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Angry and Distressed

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Everything posted by Angry and Distressed

  1. How does this sound? ACCOUNT IN DISPUTE Sir or Madam, Due to recent communications from yourself I have requested a copy of the Consumer Credit Agreement that governs the loan agreement between myself and your organisation. So far I have yet to receive a full copy of the CCA so until or unless you can provide me with a full copy of the Agreement I have no option but to consider this account in dispute. I am sure you are already well aware of what this means so I will not bother to repeat them. Please be aware that I am fully conversant with the legal aspects of the CCA and will not expect you to continue any processing of my account until you have fully complied with my request. Good enough or should I be a bit nicer?
  2. The Backgorund: Back in November 2006 I approached Black Horse to borrow some money on a fixed term unsecured loan. Not long after I signed the agreement I found myself splitting with my wife and unemployed. This, as you can imagine casued massive uphelavel especially to my finances. I immediately approached BH to discuss the situation but they werent interested in helping me out until I threatened to either go IVA or Bankrupt. This prompted them to accept a reduced payment on the account. The Current: I have been paying £20/month using Standing Order until a couple of months ago. Ive not given them a current address but they have found it anyway and immediately sent me a Default Notice. This really annoyed be as I have been sticking to the agreement without missing any of the (reduced) payments. With this I contacted them and asked for a copy of the CCA (see above). I also stopped the SO until the situation gets sorted. The Future: Now, having read This Thread it seems that the CCA is by and large OK but for the fact it keeps referring to Page 2. I have requested (informally) the CCA on 2 occasions and on both of these times Page 1 was sent to me within a couple of days. So, what should I do next? 1, Ask Black Horse nicely for a copy of Page 2? 2, Ask Black Horse to supply a complete copy of the CCA (without mentioning Page 2 explicitly)? 3, Submit the formal CCA request letter? 4, Wait for them to pass the file over to an external collection agency and go through the whole merry-go-round with them instead? (Im guessing their collections agency will be less likely to have Page 2 than BH) In the meantime, if I happened to ressurect the So and started paying the £20 again where does this leave Black Horse with regards to their collections agency or the previous agreement we had in place? At the moment we have no agreement but by them accepting the payment where do we both stand? This of course assumes they dont return the money to me as there is no agreement to pay that amount. Oh yes, when they sent me the CCA they also sent a copy of the DD form with my signature on and a statement of account with lots of 'COLLECTION ACTIVITY FEE' charges attached. These fees are more than what I am paying so by not paying my debt increases slower it seems. Help and advice would be gratefully received.
  3. Check your statement when the 'Maintenance Fee' is taken. bet its called something else and that something will be what we are all fighting about. Natwest have been using the term 'Maintenance Fee' for some time now but as my account needs no maintenance it seems to be a bit of a misleading statement.
  4. subbed - I have an ongoing dispute between Natwest and CSA whereby 8 different DDs are showing on my account (all with the same reference number) but I have only ever provided 2 Mandates with my signature on. Natwest have been wriggling like a worm on a hook over this issue and the CSA have denied all knowledge. There is more information in this one thread about the DD system than I have found throughout the rest of this site.
  5. The Bank to keep stressing that they have no control ove the Direct Debit system and that they just process them. Still, Natwest have been far from helpful so the fact they have been letting DDs be reinstated or new ones set up without authorization still leaves them open to charges of negligence. I fully intend to keep harassing Natwest until they give me enough rope to either hang them or hang the CSA. Either way, somebody is being naughty and they will be getting a spanking.
  6. Funny you should mention that because the CSA are adamant that they have neither the facilities nor the power (or possibly even the knowledge?) to be able to do this. Would be interested to know a bit more about this system becasue somebody is going to have some very awkward questions to answer, just dont know whether it will be Natwest or the CSA.
