Overdraft default

[jkspepper]

I received this from NatWest:

 

Some advice would be appreciated:

 

Thank you for your patience while I have been investigating your recent concern. Please find my proposed resolution outlined below for your consideration.

 

Please accept my sincere apologies for any inconvenience or confusion this matter has caused you.

 

I refer to your correpondence dated 12 December 2007, regarding the above Act.

 

When responding to requests made under Section 77, the Bank may provide you with a "true copy" of your agreement in accordance with Regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the "Regulations"). This means that under Section 77, there no obligation for the Bank to provide you with a copy of the original agreement bearing your signature. A "true copy" does not need to contain any personal information relating to you as the debtor (including your name and address - although we often include this for your convenience) nor does it need to include a signature box, any signature or dates of signature.

I trust this explains the Bank's obligations under Section 77 and is of assistance to you.

 

It would appear that the loan has been repaid and as you have not given me any details of the loan I am unable to locate a "true copy" of the agreement terms.

 

I return herewith your cheque in the sum of £1.00. As the loan is no longer current and has been repaid the Consumer Credit Act 1974, Section 77 does not apply and we are unable to provide the information as advised above.

 

I hope that you are happy with my proposal above. In anticipation, I have arranged for your concern to be closed. if you have any questions or remain unhappy in any respect, please do not hesitate to telephone me on 0845 301 0552. Our office hours are 8.30am to 5.00pm Monday to Friday.

 

To ensure that you are fully aware of the options available to you, I enclose a copy of our leaflet 'Making Things Better' explaining how we handle customers' concerns within NatWest Bank and explaining when you can refer your compliant to the Financial Ombudsman Service should you remain dissatisfied.

 

Thank you once again for taking the time to raise your concern and allowing me to address it for you.

 

Yours sincerely

 

Karen Whitmore

Customer Service Associate

Customer care Team

 

This is for a student account overdraft that was closed by them citing account inactivity. At the time I was still a student and therefore asked to pay by instalments to which they agreed. However, they also defaulted my account but I did not receive any notice of this.

 

Any advice appreciated.

[Guest louis wu]

Its my understanding that a CCA is not relevant to a bank account (it only applies to loans and credit cards etc), so the responce is accurate.

 

You can make a sar's request,which will details any charges, and also any default notices (or not) that were sent.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

it would be helpful to know your aims in this matter, is it to recliam charges or just to remove the default?

 

louis

[steven4064]

Hi jkspepper

 

What NatWest have written is entirely correct - they don't have to commply with a s77(1) CCA request on a closed account (s77(3) says that) and even if they diid have to comply, they don't have to send a copy of a signed agreement. However, they have to produce a copy of a signed agreement to enforce it.

 

The issue seems to be the default and whether they were within their righs to default the account and whether they sent you a notice of default.

 

I would advise sending a request for all the information they hold on you pusuant to s7 of the Data Protection Act 1998 (a Subject Access Request) specifically mentioning copies of any default notice and all correspondence to you plus copies of bank statements. That will cost £10 (the statutory fee) and they have 40 days in which to comply.

 

Once you have a reply to that we can look at the next step. You might have to oush them a bit because NW are used to just sending statements in reply to a Subject Access Request - make sure you are really clear about the other stuff.

 

Hi louis - posts crossed!

[Guest louis wu]

Hi louis - posts crossed!

yes, but yours was much more eloquent

[jkspepper]

Thanks for the help guys, I have already drafted off a SAR and will be sent tomorrow morning.

 

Is there any other avenue I can take regarding disputing the default notice?

[Guest louis wu]

Personally, I would wait for the results of the sar's request.

 

in the meantime, just do some reading/research on default removal, you should be quite an expert by the end of this.

 

louis

[steven4064]

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yes, but yours was much more eloquent

But yours is more concise:p