3 old Accounts from Natwest from 2000

[roly]

Hello Folks,

I am being pursued by Capquest Debt Collection people for 3 accounts that are apparently in mine and my ex partners names.

They are a current account in my name from 2001 - loan account joint - and joint current account

I have written to Natwest and Capquest over the last 2 years to state I have no knowledge of these accounts and asked for credit agreements and have not made any payments to them and if in fact they are my account then they should be statute barred. I have also written to the financial ombudsman - about the whole issue but got nowhere - as it seems the accounts at some stage were keeping each other active!

Off the back of my latest complaint to capquest - they have written to me advising that they are unable to provide a copy of the credit agreements for these accounts. They have provided me though with statements for these accounts.

In short:-

It seems that in 2000 I had an account with Natwest which after moving I forgot about even though it seems now there was a credit balance in it - then in 2008 the balance was transferred to a loan account apparently - I knew nothing of this transfer or even that the loan account existed. This account then had been receiving automated credits since 2013 so has a balance of 120.00. This is confusing as Capquest are chasing this as they state in a letter it is Overdrawn by £120 when in fact the statements they have sent show it to be in credit.

A joint account from the same time it seems is getting payments from another account I have no knowledge of and is currently showing a negative balance of 155.21 - so capquest are chasing for this balance

A loan taken out in 2001 - of which I have statement only since 2008 shows the transfer in from the account above then has automated credits being received for the next 5 years then a payment randomly from March this year. Balance 5902.28od

So due to these rogue automated payments they are saying the debt is not statue barred -

I have not made any payments to any of these accounts and until recently 2 years did not even know they were still active / existed.

I wrote to Natwest several years ago and were told by them they had no record of any accounts yet there was in fact a balance of £319.63 back in 2008 which they then used against the loan account. Sadly I don't think I have the letter still.

I can share the statements if that's helpful / but some advice what to do next.

Sorry to be a bit rambly -

[PAWS]

Re: 3 old Accounts from Natwest from 2000

Hi Roly
Just giving this a bump to see if any of the smart beagles can steer you in the right direction. Oh, and compared to my posts you are not rambling at all!!!

[leclerc]

Re: 3 old Accounts from Natwest from 2000

On a blatant technicality the debt may well have gotten to be active due to the payments in 2015. I wonder whether or not that your ex partner on the account was chased for the debt and made a payment despite it being statute barred at 2014. A bad mistake. I might ask site team on this one.

One this I would state is this: did you provide natwest with previous addresses in 2008? The reason I ask this is because they WOULD have been able to find both accounts at that time. Another thing that kinda bugs me is whether or not you have asked for credit in the last 6 years and whether you have had any problems gaining it, ie loans, mortgages, credit cards?

[nemesis45]

Re: 3 old Accounts from Natwest from 2000

No CCA '74 regulated agreements on current accounts, overdrafts a " letter agreeing to the " facility " is used.

Have you made a SAR to NatWest?
Are you saying payments restarted in March 2015, if so there must be
a record regarding the method of payment and it's origin.

The liability for " joint accounts is " jointly and severally" so could the other party have maintained the
account sufficiently to cover the " alleged" payments. If this is the case the debt cannot be statute barred.

nem

[leclerc]

Re: 3 old Accounts from Natwest from 2000

Nemesis, does the payment in March 2015 mean that it has effectively re activated what was previously statute barred debt?(no payment from 2008 to 2015?)

Was the bank ever told that your relationship had broken down?

[nemesis45]

Re: 3 old Accounts from Natwest from 2000

No nothing can change the status once SB always SB.

What is crucial is was the claim issued prior to the debt becoming SB, if it was the SB " clock " stopped the day the claim was issued.
Specific dates not " sometime " in 2015.

nem