. 28/05/11 Notice of arrears
4. 09/07/11 Default notice
5. 24/07/11 My letter - no change in circumstances.
6. 28/07/11 In arrears notice
7. 17/08/11 CCA Request sent
8. 30/08/11 Received a copy of current executed agreement and signed statement. Copy of original signed application form has been requested and will be sent under separate cover.
9. 09/09/11 Letter received - "At present we are unable to provide a copy of the original agreement..." blah blah more waffle - full copy uploaded for Niddy's perusal
10. 09/09/11 Niddy says
11. 19/09/11 Letter received - please contact us (ignored)
12. 03/10/11 Letter received - please contact us, settlement figure may be available (ignored)
13. 18/10/11 Letter received - asking for card to be returned and informing DN has been issued (ignored)
14. 03/11/11 Letter received - You can't have a new card [] (ignored)
15. 10/11/11 Letter received - from 1st Credit, final reminder, writing OBO client Marbles. May send doorstep agent, may issue court proceedings (ignored)
16. 08/12/11 Letter received - LCS Solicitors - Full payment to be made within 14 days else they will recommend their client issues legal proceedings.
    
17. 17/12/11 Letter sent to both LCS Solicitors and 1st Credit - Our Templates | Unenforceability Templates | Threat by Creditor - To Commence Litigation
    
18. 23/12/11 Letter received - 1st Credit - 25% off account, just for you(!) (ignored)
19. 23/12/11 Letter received - 1st Credit - Thanks for your letter - it's been passed to the apt dept and they will respond in due course (ignored)
20. 09/01/12 Letter received - 1st Credit - They have reverted to their client re their failure to fulfil my CCA request... Account placed on hold while they await a response from client.
21. 13/01/12 Letter received - Marbles - Sorry you had to complain, we have previously provided a recon however at the moment we are unable to trace the original agreement or application form. While we locate this we will not enforce.... we note you do not dispute that the debt exists but argue that the agreement is UE on statutory grounds - we maintain there is no breach of the banking code. (ignored)
    

UPDATE


27/01/12 Letter received - Marbles - WEF 1st March, your Marbles credit card agreement will be between you and Progressive Credit Limited. You did not need to take any action as a result of this.

I'm not sure if this means that all Marbles accounts have been transferred to Progressive or whether this is a Notice of Assignment?

[Deepie]

Re: DNW's UE Diary

UPDATE


27/01/12 Letter received - Marbles - WEF 1st March, your Marbles credit card agreement will be between you and Progressive Credit Limited. You did not need to take any action as a result of this.

I'm not sure if this means that all Marbles accounts have been transferred to Progressive or whether this is a Notice of Assignment?

Just wait and see what they do next..........

[Pixie]

Re: DNW's UE Diary

Does it say that it's Notice of Assignment or that the debt's been sold?

It seems as if it could be a NOA. I've only had 2 of my debts assigned and in both cases I got letters, one headed 'Notice of Assignment' and the other 'Sale of your debt.'

It doesn't really make any difference if it's been sold or not because it's UE.