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charliegi
24 Nov 09 13:26
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Date Joined: 20 Jun 06
| Topic/replies: 10,296 | Blogger: charliegi's blog
I have a loan with Natwest and I owe them £5,300, I missed a payment and they decided to take the whole loan away from me to make my account -£5,300, before my wages went in.
I kicked-off and and told them I had missed one payment, and this was a disgrace so they credited the account with the £5,300 and took the loan payment of £170.
Last Friday, I looked at my account and they had credited me another £5,300, which I transfered to other accounts and spent.
I know, I shouldn't have but I'm struggling at the mo and I'm going to Orlando for New Year and bought the kids tickets for Disney and paid my mortgage arrears. Today, I checked my account and they have taken the £5,300 back.
Wat can they do?
If I say, I'm skint and thought it was my wages, as I don't get paid much less than that, but really wat can they do?
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Report The Magic Flea November 24, 2009 1:27 PM GMT
how can you be struggling if your wage is £5,300??
Report Robbie_Box November 24, 2009 1:27 PM GMT
You get paid £5300 a month and are skint??
Report The Magic Flea November 24, 2009 1:28 PM GMT
snap :)
Report Big Charlie November 24, 2009 1:28 PM GMT
If I say, I'm skint and thought it was my wages, as I don't get paid much less than that ?

Why woud you want to borrow if you earn that much ?
Report charliegi November 24, 2009 1:30 PM GMT
I was in trouble about 3 years ago and took a loan, I don't get paid that much but I was going to say, we get a Crimbo bonus, which we do.
Report charliegi November 24, 2009 1:30 PM GMT
And, I've knocked a few quid out on here recently?
Report transmission vamp November 24, 2009 1:30 PM GMT
I'm struggling at the mo and I'm going to Orlando for New Year and bought the kids tickets for Disney

Eh? Is it just me or does that sentence not make sense?
Report Petrus Romanus November 24, 2009 1:31 PM GMT
They'll still want their money back...you is fooked imo.
Report Robbie_Box November 24, 2009 1:32 PM GMT
your **ed if you ask me... offer to repay the whole lot over the next 10 years
Report charliegi November 24, 2009 1:32 PM GMT
My point is they had no problem in deducting the amount when I missed one payment, now they have paid me twice I will pay you double the amount on the loan.
Report Robbie_Box November 24, 2009 1:33 PM GMT
YEA...how can you be struggling yet p1ssing off to Disneyland with kids?
Report HarryCrumb November 24, 2009 1:34 PM GMT
Fishing alert.
Report Five By Five November 24, 2009 1:35 PM GMT
got to be fishing... it didnt occur to you oh they have made an error i'll phone em and see whats up... no first reaction 5300 i've been given lets have that and spend it.
Report Petrus Romanus November 24, 2009 1:35 PM GMT
I have to agree with harry crumb...smells like kippers to me as well now.
Report charliegi November 24, 2009 1:35 PM GMT
Won holiday in a raffle, anyway they turned me over by taking £5,300 without a care.
My bank charges over the years are fortunes, I will pay them the money if they want, but I'm not prepared to do it in one lump.
If, they take £5,300 without any care then I'm prepared to double my load amount for the remaining whatever years...All I want to know is how will that stand, I'm willing to pay them back but not in one go.
Report nice one centurian November 24, 2009 1:37 PM GMT
Why don't you just ask them?
Report Andy Murray November 24, 2009 1:37 PM GMT
im pretty sure i've seen people say you can get done for theft
Report Andy Murray November 24, 2009 1:37 PM GMT
on similar situations in the past that is
Report PoolFC November 24, 2009 1:38 PM GMT
5 grand for a couple of tickets for Disney World?
Report PoolFC November 24, 2009 1:39 PM GMT
and 5 grand in mortgage arrears? :D
Report Five By Five November 24, 2009 1:39 PM GMT
since you had the money since friday i would suggest you get a refund on tickets.... they are well within rights to take the money back as an obvious error has been made.
Report dk1986 November 24, 2009 1:39 PM GMT
Collect $5300 and advance to Free Parking.
Report Robbie_Box November 24, 2009 1:39 PM GMT
Ive just read a previous thread of yours on Gubbed with you bragging about winning 13k in a single day... Wonder if Mr Nat west know about that
Report inspiron November 24, 2009 1:40 PM GMT
That's stealing, it's the bank money and they will take you to court to get it back and then you will be lumbered with court and lawyers cost.
Report Robbie_Box November 24, 2009 1:44 PM GMT
Here it it....3 weeks ago...Should of paid off the loan then IMO


charliegi 01 Nov 22:35


My biggest wvery winning day until today was about 4k

but won a bit on morning dogs, outside bias at Hove and then diecided to have a go.

