Natwest Bank/Incasso Solicitors

[spudsmum]

I would like some guidance please if possible.
My situation is that I have a number of debts which we are having support from Payplan with. Each month we pay them a set amount and they make payments to our creditors. Most creditors have been fantastic except Natwest.
Dec 2008 I received notification days before Christmas that they were taking me to court for a CCJ for a joint loan that I had with my husband. I duly attended and a CCJ was set against me but at the time the judge told them that they could not pursue my husband for the same debt.
Then in July we attended court again as the Natwest wanted a charging order against our house for the same debt. The judge said no way. We have just attended court yet again as Natwest still want a charging order as they now claim that payment has not been made.
The judge has again said no, because we knew nothing of this claim and could not get full eveidence together. However what I did take clearly showed we are making payments.
Natwest get a set payment which they then split and pay 2 different ways. My account appears to be cared for by RBS and my husbands payment is cared for by Natwest. Both the accounts carry the same account/refrence number but this is what is being used as evidence to get the charging order, as hey claim that I am not paying the amount ordered by the CCJ.
I would like to know if I can somehow complain about this as it causing me lots of stress. Who should I complain to? FSA? Natwest themselves? Or do I just have to keep going through the courts battles until eventally the Natwest get the charging order they so want?
The debt in question coincidently has more than doubled with charges and court charges that were added before the first CCJ. Although I understand that no more can be added. The debt is less than £4000 also and is our smallest debt also.

Many thanks for your support and guidance with this matter.

[WendyB]

Re: Natwest Bank/Incasso Solicitors

Natwest are such cretins sometimes. My personal opinion is that it is up to them to prove that you are not paying the amount ordered by the CCJ. If you were ordered to pay xxx amount and you can clearly demonstrate that you are paying xxx amount then I fail to see that they have a leg to stand on. How they allocate the money when it reaches them is not your problem, as such. Except that they seem to have made it your problem because they are so incompetent. (Just don't get me started on Natwest and how they allocate payments, or not, as the case may be! I am somewhat baised against their allocation system myslef at the moment)
I don't understand why they would have an account for you and an account for your husband if it was a loan in joint names in the first place? There was only one sum of money borrowed so all payments should go to reducing the amount outstanding, and there can be only one total amount oustanding, no matter how many bits they split it up into.
I think someone with more knowledge than me needs to advise further. Maybe there would be a case for vexatious litigation against Natwest? Who are their solicitors? Shoosmiths? Irwin Mitchell? or some other crew practising law from the Ladybird Law Book?
One last thing - do they send you regular statements of account, showing payments made, charges, interest, balance outstanding?

[spudsmum]

Re: Natwest Bank/Incasso Solicitors

On the subject of regular statements the answer is NO! Although they have in the past and that is why I know the game they appear to be playing and this will be shown to a judge should we yet again have to attend court. Thanks for your support.

[WendyB]

Re: Natwest Bank/Incasso Solicitors

Spud I have reported your post so it will get more attention.

[WendyB]

Re: Natwest Bank/Incasso Solicitors

Spud have a look at this thread, it's similar to yours here

[Amethyst]

Re: Natwest Bank/Incasso Solicitors

Hi spud, apologies for not getting to your thread sooner xxx

What's the next step according to the court ? have you a further hearing ?

Yes keep a record of all your payments to Natwest, keep statements showing the outgoing payment and a spreadsheet showing clearly the payments. That they are splitting it is their concern not yours.

Wendy has pointed you to a thread with a joint account where they also tried to claim the debt twice. The Judges are wise to this, as yours has demonstrated.

Complaint wise, you can complain to the OFT and the FSA, and Natwests CEO would be a good idea too.

Legally on a joint debt they can chase you both but it doesnt entitle them to double the repayment. The CCJ is just against you not hubby so none of those payments should really be going to 'his account'

Let me know if you have another hearing or have to submit anything to court or if Natwest do.

You can fight them, but really, why the hell should you have to because of their incompetence. You sound like you are doing really well so far.

Ame
xx

[spudsmum]

Re: Natwest Bank/Incasso Solicitors

Thank you for your responses.

The judge dismissed the case and effectively told the represenative off because of the lack of communication. I am not aware of any more court dealings, but that was the case before anyhow so who knows?

At the point now of being almost too scared to complain as then think what would they do next? Do you think it is beneficial for me to complain or should I consider something like that if I have to return to court again?

Big Thanks again. Spudsmum

Also did submit bank charges claim however chose to ignore hardship requests as they only wrote to my hubbie and not me, and again felt that this was a "catch" me out situation as they already have all information from Payplan. Any advice now in light of the court case recently and the negative outcome? Cheers Again!