pay back time

[hellhasnofury]

My story is like so many others,Unfortunately due to financial difficulties at one time. The NatWest started the ball rolling, by refusing to pay DD, charging bank charges. Everybody jumped on the bandwagon for their pound of flesh, charging and charging. The debt spiralled out of control. This was a terrible time and I felt I had only 2 choices suicide or giving in to them. I stared a dbt management plan and will be paying a these creditors till the year blah.

I am awaiting a court date for my claim for bank charges from the NatWest.

I believe I was mis-sold a ppi for £4,600 plus interest with a loan from the NatWest in 2002. I was experencing problems and they knew that. I have sent a S.A.R - (Subject Access Request) and they state they cannot locate the contract agreement.

One debt is with the NatWest for a overdraft that was left on the account. It is less that the amount they owe me for the bank charges.

One debt is with the NatWest for a loan,with ppi. I would not have been given the loan without taking the ppi. But how do I prove that? I have paid over half of the loan back before I was defaulted on it.

Can I sue NatWest for starting the ball rolling with my debt, because they unlawfully took charges from me. and had they not the situation I find myself in now, would not have happened. Now I am a bit more educated into the devious and underhanded tactics these organisations go to to get your money.

Can you please help. The are no site helpers or Modetors giving any guidence on the ppi side of the forum. They are all busy helping on the bank side of the forum.

Any advise would be greatfully received.

[gizmo111]

I believe I was mis-sold a ppi for £4,600 plus interest with a loan from the NatWest in 2002. I was experencing problems and they knew that. I have sent a S.A.R - (Subject Access Request) and they state they cannot locate the contract agreement.

By this do you mean the loan agreement? If they cannot locate it then it is unenforceable.

CAn you give me more details of the debts you have in the DMP and confirm that is not an IVA. Also have any of these debts got a CCJ on them.

I need a list of amoutns outstanding to whom and how much you are reclaiming from each.

If you do not want to put these details on here - pleas PM me the personal details and I will reply on here with the bits that can be made public.

[hellhasnofury]

H gismo111 thanks for your post. you are thinking quote" that the loan you could get written off as they have no agreement therefore not enforceable.
Claim back the charges on the rest and offer full and finals with the charges, on a pro rata basis."
Can you please give me a direction I can take to gather more info of this aspect. I sounds good to me,

[hellhasnofury]

Hello,

I have done some reading and although I have gained this information through my S.A.R - (Subject Access Request), I need to send A CCA request and wait and see what they come up with. and then proceed. I am going to report a complaint about them to the Information Commissioners Office.


I hope I am correct?

[gizmo111]

Originally Posted by hellhasnofury

Hello,

I have done some reading and although I have gained this information through my S.A.R - (Subject Access Request), I need to send A CCA request and wait and see what they come up with. and then proceed. I am going to report a complaint about them to the Information Commissioners Office.


I hope I am correct?

You are correct on the CCA request and my thoughts above - sorr ynever got back here yesterday - not sure why you want to complain to Information Commissioners Office?

[hellhasnofury]

Don't know, it just sound very good to me.

No joking apart. It was for non-compliance with the S.A.R - (Subject Access Request).???? or have I got this wrong????

Thanks for help and advise.

[gizmo111]

Have they sent you anything under the S.A.R - (Subject Access Request)?
If they are just saying they cannot locate agreement then the yhave complied if you ahve had statements etc.

[hellhasnofury]

Hello,

They have sent everything apart from the Copies of Contract for the loan and have informed me that they cannot locate it.

I felt that they were telling me that they could not find it because they did not want me to know that they did not offer the ppi as optional.

But if they cant locate it ..It might even be better.

But I would be so lucky

[gizmo111]

Originally Posted by hellhasnofury

Hello,

They have sent everything apart from the Copies of Contract for the loan and have informed me that they cannot locate it.

I felt that they were telling me that they could not find it because they did not want me to know that they did not offer the ppi as optional.

But if they cant locate it ..It might even be better.

But I would be so lucky

I took a loan in 02 and they couldn't find my agreement, and I know of 2 others also - CCA them, so you know exactlty where you stand.

No point in informing Information Commissioners Office as they have complied as far as we know.

[hellhasnofury]

Ta very much. Will do

[hellhasnofury]

This is what i have been up to in the last week.

I have sent the nw a cca request for the missing credit agreement and a few days latter the prelim letter requesting a refund of the mis-sold ppi.

I felt it was important to put this loan under dispute, so they could not take my refund of unlawful bank charges and pay some of the loan balance off with it.

*&* have admitted that I was mis-sold a ppi on a loan of theirs which they defaulted me on. They have refunded it to the loan balance I have with them. That is really kind of them, but:

I am still arguing with them on the principles that

1. They deceived me into giving them that money. It was not theirs in the first place to take.

2. They have not given me any interest back on this amount They have had this money for 5yrs.

3. I wish to control what happens to this refunded amount not them.

4. Had they not applied the extortionate and expensive ppi I would have been in a better finanicial postion to continue with the payments.

On this loan for £20,000 plus interest. I have already paid them back over £19,000 in the last 4yrs.

I have informed them that I am prepared to go to court on this matter, so lets see what they come up with to restore my faith in their company. Which at the moment is zero.

