Overdrawn ISA due to bank error, no CCA do I have to pay the balance?

[rhig123]

I have had a Natwest Cash ISA for the last 6 years, for the last couple of years I had a balance of 1p to keep the account open. Two months ago I had £400 send to the account which I withdrew as soon as it arrived, the same day Natwest without any instruction from myself transferred £400 to my current account in error leaving a negative balance of £399.99.

 

I didn't know until a week later when I received a letter threatening to send debt collectors to my house to collect the cards for my accounts unless the balance was paid off. By then the £400 had disappeared, mainly as a result of charges which I should have back in 6 weeks (LBA sent 2 days ago). I told Natwest I would be willing to sign an agreement that I wouldn't claim back £400 of the charges I am owed, no dice, besides the fact that they know I will claim the money as I had previously sued them in February for £400 of previous charges.

 

My question is can I avoid a default, and paying back the money on the basis that I the bank will not be able to provide a signed CCA seeing as the account is my cash ISA? I imagine that this is not possible as this is due to a bank error but thought it might be worth asking, would obviously be funny if the debt was unenforceable, I have a consumer credit agreement with the bank for my student account overdraft if that makes any difference.

 

Thanks for reading my post anyway

 

Richard

[rhig123]

I have done some reading and read about a credit agreement not being needed if the product is an bank and assume the bank will try to claim the negative balance they may say the balance is an unauthorised overdraft.

 

In this case would I be right in believing that the bank needs to provide some evidence of a credit agreement in regards to the account? Secondly how can I request proof if a CCA S77/78 request is not possible for a bank account?