CCJ court Bailiffs - old natwest student account

[linz22]

Hi,

 

Im new to this forum so i apologise for any mistakes.

 

I have had a natwest student account which was closed in september last year.

I finished my degree in May last year and

 

 

i received a letter in May from natwest to contact them,

i contacted natwest and

they told me i have not been putting money into the account

i need to setup a monthly arrangement to show money going in the account, which i agreed to.

 

 

The arrangement was to put 20 pounds in for the next 3 months which i did do.

In the last month of the arrangement i put the money in plus another 80 pounds

but i withdrew 100 at the time i thought that was ok to do.

 

A month or so later i received default letters stating if i dont contact them within a specified amount of time

they would put a default on my account and close it.

 

 

A day before the deadline for the default i called natwest and

they explained to me i had broken the payment agreement because i took the money out of my account which i shouldnt have,

i argued i was not told i could not do this when i originally set up the agreement with the advisor,

 

 

they kept saying i had broken the agreement,

in the end they stated they would let me continue using the account on the basis i pay money in the account regularly

but they had applied 60 pounds for the default letter,

 

 

i argued again i did not know i couldnt withdraw the money and that i had stuck to the payment arrangement

they decided to take 30 pounds off but they were not allowed to take the whole amount off

and told me to write to an address to get the whole amount taken off.

 

I wrote the letter and sent it off.

A month went by

i received letters stating my balance was overdrawn,

another month went and received more letters stating the account was now closed

and had been passed to triton debt collectors.

 

 

I phoned natwest and told them i had been waiting for a reply from natwest for the charges they put on my account

thats why i have not been putting money in my account

they just stated the account is now closed and passed to triton they have received no letter from me.

 

I called triton and set up a payment arrangement and

i have been paying them since october last year.

 

 

In the last 3 months i have not made any payments to them

because i sent them a letter explaining my financial situation that i am not on jobseekers allowance anymore

and that i cannot afford to make the monthly payments of 10 a month

and i need this reduced to 5 a month.

 

 

I just phoned them today and they stated my account has now been passed to apex credit services.

i asked them if they received my letter and they said no.

 

I have checked my credit file and it says 6 missed payments and shows 6 on credit file for the account,

i have not missed payments prior to the last 3 months,

i cannot work out why they have recorded this when i have paid prior to the last 3 months.

 

 

It is my fault in a way i should sent the letter by recorded delivery and phoned them earlier.

 

I just feel i have been treated unfairly and i have co-operated with them fully.

 

Can anyone advise me if the 6 on my credit file would eventually show as a default?

i spoke to the advisor on the phone and she stated as soon as the account is passed to us

we apply a default but that was back in october and i checked my credit file in march it had no default.

 

As to being treated unfairly, can i do something about them closing my account?

 

I am really worried about this it is affecting me in a bad way i am really depressed about this i cant eat or sleep properly,

im just the type that worries a lot

i had plans to buy my own house later this year on mortgage,

i have a few jobs which look very promising that require credit checks.....

.....there must be something i can do with the way natwest have treated me

and to avoid getting the default put on my credit file.

 

Any help will be greatly appreciated.

[miss muppet]

Send a letter recorded delivery making an official complaint of everything you have posted on here. They usually have 28 days in which to deal with your complaint, if they fail to deal with things properly, you can then progress your complaint to the Financial Ombudsman Service, you can fill in their complaint form online. Also complain to your local Trading Standards about the poor level of service you are receiving, don't speak to these people on the 'phone, its a waste of time. You should also write to Trading Standards as well rather than 'phoning. Don't get depressed, you have been trying your best to deal with this and need to re-group, stand up for yourself and take control - chin up:)

[linz22]

Hi,

 

Thank you so much for replying back i appreciate it. Who do i actually send the letter to natwest or triton credit services? Which address can i send a letter to?

 

Can you give me any advice what you think might happen in my case?

 

Also as to the default on my account can you advise if i have a chance of getting it removed if they do put one on along with the missed payment marks?

[miss muppet]

Hi linz, sorry only just got back to this been out for the day - as Triton are the ones who have been getting your dosh, complain to them first.

[Ubiquitious]

This is difficult because a Natwest Student account requires you to put all and any income you have into the account...

. basically every 3 months they expect to see atleast £1000 go into the account.

 

The problem with overdrafts is they can be demanded back at any time if you have not kept to theit agreement.

 

This default is hard to defend.

 

Try a CCA request.

[linz22]

Hi thanks for replying back.