American Football: £783.05 | Athletics: £959.00 | Football: £5,071.09 | Greyhound Racing: £1,230.12 | Horse Racing: £751.44 | Motor Sport: £2,547.94 | Rugby League: £2,216.52 Total P&L: £13,559.16
Report Five By Five November 24, 2009 1:46 PM GMT
nice find.. good to see he'll have no problem paying back a measly 5grand.
Report charliegi November 24, 2009 1:48 PM GMT
I can pay the 5k, if needed but my point is the bank took 5.3k from me without a care, I could have been skint and they didn't think twice. Now they have over payed me, I will pay them double the loan for the remaininder of the course.
Report inspiron November 24, 2009 1:50 PM GMT
two wrongs don't make it right. I part own Nat west and I want MY money back
Report Andy Murray November 24, 2009 1:51 PM GMT
you said you were struggling?
Report PoolFC November 24, 2009 1:52 PM GMT
I agree with inspiron.
Report Robbie_Box November 24, 2009 1:52 PM GMT
You can pak the 5k back yet you could'nt pay the monthly amount of £170... How does thatwork??
Report charliegi November 24, 2009 1:53 PM GMT
im on the phone now paying it back to the Bristol lending centre.
Report Hoss November 24, 2009 1:54 PM GMT
Ffs can't a bloke even stick up a bulls hit post any more without someone reminding him 3 weeks later ;)
Report Early Morning Riser November 24, 2009 1:56 PM GMT
charliegi 24 Nov 14:35
Won holiday in a raffle, anyway they turned me over by taking £5,300 without a care.
My bank charges over the years are fortunes, I will pay them the money if they want, but I'm not prepared to do it in one lump.
If, they take £5,300 without any care then I'm prepared to double my load amount for the remaining whatever years...All I want to know is how will that stand, I'm willing to pay them back but not in one go.


LOOK FORWARD TO SOME HEFTY BANK CHARGES COMING YOUR WAY, YOU DESERVE EVERY ONE OF THEM.
Report DonWarro November 24, 2009 2:00 PM GMT
tell them they gave you the money. ask them to provide proof that you owe them the money. proof, ie some form of agreement or contract wherein you agreed that on receipt of these funds you would repay it. do this with a letter. of course they will try their best, but they have no proof of debt, because there is no paperwork proving a debt exists. you may want to set up a bank account with someone else though and start using that instead from now on, because they will do their best to make thigns awkward for you.
Report DonWarro November 24, 2009 2:03 PM GMT
...and advise them they should be more careful in future, for you cannot be held responsible for their mistakes, and you are not obliged to check that monies in YOUR account are actually YOURS.
Report Five By Five November 24, 2009 2:03 PM GMT
FFS..
Report Early Morning Riser November 24, 2009 2:05 PM GMT
DonWarro 24 Nov 15:00
tell them they gave you the money. ask them to provide proof that you owe them the money. proof, ie some form of agreement or contract wherein you agreed that on receipt of these funds you would repay it. do this with a letter. of course they will try their best, but they have no proof of debt, because there is no paperwork proving a debt exists. you may want to set up a bank account with someone else though and start using that instead from now on, because they will do their best to make thigns awkward for you.



NO WONDER THE BANKS ARE IN DEBT AND NEEDED BAILING OUT WITH TAXPAYERS MONEY. its theft, he knows it aswell and most on here knows it.
Report DonWarro November 24, 2009 2:05 PM GMT
lol. why you think they will accept an offer of repayment over x years that you stipulate.

it likely cost the bank ZERO anyway. learn where money comes from, check the unenforceable credit agreements thread on the financials forum board.

there is nothing wrong ethically or morally with not repaying this. regrettably your peers will tell you otherwise because they have been fooled by the system like everyone else and have no idea how it works.
Report sibaroni November 24, 2009 2:06 PM GMT
ignore him
Report inspiron November 24, 2009 2:06 PM GMT
DonWarro are you a trainer lawyer?

never heard such rubbish in my life.
Report DonWarro November 24, 2009 2:08 PM GMT
THEFT is what the banks are doing. theyve no money to lend. your loan application is a promissory note, ie it is money to a bank, no different to a pile of tenners.

you give them a loan application for £5000 - their books will record this as £5000 received/credited. then they "loan" it back to you (ie give you back you money but in note form so you can use it) and expect you to pay interest on your own money. this shows up as a debit on their accounts so their books are balanced. then you start making payments, everyone of which is profit to the bank.

the banking system is a scam you pleb. its going down because people are realising. the law is on our side and not theirs.
Report sibaroni November 24, 2009 2:11 PM GMT
Many credit agreements are unenforceable, which has precisely f*ck all to do with this situation.

