Another Rearers their ugly head

[Allyxia]

This is a classic.

 

My husband had a Nationwide ACC. He defaulted in Nov 02. Nationwide passed the account ot their solicitors Evershed which slapped an attchment toour property.

 

When we changed mortgages in Nov 04, we had to pay back all monies owed to Natiowide before they would release our funds. We Did end of story......

 

Last week we had a snooty letter from nationwide along with a statement claiming unauthorised overdraft fee from Nov 02 til Jan 05. The whole period that the account had in arrears. surely these charges would have been included with default notice and amount we have paid back? How the hell can they come after us after so long when we thoght this account was dune and dusted.

 

I have written to them and written to them but they are coming back at us and have now are threatening him with action on his creedit file - this devestating as we are in the process of sourcing a new mortgage!!!!

 

I sent them the Data Protection letter but they have just ignored us.

 

Any advice? anyone else suddenly being chased for 5 year old charges?

[dolly]

Hi Alyx

Sorry, this post seems to have got missed

I find it very odd that they have come back with these charges - have you had any response at all yet to your DPA request - also what amount are they saying that you owe?

[Allyxia]

Hi thanks for replying was begining to think nobody cared - sob!!!

 

Ok I'll try and describe what happened from the begining.

 

During Dec 02 - Feb 03, a number of cheques were written using the cheque guarentee card.

 

There were no funds in the account.

 

At the time hubby couldnt pay it, so as the account went overdrawn, they referred it to DCA whereby the account was defaulted (and registered with CRA) and it was also placed as a charge on our property.

 

In Nov 04, we changed mortgage and a condition of the mortgage was the standing charge was cleared, which our solicitor did before releasing any funds back to us.

 

So the debt with Nationwide was wiped out.

 

Ok so we wrote to them requesting Statements they came about 4 weeks ago showing balence of account as nil. Fine.

 

Then a week later (3 weeks ago) we had a letter saying our account was then £660 overdrawn due to charges. and they enclosed a statement.

 

The first 10 charges related to the card misuse fee for the cheques written as described above. The rest of amount related to a charge of £12 for each month from the Jan 03 til the account was settled by our solicitor in Nov 04. the statement shows the date ie 12 Jan 02 £12, 12 Feb 02 £12. Implying the were debited to account each month as and when that month happened. Which is not what happened they applied the charges to the account (and the statement says this at the bottom) 10 August 06.

 

Now I have a few queries.

 

1. Surely these charges should have been applied as your account goes overdrawn or the card is misused (or at least within 28 days etc etc).

 

2. If our solicitor paid the amount outstanding as requested by their solictor, surely that is in full and final settlement?

 

3. If the orginal debt was registered as a default - surely that would include any charges, what I mean is can they break down a total debt and regsiter it as mutliple defaults.

 

4. If they have made a mistake and have not included the charges when they should have been, can they apply them now 5 years retrospectively?

 

5. Surely they cant charge us for being overdrawn for over a year and half if they dont let us know about it?

 

I hope that clears thing up with you.

 

In the meantime I have used this list of charges (the one they sent me) to claim them back any way, however Im not convinced they could be lawfully applied in the first place, irrespective of the FSA report.

 

This is also the account im writing about to do with my thread on S10 ignoring.

 

Thanks ever so much.

[dolly]

Alyx, leave this with me and I will get one of the mods to have a look at it. Seems very odd to me.

[Allyxia]

wow that was quick?

 

Yes it seems very odd to me as well. And they are being very agressive with it as well.

 

They have already sent us the default notice in respect to the £660. Despite me writing to them and issuing the S10 notice.

[thewifeandI]

It sounds like the first action is to inform them that the balance is in dispute to stop any further action - send it recorded or hand it in at the branch and get a receipt. Then DPA them for the list of charges with dates deducted and the authority under which they were charged and take it from there.

[Guest Zooman]

I'm not sure what is happening here, I got a new phone today and I will PM you my number for you to call if you would like. I have a few questions to ask before I can give any advice. But above all do not worry. Send me a PM if you would like my number.

[Robertxc]

It sounds like the first action is to inform them that the balance is in dispute to stop any further action - send it recorded or hand it in at the branch and get a receipt. Then Data Protection Act them for the list of charges with dates deducted and the authority under which they were charged and take it from there.

Also, point them to section 13.6 (or 9) of The Banking Code, which specifically prohibits them from saying anything bad about you to credit reference agencies if the amount owed is in dispute. The main thing you need to do of course is write to them and tell them that there is no chance of you paying their charges, and that they're welcome to try to sue you for them. Point out also that if you see anything on your credit file which is factually incorrect, you're entitled to sue them for damages.

[purplefile]

In Northern Ireland after a CCJ, repossession or charge on land is enforced no further interest can be added by the lender unless they have gone back to the enforcements office and the court has ruled that they have an adequate reason to do so.

Although this info came directly from The Enforcements Office I think a lot of lenders etc still add on the interest as they get away with it.

 

Check with Registry Trust to see if the laws governing this are the same. Then confirm if Nationwide gained permission to retrive interest after charge was registered against your property.

[Allyxia]

Had another letter of Nationwide today (they are actually just ignoring my letters as per Prelim and LBA now) they are leiving £20 per month that these charges are overdrawn, so even if my claim goes through whilst it is going through Im being charged and will have be just keep putting claims in.

 

Im not in a financial position to clear this debt off then wait for the charges to be refunded, so this account is just going to snowball and snowball. In fact this account will never be cleared because even if they refund the first claim more charges are being applied and will take the account back over drawn.

 

I just need to stress that the account is only over drawn because of these charges!!!!

 

I just want to know where on earth has these charges come from its been 3 years!!!!!!!!!!