Help Need Direction

[karlshields]

Hi people, ive got my data back of Nationwide and did my spreadsheet,

 

Nationwide have given me over £400 in bank charges but ive not paid them, tho my account is now closed and passed on to a debt agency,

 

i want then debt cleared and the default notice removed, all the debt is from there charges

 

so how do i do this, do i request the money off them and pay the debt agency or ask them to clear my account remove my default notice and tell the debt agency to stop calling me,

 

Any help or comments will be so helpful

 

Thanks in advance,

 

Karl

[GuidoT]

This is where you start, take your time, read around this site for a few days:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

As long as you are determined and you follow the steps here, then you will be able to clear the account and your name.

[karlshields]

Thanks for you quick reply GuidoT, im now going thro other posts, i have a claim with Natwest at the mo im now im sending the LBA tomorrow.

 

It's just ive not really found anythin on the threads from people who are claiming money back that is just a debt that has happened cos i ignored the account, tho i will fight that they clear it and remove the default notice, also ive spoken to the debt agency and they said u can clear the debt and u can carry on with ur claim, ive said ill think about it untill i get read thread and get some feedback

[GuidoT]

I think I read that the DCAs have to suspend collecting the debt if it is disputed. There may well be a template letter somewhere in the forum.

 

Many people have an overdraft comprised of bank charges and are then defaulted, indeed the template letters cater for such, see the red parts of, for example, the preliminary letter below:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Hardly surprising the DCA advised you to pay, otherwise I do not think they will get paid.

 

If you had not been defaulted then I would definitely recommend paying, but I do not think much can be gained now by paying, other than by getting the DCA off your back.

 

As you may have guessed defaults and DCAs are not really my bag, apologies for being a bit vague.

 

As I see it you have little option, but to issue the prelim letter with the red parts included.

[karlshields]

Thank again, ive been reading lots of threads too and i think im gonna ask them to clear the account and clear the default, so im not asking for money just to clear the account, ill keep all you guys up to date how it goes, thanks for the advice, and any more advice will be great,

 

Karl

[GuidoT]

I am not sure if I understand exactly what you are saying, but here goes.

 

Once you are successful with obtaining the charges back, it can be argued that as the charges have been paid back, that the default should be removed. One follows the other.

 

On what basis are you going to ask them to clear the default, if you are not claiming back the monetary sum associated with the charges?

[karlshields]

what has happened is, when they was putting the charges on my account i didnt pay the charges, so all the charges they have put on i have not payed, its stopped in august last year and went to a debt collector, they put over 400 hundred in charges so i want it cleared off the account, cos i never paid the charges it wont come to me just off the account, does that make sense lol

Karl

[GuidoT]

I think I see what you are saying, you will be asking for the money and then that money will be used to clear off the £400 in the account. I was confused as you said 'so I am not asking for money'.

 

Back to my post 4 and issue a preliminary letter I think.

[MilkTrayMan]

Hello karlshields!

...also ive spoken to the debt agency and they said u can clear the debt and u can carry on with ur claim, ive said ill think about it untill i get read thread and get some feedback

...It is important that U restrict your contact with the DCA to letters only.

This will stop them confusing/harassing U and trying to tie U in knots!

Is it Nationwide's own internal DCA...or an external one?

 

Read up on DCA's

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

...and send off a £1 CCA Request which asks them to produce a True Copy of the Original Signed Agreement of the Debt that they say that U owe them. They have certain timescales in which they HAVE TO produce one, or else they have committed an Offence and the debt becomes unenforceable!

 

IMHO...

I would also make it a condition of Settlement that the Bank pays U personally by cheque the unlawful charges etc that U are Re-claiming and also remove the DEFAULT from your Credit Report.

 

If U wait until after U have claimed your money, U will give yourself an uphill battle with regards the removal of the DEFAULT as a standalone issue, as Banks regards that type of action far more seriously than repaying unlawful Charges.

 

 

Hope the above info has helped a little?!...

[karlshields]

Is it Nationwide's own internal DCA...or an external one?

 

Im not sure, its Fredrickson International Limited

 

and there based in Weybridge in Surrey

 

whats also strange is Nationwide have put $400 in charges on me say thats how much i owe and Fredrickson has said i owe them $214, which dont add up,

 

im Gonna have a good read thro the DCA threads, and thanks for the advice how to handle DCA's,

 

Karl