Credit agreements of a certain kind are subject to the consumer credit act. If such a loan was made and errors were made in the paper work, it is possible in some of the cases to have them declared uneforceable.

A bank error is entirely different. You hold the money on trust for the bank, and it is returnable on demand. You are entitled to any interest earned in the mean time.
Report DonWarro November 24, 2009 2:11 PM GMT

from wiki fyi



A promissory note, referred to as a note payable in accounting, or commonly as just a "note", is a contract where one party (the maker or issuer) makes an unconditional promise in writing to pay a sum of money to the other (the payee), either at a fixed or determinable future time or on demand of the payee, under specific terms. They differ from IOUs in that they contain a specific promise to pay, rather than simply acknowledging that a debt exists.

The terms of a note typically include the principal amount, the interest rate if any, the parties, the date, the terms of repayment (which could include interest) and the maturity date. Sometimes, provisions are included concerning the payee's rights in the event of a default, which may include foreclosure of the maker's assets. Demand promissory notes are notes that do not carry a specific maturity date, but are due on demand of the lender. Usually the lender will only give the borrower a few days notice before the payment is due. For loans between individuals, writing and signing a promissory note are often instrumental for tax and record keeping. In the United States, a promissory note that meets certain conditions is a negotiable instrument regulated by article 3 of the Uniform Commercial Code. Negotiable promissory notes are used extensively in combination with mortgages in the financing of real estate transactions. Promissory notes, or commercial papers, are also issued to provide capital to businesses.

Historically, promissory notes have acted as a form of privately issued currency. In many jurisdictions today, bearer negotiable promissory notes are illegal because they can act as an alternative currency.




DonWarro 21 Oct 12:55


those 3 paragraphs are direct quote btw.

now think about what a loan application is




DonWarro 21 Oct 13:01


now think about what a £10 note is. it is a promissory note (and privately issued too by BofE, as is a loan application by yourself)
Report budapest November 24, 2009 2:12 PM GMT
my mate took notice of a thread on here about MBNA and has now not had to repay around £30,000 in credit card debt as they were not allowed to enforce the debt; i think its terrible as it cost us in the long run, but the system seems to allow it,
Report DonWarro November 24, 2009 2:14 PM GMT
Credit agreements of a certain kind are subject to the consumer credit act. If such a loan was made and errors were made in the paper work, it is possible in some of the cases to have them declared uneforceable.

And all are subject to the common law. the consumer credit act is simply the rules within the game - the game is built upon common law rules. the credit consumer act has nothing to do with the situation the OP is in.

A bank error is entirely different. You hold the money on trust for the bank, and it is returnable on demand. You are entitled to any interest earned in the mean time.

you hold the money on trust? really? lmao sib. what trust? what agreement?
Report sibaroni November 24, 2009 2:15 PM GMT
Well, I have fired off six such claims only today (not for me), and expect them all to be succesful.
Report DonWarro November 24, 2009 2:15 PM GMT
budapest - the system is robbing all of us. people are taking back what is there's.

what i have talked about IS relevant to the situation, because from that angle it's all about the SOURCE of the funds - which is YOU, not the bank.
Report sibaroni November 24, 2009 2:16 PM GMT
Laughing your *rse off Warro? The concept of a "trust" is hundreds of years old, don't know how many.
Report DonWarro November 24, 2009 2:18 PM GMT
of course the claims will work sib if they have not met requriements of the credit consumer act. but that act is only their to fool us some more anyway. it legitimises the practice of banks stealing from it's customers. under common law it is fraud because they are telling you they're loaning you something when they are not, whether they meet the conditiond of the CCA or not.
Report sibaroni November 24, 2009 2:19 PM GMT
no it isn't, but there we are. Enjoy your fantasy.
Report DonWarro November 24, 2009 2:19 PM GMT
concept of trust may well be old. but at no point did they say "im trusting you with this money, do you agree to give it back under these terms..."
Report DonWarro November 24, 2009 2:21 PM GMT
sib - i know people that have beaten mortgages with this stuff. and i should add, that they received the advice from some very respected individuals on the international finance/government scene. these people lend money to banks mate. they are creditors, while the rest of the population are debtors, regadless of whether what you see as your bank account is overdrawn or has a balance of $1million.
Report DonWarro November 24, 2009 2:22 PM GMT
i seem to have got my "there" and "their" mixed up several times in this thread :(
Report sibaroni November 24, 2009 2:25 PM GMT
"implied constructive trust" is the phrase you are looking for.