 

Yes but at the time the only income i did have was my jobseekers allowance which was being paid into another account,

 

 

i did state i would transfer the JSA into the natwest account but when they put the default charge of £60 on

i was told to write a letter to get the amount taken off

so i waited for that to sort out before i paid my jobseekers in to my natwest account.

 

What would a CCA show me?

[Ubiquitious]

Not much since it is an overdraft, but it might be worth seeing if they ever sent you a letter regarding your OD including the agreed amount and interest rate.

[linz22]

An update on my account.

 

As stated above i have been repaying triton £10 but the payments were stopped due to myself not paying anything for 3 months,

and i did send a letter stating i couldnt afford the payments

because i wasnt on jobseekers allowance anymore,

triton stated they did not receive a letter.

 

While i have been making repayments to triton

they have been charging me £15 a month interest,

 

 

could i reclaim this interest?

and they defaulted me on the 30/06/2010

the total amount includes the interest,

would i be able to try and get the default removed

due to the interest and the fact i couldnt afford the repayments?

[linz22]

An update on my account.

 

As stated above i have been repaying triton £10 but they payments were stopped due to myself not paying anything for 3 months, and i did send a letter stating i couldnt afford the payments because i wasnt on jobseekers allowance anymore, triton stated they did not recieve a letter.

 

While i have been making to repayments to triton they have been charging me £15 a month interest, could i reclaim this interest? and they defaulted me on the 30/06/2010 the total amount includes the interest, would i be able to try and get the default removed due to the interest and the fact i couldnt afford the repayments?

[freethemice]

You do not need the other sides permission to reduce payments. If all you can afford is £5 you should pay this regularly. If all you can afford is £1 you should pay this.

You are concerned about your credit rating but are withholding payments. This will eventually wreck your credit rating.

The missed payments showing on your account are because you are paying at a reduced rate and not the agreed rate. These are considered fair by the courts and are not enforcement action.

The recent oft case on charges says the charges are fair. If you disagree you should start the reclaiming process. There are guides on here if you search. You would then just pay until you have settled what you owe leaving the disputed amount on the account until they respond.

They can still report you the the credit reference agencies during this though.

If your priority is to protect your credit rating you need to resume payments asap. Also do a google search about how to rebuild your credit score. Things like taking out a credit card and repaying the balance at the end of the month do have a good effect on this.

Personnaly my advice to you would be the old addage "never a debtor or a borrower be" Once the banks loan you money you are no better than a cash cow to them.

[linz22]

Hi thanks for replying back.

 

I didnt know i could repay them what i could afford, i thought i had to put it in writing, i went to the CAB and they provided me with a financial plan which i sent to triton and i was repaying £10 a month but when my jobseekers allowance stopped i couldnt afford the payments, maybe i should have called them instead but i wanted to keep everything in writing.

 

My credit score is at 250 now which is very poor due to the default on my account, i have several catalogue accounts which i have never missed a payment on, and i have a mobile phone contract which has always been kept update, how can i increase my credit score while the default is still there on my file?

 

Also the way i have been treated by natwest the account should never have been closed in the first place, i am in the process of complaining to triton and natwest though i dont think they will listen or take the default off, any other suggestions or approaches i can take to get the default removed? i cant do anything while that default is on my file i have been refused jobs due to the default.

[Durkin]

Try a small claim for £5K against Triton for wrongfully annililating your credit reputation. In court advisor should help you with this.

Quote my case: Durkin v DSG & HFC.

After you've done that tell your MP. It seems that you were better off on benefits. If so your MP should be interested to hear about that too.

I think this will be your quickest way to remove the default. It's a terrible shame that all your efforts to ensure the default wasn't registered were to no avail. Prevention is often better than cure. Time for the cure though. Good luck.

[linz22]

Hi

 

Sorry for the late reply durkin, could you give me some more information on how i can go about making a small claim agianst triton? i made a complaint to natwest and after weeks of looking into this i got an reply from natwest basically saying because i missed payments that is why i was given a default, but my mistake was i didnt sent triton my letter by recorded delivery so i cant prove i sent the letter, but i was on jobseekers allowance and my payments were stopped and i couldnt afford to pay triton £10 a month i also had another debt i was paying £10 on too which i had stopped also.

 

If anyone else can help me out this i would be gratefull, this default has really messed up my life, i have applied for several jobs for which i have been declined due to a credit check, i really need to get this default removed but i dont know how.