So the fight goes on and I don't have my back in the corner anymore!!!! the gloves are off and I am ready for the fight!!!!

Power to the little people, because we now know better!!!!!!

[hellhasnofury]

This one may sound a little complicated but I need some advice on this matter as to whether I continue to pursue it.

I had two loans with *&*.

1. Started in september 2002 for £7,000. This loan was topped up in December 2002 to £20,000. They took £7,064 back for the first loan and I receivd the rest £12,936.

These loans I have disputed after the mis-selling of PPI to which they have admitted and we are in the process of coming to my agreement as to who has this money.

They have sent me a credit agreement for the £20,000 loan.

I sent a £1 fee and requested a cca for the loan of £7,000. Whcih they have stated that they do not have a copy of it being permentantly purged and regrettably cannot be recovered.

"they have stated that in accordance with section 77 of the consumer credit act 1974. This is a section of the act that applies during the term of an agreement. As your agreementd ended in December 2002, this section is no longer relevant."

Can I argue that when this agreement ended there was £7,000 outstanding and this was deducted from the next loan. And because they cannot produce the credit agreement form this £7,000 is not enforcable. Or am I just barking up the wrong tree. and also I feel I am being a bit petty they have not returned my cheque for £1.

I want to hit this company for everything. They have deceived me, lied to me, try to trick me with figures. They put pressure on me to go into more debt to make more money out of me.

I have now received the recorded telephone calls for the application calls for these two loans. God it upset me to listen to them. I was like a lamb to the slaughter. I rang up to ask for a loan for £5,000 and was told by the employee that today she could guarentee I could have £20,000, due to my excellent credit scoring. and low and behold you now owe them not £20,000, but £32,990 because you have "cover" yes this is the other word for mis-sold ppi.

Well now my credit score is in tatters part due to them. and yes it is pay back time.

Any advice extremely welcome

[pmhcfc]

Originally Posted by hellhasnofury

This one may sound a little complicated but I need some advice on this matter as to whether I continue to pursue it.

I had two loans with *&*.

1. Started in september 2002 for £7,000. This loan was topped up in December 2002 to £20,000. They took £7,064 back for the first loan and I receivd the rest £12,936.

These loans I have disputed after the mis-selling of PPI to which they have admitted and we are in the process of coming to my agreement as to who has this money.

They have sent me a credit agreement for the £20,000 loan.

I sent a £1 fee and requested a cca for the loan of £7,000. Whcih they have stated that they do not have a copy of it being permentantly purged and regrettably cannot be recovered.

"they have stated that in accordance with section 77 of the consumer credit act 1974. This is a section of the act that applies during the term of an agreement. As your agreementd ended in December 2002, this section is no longer relevant."

Can I argue that when this agreement ended there was £7,000 outstanding and this was deducted from the next loan. And because they cannot produce the credit agreement form this £7,000 is not enforcable. Or am I just barking up the wrong tree. and also I feel I am being a bit petty they have not returned my cheque for £1.

I want to hit this company for everything. They have deceived me, lied to me, try to trick me with figures. They put pressure on me to go into more debt to make more money out of me.

I have now received the recorded telephone calls for the application calls for these two loans. God it upset me to listen to them. I was like a lamb to the slaughter. I rang up to ask for a loan for £5,000 and was told by the employee that today she could guarentee I could have £20,000, due to my excellent credit scoring. and low and behold you now owe them not £20,000, but £32,990 because you have "cover" yes this is the other word for mis-sold ppi.

Well now my credit score is in tatters part due to them. and yes it is pay back time.

Any advice extremely welcome

THis is interesting...When you say the first loan was for £7k, did that include all the interest etc? When you settled early, I'm sure that you wouldn't have had to pay ALL the interest back..So them taking back over £7k sounds possibly iffy... Are you sure you have the properly executed documentation from the £20k loan? I thought you said it was agreed over the phone, any way you can scan and post what they've sent you? If there's no OA, there's nothing they can do to collect it.

[hellhasnofury]

Originally Posted by pmhcfc

THis is interesting...When you say the first loan was for £7k, did that include all the interest etc? When you settled early, I'm sure that you wouldn't have had to pay ALL the interest back..So them taking back over £7k sounds possibly iffy... Are you sure you have the properly executed documentation from the £20k loan? I thought you said it was agreed over the phone, any way you can scan and post what they've sent you? If there's no OA, there's nothing they can do to collect it.

Thanks for your post. One of the problems are that the 1st credit agreement for the £7,000 in 2002 cannot be located, but I did not know that till now.

Three months later I topped the loan up to £20,000+interest+ mis-sold ppi and I had to repay them £32,995 and I do have the credit agreement for that one. They took the £7,000 back to pay off that 1st loan and gave me £13,000.

My arguement is that, were they entiltiled to take the £7,000 if the loan was not enforceable because the credit agreement is missing. and can I argue the toss about that one.

I hope this now makes some sense

[gizmo111]

My arguement is that, were they entiltiled to take the £7,000 if the loan was not enforceable because the credit agreement is missing. and can I argue the toss about that one.

That agreement is no longer relevant - you transferred the debt into a new agreement. They are not trying to enforce an old agreemnt.