  7. Been lurking here for a while but only posted a couple of times so far. Anyway, ive got an ongoing issue with Natwest and the CSA/CMEC with regard to Direct Debits. The short version of the story is that I have only ever provided 2 signed Direct Debit Mandates to the CSA. I have also confirmed with them that they process all DDs on paper and have no electronic means of setting up or changing DDs However, I have a total of 8 different DDs listed on my account all with the same reference number (NI Number). For a period of 5 months last year a new DD was set up on my account and duly paid despite me cancelling them off and informing the CSA of my change in circumstance. Now, I have a complaint being throroughly ignored by the CSA and have had one of the incorrectly paid DDs refunded (eventually) under the Indemnity Scheme. This let to a whole other load of trouble which Natwest could not explain but did offer £100 compensation. I have also noticed that DDs keep appearing as 'REINSTATED' but it wasnt me that asked for this. So, just who is to be held to account over all these Direct Debits? At the moment I have now lodged a formal complaint with the Bank with a threat to reclaim all the incorrect DDs and the fees incurred through the Small Claims Court. Still waiting for a written response from them on this so I thought it would be an idea to see if you good people can suggest any other courses of action. THis has been going on for over a year now and my patience and tolerance is running out rapidly.
  8. I warned months ago that this was going to happen but nobody seemed to be paying attention. What they have done is aligned the fees being deducted with when you statement is produced 'to make it more fair for you as a customer'. Get to your branch and get your statement date moved to the last/first day of the month. Notifications were posted a few months ago but they were very badly worded and it wasnt immediately obvious what they were doing.
  9. Attached a copy of the form below. The return address was completed by hand showing their address. No other information has been completed on the form. The form has a blank box for the reference number but they always use NI number for reference so a new DD will carry the same reference as an old one. The CSA do have a Q+A and it says they will notify you in writing 10 days before making changes to give you chahnce to query the change. I did this with them and they just said 'tough, we are going to take it anyway'. I have emailed BACS the same thing and the schedules but their response is that all DDs are variable and basically the claimant can do as they please without much in the way of consumer/fraud protection. My bank have admitted that if I had a DD form from somebody and they cancelled the DD, all I would need to do is re-submit the same form and the bank would be duty bound to honour it! Nice easy way of fraudulently removing money from peoples account then.
  10. This thread is Natwest specific unlike my last one. Received in the post today the charges I will be suffering for the agreed overdraft today. Along with that there is one of their nice little booklets entitled, 'Keeping You Informed'. Hands up, how many of you actually read these when they turn up? I do and most of the time its not stuff to worry about but this one is different. From 4 April 2009 onwards Natwest will be changing the date they take charges, fees etc from your account. It seems quite complex but basically they will no longer be taking fees and charges on the 1st of every month but at some point that is aligned with your statement dates cycle. Correct me if im wrong but this is giong to make a lot of charges come out of your accounts probably in the last week of the month (im sure Natwest have done their sums on that score!) so it is going to catch a lot of people out and push them into unauthorised borrowing and a nice quick £28 earner for the bank! Then the whole cycle of charges causing charges causing charges starts all over again. There is a table in the booklet indicating that charges will be taken usually on the last day of the month except in May where it seems they will be deducted on the 29th May which happens to be a Friday. One thing the booklet mentions is that these revisions will be available online on the 1st June 2009, so too late for most people as they will have already been hooked by then.
  11. This isnt aimed driectly at Natwest (or any bank for that matter) but as they are my Bank and 'assisting' in sorting out some DD problems I thought this may be the best place to put the query. I have an arrangement with the CSA made back in August. I have the payment schedule and it is dated until September 09. I also received a DD form with it which I duly completed and returnedd to them. Then, in November they decided that I suddenly have some arrears and sent me a new payment schedule to reflect this. A few days before this though i received another Direct Debit Mandate which puzzled me. Anyway, I have not completed this new form (I still have it in my possesion) but the CSA have gone ahead and claimed the new amount. Question is, I have signed a mandate to cover the schedule they issued. They have since issued a revised schedule (and DD Mandate form) but as I have not signed or returned it do they have the authority to actually claim this new amount. I have spoken to the Police and BACS about the case as well as the Bank. The Bank believe it is fraudulent, the Police dont care and think its a Civil matter (no surprise there then) and BACS are interested in seeing the DD form. The Police did mention that there has to be some specific wording on the DD Mandate so does anybody know what that wording should be? On a wider note, does anybody else have any opinions, suggestions or pointers as to what is and isnt correct. I can post a scan of the DD form for anybody who is expert in that field.
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