[linz22]

Could someone help me out please i really need to figure a way of getting this default removed, i have complained to natwest and no luck in that, i am really being affected by this default.

[Durkin]

Just ask for the form at the Clerk of the Court's office. They should help you explain how to complete it. There should be an in court advisor too associated with Citizen's advice that can help.

 

There may well be a possibility that the judge will side with the bank simply because you didn't make payments. As you've already spoken to Triton and they're refusing to help, the small claim may just make them sit up and listen.

 

Obviously, I'm sick of the bank's bullying tactics. I've currently 4 defaults that I'm paying regularly £10 to. I've not missed a payment, I've simply not been able to service the debt while I'm in a legal war trying to rid society of wrongful defaults. The default is unnecessary and doesn't get them paid any quicker. Stopping you getting a job is outrageous.

 

So, anyway, it's worth a go. Otherwise, the default will remain until the government chooses to do something about it. Don't forget to ask your MP and MEP (Human Rights) for help.

[linz22]

Hi,

 

I am hoping someone can help me and all help will be appreciated.

 

I have a debt over £2000 originally with Natwest and was then bought by a debt collection agency.

 

Last year in Feb the DCA took me to court and i was given a CCJ,

i was ordered to pay monthly payments.

I countered the order and submitted a payment plan to lower the repayments, this was accepted by the courts.

 

I was struggling financially and missed a few payments

the DCA took me to court again,

i again filled out the appropriate form to suspend the warrant and lower the monthly payments.

 

This was sent to the courts last year in June/July,

i called the court at the time and they confirmed they had received my application.

 

I had heard nothing back from the courts until today where

 

i got a letter from the courts asking me to pay £156 immediately or a bailiff will call, the reason being i had missed payments.

 

I know i should have followed up with the court on the progress of my application to lower the payments

but it got to stage where i waited for a response and completely forgot, it has been a busy few months.

 

Apparrently the courts did send me a letter on the progress of my application

and my offer of lower monthly payments was accepted, i did not get the letter.

 

Can someone tell me what my options are here please,

 

do i need send another application or is there a form i can dispute the order on the basis i did not receive the letter?

 

Unfortunately i do not qualify for a refund of fees so i would need to pay for any application.

[dx100uk]

is this your old student bank account debacle?

 

 

dx

[ploddertom]

Download Form N245 from HMCTS website. Apply to suspend the Warrant & also apply again for a Variation in payments. Cost of application is £50. Because you have failed to maintain payments previously you do run the risk of having your application turned down. However the County Court Bailiff is usually quite amenable.

[linz22]

Hi,

 

Yes it was an student account, although i made a lump sum payment to clear some of the balance since.

 

I will fill in the N245 form,

 

 

could i include an attachment to explain to the judge i did not receive the letter and application fee should be refunded?

 

 

I could also state i am happy to pay the agreed monthly payment in my previous application.

 

Does the N244 form apply?

[ploddertom]

Hi,

 

Yes it was an student account, although i made a lump sum payment to clear some of the balance since.

 

I will fill in the N245 form,

 

could i include an attachment to explain to the judge i did not receive the letter and application fee should be refunded?

Nothing to stop you including this on a piece of paper as long as you sign & date it .

 

I could also state i am happy to pay the agreed monthly payment in my previous application.

 

Does the N244 form apply?

N244 is for a General Application and costs £155 to submit

- only use it if you are planning to submit something else

- Set Aside perhaps which would not be relelvant,

 

 

PT

[queensclose]

could try speaking to the claimant and explain what happened. worth a try and they might withdraw the warrant if you come to an agreement.

[linz22]

Can you email the n245 form the local courts or does it have to be posted?

[ploddertom]

Has to be taken in person or posted accompanied by payment or application to waive fees - if no payment enclosed it will not be processed. The form must be sent to the originating Court or last Court involved if a previous application was made.

[linz22]

Hi

 

An update regarding my case with the courts.

 

I am really stressed with all this and i dont know what is going on.

 

 

I received a letter yesterday from the courts informing me that i missed a hearing

and i have to pay the claimants costs of £60.

 

 

Today i received a letter from the courts dated 26 Jan 15 that the claimant has declined my offer of repayment

and hearing has scheduled for the 11th of feb.

 

 

I also received a card from the court bailiffs who tried to contact me.

 

I dont understand why i did not receive the hearing letter earlier, if i did i would have attended.

 

Can anyone please help me,

 

 

what are my options now?

[havinastella]

Did you, have you still got the envelope?

 

What date is on the envelope?