Natwest CCJ hardship advice

[Bingo]

Hi all, after some advice - hope this is in the right place!

To cut a long story short, years ago I had a gold account with Natwest with a £10k overdraft facility.

Things got tough at the end of the 80's and Natwest decided to transfer the overdraft to a loan, although I was under the overdraft limit. I remember being very angry about it but alot of the ensuing detail eludes me now.

What I do know is that they got a default judgement CCJ against me (my application to have it set aside failed) so for the past 10 years plus, I've been paying £20 a month. The figure at Court was around £14,500.

I have never had any statements, but I seem to remember the debt showing on my credit report files in 2007 at around £25,000.

Really think it's time to extract my head from the sand - I am struggling to find the £20 per month as a (now) single disabled parent with 4 children.

Any help or advice welcome, thanks.

[labman]

Re: Natwest CCJ hardship advice

Hi,
I'm sorry to hear of your difficult situation. I think you should approach a free debt charity to get a Common Financial Statement completed, then once you have this, complete a N245 court form to apply for a redtermination of your payment order.

[Bingo]

Re: Natwest CCJ hardship advice

Thanks for the advice.
A while back, the CAB suggested that I consider asking Natwest to put a charge on the house as an option, but would that be the value at the time of the CCJ? The interest added since has been phenominal.
My mum's said she could help raise some cash towards a Full & Final offer - any ideas what % Natwest might accept?
Do I risk anything by calling Natwest and trying to discuss?
Thanks again.

[labman]

Re: Natwest CCJ hardship advice

Thanks for the advice.
A while back, the CAB suggested that I consider asking Natwest to put a charge on the house as an option, but would that be the value at the time of the CCJ? The interest added since has been phenominal.
My mum's said she could help raise some cash towards a Full & Final offer - any ideas what % Natwest might accept?
Do I risk anything by calling Natwest and trying to discuss?
Thanks again.

That seems somewhat bizarre advice if that's what was said. A Charging Order would turn an unsecured debt into a debt secured by your house. This would mean that ultimately, if you didn't keep up repayments, you could be forced to sell your house to repay them from any equity in it.

[Ihaterbs]

Re: Natwest CCJ hardship advice

Hi all, after some advice - hope this is in the right place!

To cut a long story short, years ago I had a gold account with Natwest with a £10k overdraft facility.

Things got tough at the end of the 80's and Natwest decided to transfer the overdraft to a loan, although I was under the overdraft limit. I remember being very angry about it but alot of the ensuing detail eludes me now.

What I do know is that they got a default judgement CCJ against me (my application to have it set aside failed) so for the past 10 years plus, I've been paying £20 a month. The figure at Court was around £14,500.

I have never had any statements, but I seem to remember the debt showing on my credit report files in 2007 at around £25,000.

Really think it's time to extract my head from the sand - I am struggling to find the £20 per month as a (now) single disabled parent with 4 children.

Any help or advice welcome, thanks.

The link below is worth a read.

How trustworthy is your bank? | Money | The Guardian


Did you sign a loan agreement?

Have you sent Natwest a section 77 request?

You need to send A DSAR to Natwest.

I've PMd you.

They cannot charge post judgment interest on a consumer credit agreement unless the loan agreement provides for PJI and the judgment itself allows for this.

[Bingo]

Re: Natwest CCJ hardship advice

I agree totally about the CAB advice - she said some people feel better knowing that the value of the debt is frozen this way...? (They weren't much use with the Natwest Statutory Demand on another matter either, just wish I'd been able to use the internet 3 years ago!)

Ihaterbs - I don't remember ever signing a loan agreement for this, I was so angry that they pulled the overdraft for no good reason as I could see it.

Would be reluctant to send a section 77 request having read about the recon situation, perhaps would spike my guns - is there a DSAR template I could use and which address should I use?

Will also PM mail back.

Many thanks.

[Ihaterbs]

Re: Natwest CCJ hardship advice

Data Controler


DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST
*
This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I..No 191)

Dear Sirs
*
Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-
1.All data relating to the following account no: *******
2.Transcripts of all telephone conversations recorded and any notes made in relation to telephone conversations by your company.
3.*A genuine copy of any notice of fair use of our data as required by the Data Protection Act 1998.
4.A list of third parties to whom you have disclosed my personal data including Credit Reference Agencies and, a summary of the nature of the information you have disclosed, the reason for this disclosure.
5.Copies of any statement of account for the agreements from there inception.
6.*Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, lease provide a declaration signed by an authorised officer of your company, confirming the dates and methods of destruction of this data, and the reason for the destruction.
7.Full hard copy print outs of my personal and financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage systems/devices/locations.
8.Full copies of transcripts of any correspondence in postal, e-mail or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial, or which pertains to me, including all information/data relating to any legal proceedings.
9.Details of any third parties which have an interest in my accounts.
10.Full details of any securitisations that any of my account(s) have or involved in
11.Any other information that you hold with regards to my accounts.
12.*A complete list of all transactions or statements relating to all my accounts and applications made to and with your organisation.
*
Enclosed is the statutory maximum fee for this request of £10.
You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity please let me know by return.
*
However please note that the above address is the one which you have recently used to make any and all communications with me with regards to my accounts which you have hitherto found acceptable.
*
IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISTAION REPONSIBLE FOR DATA PROTECTION COMPLIANCE.
*
Yours sincerely

[labman]

Re: Natwest CCJ hardship advice

Re the above, it's addresed to the Data Controller. I'd remove the final sentence as it is superfluous. If the Data Controller can't respond to it, then nobody can as he is the person responsible for data compliance.

A very good letter though, thanks!

[Ihaterbs]

Re: Natwest CCJ hardship advice

Natwest has form when it comes to preying on the vunerable.

[Sparkie1723]

Re: Natwest CCJ hardship advice

The Data Controller for the Nat West AND the Royal Bank of Scotland is one and the same person .................it is/or was at one time a "she" .....the name of that person is/was Mrs Joyce E. Tudor..........the ICO advise that in the case of a limited company or Plc an SDAR should be sent to that companys registered office.

Sparkie