banks do not always win in court, (they usually do) but I can 100% assure you that no-one ever beat them using the arguments you are throwing around. The very idea that only a couple of people know it, and they win with it in acourt and it doesn't get out to the whole community, is just sheer absolute b*llocks. Just as the arguments themsleves are.
Report Early Morning Riser November 24, 2009 2:26 PM GMT
DonWarro 24 Nov 15:21
sib - i know people that have beaten mortgages with this stuff. and i should add, that they received the advice from some very respected individuals on the international finance/government scene. these people lend money to banks mate. they are creditors, while the rest of the population are debtors, regadless of whether what you see as your bank account is overdrawn or has a balance of $1million.


SO WOT YOU ARE SAYING THEN THAT THE BANKS DONT NEED TO PAY THEM CREDITORS THEN WHO THEY BORROW MONEY OFF THEN.so all this money the gov has lent to the banks the banks could say f off then we aint paying it back
Report Dan Chipowski November 24, 2009 2:29 PM GMT
Haven't read the whole fred, but you spent money you knew wasn't yours. No sympathy for you whatsoever.
Report DonWarro November 24, 2009 2:30 PM GMT
no, the banks have to pay creditors if they have actually LOANED them the money. and the banks creditors are not silly. therefore they create the money by promissory note out of jurisdiction first so that they have it to lend.
Report DonWarro November 24, 2009 2:31 PM GMT
read the whole thread dan. it's not their money. they never had it to loan him in the first place. he gave it to them , and then they gave it back but fked up because they didnt get a loan agreement in place
Report DonWarro November 24, 2009 2:33 PM GMT
"implied constructive trust" is the phrase you are looking for.

banks do not always win in court, (they usually do) but I can 100% assure you that no-one ever beat them using the arguments you are throwing around. The very idea that only a couple of people know it, and they win with it in acourt and it doesn't get out to the whole community, is just sheer absolute b*llocks. Just as the arguments themsleves are.


banks win against people who do not understand. this includes most solicitors, who are intentionally schooled to only understand the more superficial levels of law, ie statutory.

it is not just a couple of people that know, there are loads. but since the majority are busy financing everything so that you can work for them they choose not to say.
Report Early Morning Riser November 24, 2009 2:33 PM GMT
IF THIS WAS ALL TRUE, IT WOULD BE FREE LOANS FOR EVERYONE AND EVERYONE WOULD BE DOING IT.
Report Andy Murray November 24, 2009 2:36 PM GMT
if it's not their money, its certainly not your money
Report DonWarro November 24, 2009 2:36 PM GMT
that's why no one has told you. and it's not easy to make a free loan, it is a fairly complicated process to get the money in your hand.

and why you think they dont want you all to know, for the very reason that it would mean free money and therefore people wouldnt work. they need people to work for them, produce stuff, run the services, so that those who do know can enjoy their lives at the expense of the rest.

it's called a 2 class system. all this upper/middle/lower class stuff is rubbish. you're either a creditor, or you're a debtor.
Report DonWarro November 24, 2009 2:37 PM GMT
it certainly is the person's money who applied for the loan. the only thing of value going into the arrangement is that person's signature. the signature is the money.
Report DonWarro November 24, 2009 2:40 PM GMT
got to go now. plus bf might ban me again if i say too much :)

suggest investigating this matter yourselves, if you can be bothered, and you wish to be free both financially and politically (ie not subject to statutory "laws", which are not law at all).

gl.
Report sibaroni November 24, 2009 2:43 PM GMT
Don, it won't make any difference telling you this, but any way.

There are a large number of people, myself included, making good money writing off Consumer Credit Acts loans. (It is a small part of my practise). Some, not including me, are making millions.

These people would be very happy indeed to do the same thing with any vehicle they can find. And they are looking, and they are clever, and they don't give two shiny sh*tes about the effect on the banks.


You are, plain and simple, living in a fantasy conspiracy world.
Report DonWarro November 24, 2009 2:45 PM GMT
well even more reason you should investigate then. i have spoken with a few reps from credit card cartel or whatever they're called, and a couple of them fully understood and are proceeding with a few cases on this basis.

widen your view.

im off to take my son to the park :)
Report batman50 November 24, 2009 2:47 PM GMT
THE WRITER OF THIS THREAD IS TALKING ABSOLUTE RUBBISH IGNORE HIM
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