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Natwest overdraft and default notice and loan statute barred date

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  • Natwest overdraft and default notice and loan statute barred date

    Natwest overdraft default and loan time barring ******PLEASE HELP******



    Today, 09:26:AM
    Hi all, my name is Vicki and I am new to this site. Wish I had found it months back. I have severe mental health problems, as well as physical problems, so I've looked into this on and off, when I can, to try and make some sense of it.
    Looking for some guidance as I have spent days/weeks/months, searching for the answer.

    I have a current account and loan with Natwest. My current account was moved from Advantage Gold Account to a Select Account in June 2016 with an overdraft of £4,000.
    My loan was taken out in December 2015, and I stopped making payments in June 2016. I went over my current account overdraft in June 2016 and never paid towards it again.

    In July 2016, I met with the CAB who wrote to all my creditors requesting a W/O or reduced payment, as I had lost my job following severe mental health issues. I provided evidence of this to all my creditors. I was diagnosed with Borderline Personality Disorder (BPD), Anxiety, Body Dysmorphia, and severe depression. I had made several attempts on my life and my debts were a contributing factor. Evidence of all of this was provided.

    In August 2016, I phoned Natwest after a letter about my loan account and discussed the letter from the CAB and it was agreed I would make £1 payment each for both accounts and that the operative would push the case forward to the debt collection team to consider the write off that was requested and to suspend the accounts. It doesn’t appear this was done as I received further letters and chasing me, ignoring the request and acceptance of £1. They didn’t acknowledge this correspondence until November 2016 and state no record of the phone call was on record, but I have the date, time, and name of operator? I have had reason to complain to Natwest more than 15 times since the CAB wrote to them. They didn’t write back to the CAB until May 2017

    My total debts were in excess of £40,000. Most creditors wrote off the debts apart from Natwest and Barclaycard. The W/O was refused by Natwest in a letter dated 23rd November 2016, but no reason given. The £1 agreement was finally put in writing in this letter. However, in the phone call in August 2016, the debt was meant to be being rushed through to the debt collection team, but the letter was from Customer Support?

    A default on my current account was registered with the CRA dated 31st May 2017 and a default on my loan dated 31st March 2017. Two different dates when the correspondence and contact suggested they were being dealt with together.

    I have complained so many times about different things from 2016 to date and have had every single complaint upheld. They have recently backdated the default date with the CRAs to 8th February 2017 for both accounts, but I don’t even know whether the debt on the current account O/D has been dealt with properly. They keep saying they sent me a Default Notice on the current account, but I only have ever received Notice under sections 76(1) and 98(1) of the CCA 1974. This doesn’t state half of the things a real Default Notice would, even the loan account had a correct Default Notice issued. Is this valid? Can a default on my current account be registered?

    Further note, I disputed the O/D as it had been increased and increased and I requested a decrease before all of this, and it was ignored so the original ‘default’ is incorrect as it is stated I was in unarranged O/D (arranged O/D £4000) with balance £4085. I got the debt reduced to £752 but I don’t see how they can know what the situation would have been if they had reduced the O/D when I asked. If the balance was correctly registered as £752 at the time they registered with default with CRA, I probably wouldn’t have been in default as I would have been within the arranged O/D.
    I also think I have demonstrated severe mental health issues, both in 2016 and since then until now. This detailed and showed evidence of suicidal tendencies and attempts, medication and support I needed. In 2018 I doused myself in white spirit and set myself on fire in an attempt to end my life. I spent months in hospital, had to learn to walk, talk, eat, and drink all over again. I have a stoma as I lost my intestine and have 1st degree burns to 40% of my body. I have had non-stop surgery with more to come and I have provided Natwest with evidence of this, but they still haven’t agreed to write off the debt. I have been in therapy since the fire also.

    I am not sure what counts as limited mental capacity, but I think I have evidenced my situation to warrant the debt being written off.

    I mainly want to know if the default registered with the CRA for the current account is correct if they didn’t send a default notice correctly or deal with the O/D correctly?

    I am also worried about the statute barred date as the defaults fall off my report in a couple of weeks, but I have been making £1 payments each month. However, I also think I have shown minimal mental capacity. Can you let me know what you think I should do? I cannot find anything in the documents I have that shows I was informed about actions to be taken with current accounts and overdrafts. Can you point me to the correct guidance or a simpler way to read the legislation as all of this causes me such distress, it makes me really ill, and my mental health just deteriorates each time I start overthinking all of this.

    Many thanks for any help you can give, or the forum members can give, would be so very much appreciated.

    Also, my loan default expires on 8th February 2023 but I have been making token payments of £1 a month since December 2016. When will my debt be stature barred? Should I send a CCA request to see if they have the original loan docs from 2015 when I took the loan out?

    Many thanks
    #natwest #overdraft #overdraft default #defaulted accounts #defaults
    Last edited by vickihill27; 28th January 2023, 11:11:AM.

  • #2
    No need to make multiple posts on the same issue - one is sufficient.

    Comment


    • #3
      The fact that you are paying £1 a month means that any court action will be unlikely to be time barred. Each payment is an acknowledgement of the debt, and starts the clock running again.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Thank you for the reply. The defaults are now gone but the debt for the loan is still £9,000 and the overdraft £800. Do you think they are likely to take me to court if I stop paying? I have also been disputing the debts since 2016, even though I've been paying £1 on each, which I did out of fear. I suffer with severe mental health and am now disabled after setting myself on fire. I've made a lot of attempts on my life and my debt problems got too much in 2018. I had written to lots of companies and asked for W/O due to sitation. Most agreed apart from Natwest and Barclaycard. I have said that Natwest helped keep increasing my money troubles and that I was not of sound mind at the time I took out loans or kept spending. I had drink, drug and gamblings problems, clearly shown on my Natwest transacrions, but this was never questioned. NAtwest have disagreed but I paid the money as i just couldn't deal with anything.

        Comment


        • #5
          Hi Vicki

          Ask them to write off the debts again (keep trying), send evidence of your health issues. Amend the following template. Make sure you get proof of postage.

          Send them a Subject Access Request, template on the right of the screen.

          https://www.citizensadvice.org.uk/de...debt---letter/

          Comment


          • #6
            All written off by both Natwest and Barclaycard. First time I have been "almost" debt free in 15 years. Amazing really. In last 3 months I have had defaults amended from 9 to just 2, which fall off my credit reports in March 2024. Natwest have written off £10,000 and Barclaycard £4000. I am so happy. I recommend perseverance, as I have been asking for these debts to be written off since 2016. My health really deteriorated in October 2018 and I've only realised in last few months, that this could help, and it did. So happy xxx

            Comment


            • #7
              Well done you, good result. Hopefully you can now focus on everything else that's going on, health etc.

              Comment

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