natwest suing for overdraft

[archer_66]

my son had an account with natwest ,but last year he had a DD bounced.he had to cancel his job seekers and put it into a different account as it would have swallowed the money.since then they have piled charges on top.hes sent letters explaining this and asking for the charges to be refunded.nothing happened and now theyve said theyre taking him to court for the money outstanding.its all charges.where does he stand?

[enaid]

Re: natwest suing for overdraft

Hi Archer nice to see you, beit in not so nice circumstances.
How far did he get when asking for the charges? Did he not do a LBA?

[Amethyst]

Re: natwest suing for overdraft

If he asked for the charges back then he can say his account was in dispute. Does he have copies of the letters ?

They shouldn't take him to court if the accounts in dispute, so write back in that vein also that the overdrafts made up of charges which are unlawful and no further action or interest should be added until the outcome of the test case etc etc. Also they shouldnt default him or make an entry on his credit record.

Any chance you could copy the letter he got up on here and we'll work out a response.

[Nattie]

Re: natwest suing for overdraft

If he doesn't then maybe the banks argument as defendent could be used, ie until the test case has been concluded a stay in the proceedings or a counter claim for the charges.

[archer_66]

Re: natwest suing for overdraft

well ,ive got copies of the letters and he did get as far as LBA but with the test case coming i wrote a letter for him saying that he would put it on hold in lieu of the results of the test case,then the debt collectors contacted him about it.
im not sure if he still has the letter ill ask when he comes next.i did see it though but cant remember exactly just the general idea.
if they do take him to court then he could ask for a stay ,and in his letters to them he has said that he shall be informing the court of the fact its mad up of charges,he just doesnt have the money to put it into court.hes on low wages.
by the way hello all
and thanks for the quick responses as usual!

[Amethyst]

Re: natwest suing for overdraft

Well it would be best to stop them going to court with it.

He does really need to write a letter quoting sec 10 DPA and the banking code about in dispute accounts (think its sec 14). theres an example in the library.

and keep a copy of it too.

sounds like he's done everything right and they are just trying it on.

Let us know if u get hold of the letter

[archer_66]

Re: natwest suing for overdraft

thanks amethyst thats great thanks

[archer_66]

Re: natwest suing for overdraft

ok found letter
cant type it all out but here goes
its from green and co solicitors
has account details at top and amount overdraft is for
we have received instructions from our client,natwest bank plc.to commence proceedings against you in respect of an unpaid liability.
however before proceedings are commenced,you have one final opportunity to put forward repayment proposals by telephoning our client on the number quoted in this letter.it is normal on these occasions for our client to consider allowing you to spread your payments over a longer repayment term.
if you ignore this correspondence then proceedings may be commenced against you without further delay.as a result of this we may
secure the debt against your property
pass your debt to a firm of debt collectors
commence court action to secure payment from your employer direct from your income
apply for your bankruptcy/sequestration
yours sincerely
green and co
ive also had one of these letters this week
what happens next?

[enaid]

Re: natwest suing for overdraft

Hi Archer,
Hope apart from this lot you are ok.

Did you send the account in dispute letter Ame suggested? and if so was this their response?

[Amethyst]

Re: natwest suing for overdraft

Its a threatening waffle, you need to send the account in dispute letter and refer them to the LBA, the OFT test Case etc. They can't collect on it while its in dispute. Sec 14 banking code.

Natwest have just passed it to a DCA, the DCA will just chuck it back to them.

Don't worry oh and don't phone them, just write the letter.

[archer_66]

Re: natwest suing for overdraft

ok will do
i shall be putting it into court for him soon .so i will be telling them that too.
theyre just a pain in the bum
yes enaid apart from that im fine thanks