Can they do this?

[maddyrose1664]

Hi All,

 

I won my money back from Nationwide a few months ago.

 

Since then they have withdrawn my overdraft facility without notice or reason. That's fine, but I can't afford to pay the £900 back that they're demanding.

 

I explained to them that I am in a debt management programme and would only offer them what I pay my other creditors every month. They chose to ignore that letter and got a DCA on my ass instead. Nice.

 

I have just checked my credit file and they have marked me as being an 8 - i.e. the account has defaulted.

 

My question is, can they do this? It is obviously out of spite because they had to refund my charges. I know banks are allowed to demand immediate payment of an overdraft but shouldn't they give notice and a reason?

 

I was going to apply for a mortgage in a couple of months when my house sale completes but I've got no chance with things like that on my file.

 

Please help!

[redsue]

sorry maddyrose1664 - i can't help you but I'll bump to see if anyone else can

[maddyrose1664]

anyone?

[hagenuk]

Hi

 

They should have given you some notice before withdrawing your overdraft facility, although it may not have been much. Check your account terms and conditions for how much it should have been, it will be in the small print somewhere and if they did not abide by them, take this up with them.

 

However, as you point out, an overdraft can be called in with minimal notice and they are entitled to demand full repayment, it is not like a traditional loan.

 

Once again, the Data Protection Act is your friend here, if Nationwide have abused their position in any way and not followed any of the data protection principles you are at liberty to issue a claim against them in order to have them rectify this entry in your file.