Subscribing - good luck un1boy!

Hi Everyone Sorry to go off on another tangent but I've been in correspondence with NatWest for quite an extended period about a loan that my sister and I took out that related to a business we were running in 2000/01. They kept staving off my original request for agreements under the CCA with apologiesfor not being able to locate them etc. They are now saying that as the loan was to our limited company and that we signed personal guarantees it is not regulated by the CCA. They have not supplied copies of the personal guarantees (I am going to request them) and I wondered if what they are saying is correct or if, as they are now claiming the money as if it were a personal loan (in other words the business is now irrelevant as they obviously can't claim from a limited company that has folded), whether it is in fact regulated by the CCA. Incidentally they took no action on this loan for over three years and we assumed it had died with the company. This is pretty technical I know, but I wondered if anyone had experienced a similar situation or at least some knowledge of whether NatWest is correct in its claim. Hope you can help.

Thanks Zubo - I thought it all seemed too easy!! I shouldn't have dared to breathe that sigh of relief. I will follow your suggested strategy and hope it works completely this time. Thanks again for the advice. Ruby May

Hi Perseus Thanks for the advice about Section 10 - will compose a letter to Next tonight and await the response - so far they ignore whatever you say and just send a repeat of the letter I quoted. I'll let you know. Thanks again Ruby May

Hi Tom Thanks for the link to Trading Standards - I will be sending them details of the various organisations that are currently in breach of the CCA. Would it be a good idea to report them under the Financial Services Act too? If so who to and under what sections etc.? Thanks too for the advice about Next - I will send off a letter immediately and await the response with interest - at the moment they seem to ignore the contents of your letter and just send another copy of the one I quoted. Thanks again Ruby May

I posted this earlier today in the CCA thread but wondered if anyone here might be able to help with the Trading Standards issue? Is reporting these non-complying creditors my best next move or should I be trying to get defaults removed? I'd appreciate any help you can offer. Hi Everyone I just wanted to report some success with my CCA requests: DG Solicitors have responded :'We confirm that we shall no longer be pursuing yourself for the remaining outstanding debt. We shall therefore request for the registered default to be removed.' Aktiv Kapital (who have admitted they can't track down the necessary documents):'In view of this all action by ourselves will now cease and we will arrange for the removal of any default information which may be recorded against you with the relevant credit reference agancies.' However..... Next are sending me repeated letters saying 'I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the CCA 1974 this debt is therefore unenforceable......Next will continue to seek payment of the balance owed by you......A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit in the future. (I never want to obtain credit ever again but I would like as much of this to go away as possible after seven years!) Any suggestions on how to respond? Also my remaining creditors have either failed to respond at all or have sent a holding letter saying that they will send the information as soon as possible (it's now over two months since I sent the original letter and about three weeks since I sent the follow up warning them about their liability for a £2500 fine if they didn't supply the information). I would like to start reporting them to Trading Standards - do I have to contact my local TS Office or do I have to contact the office local to the address of the creditor? Can anyone tell me the correct procedure for approaching Trading Standards - what sort of evidence you have to supply etc? Thanks for all the wonderful help so far:-) !! Ruby May

Hi Everyone I just wanted to report some success with my CCA requests: DG Solicitors have responded :'We confirm that we shall no longer be pursuing yourself for the remaining outstanding debt. We shall therefore request for the registered default to be removed.' Aktiv Kapital (who have admitted they can't track down the necessary documents):'In view of this all action by ourselves will now cease and we will arrange for the removal of any default information which may be recorded against you with the relevant credit reference agancies.' However..... Next are sending me repeated letters saying 'I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the CCA 1974 this debt is therefore unenforceable......Next will continue to seek payment of the balance owed by you......A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit in the future. (I never want to obtain credit ever again but I would like as much of this to go away as possible after seven years!) Any suggestions on how to respond? Also my remaining creditors have either failed to respond at all or have sent a holding letter saying that they will send the information as soon as possible (it's now over two months since I sent the original letter and about three weeks since I sent the follow up warning them about their liability for a £2500 fine if they didn't supply the information). I would like to start reporting them to Trading Standards - do I have to contact my local TS Office or do I have to contact the office local to the address of the creditor? Can anyone tell me the correct procedure for approaching Trading Standards - what sort of evidence you have to supply etc? Thanks for all the wonderful help so far:) !! Ruby May

Thanks m55dlc, will do and see what happens......

Hi Zubo and Tamadus I have 15 creditors relating to debts that I built up during a short but disasterous business venture in 2000/2001. I've used the information on this site to request information under the CCA from all the creditors and have found the information in this thread very useful. I now intend to follow up those creditors that haven't replied or have claimed that they do not need to supply the information with the letter tht you have so kindly supplied. However I have a query as a couple of the DCAs have written back and said that they are dropping their involvement and referrring me back to the original creditor - does this mean that I have to start the whole CCA process again or can I rely on the failure of the agency to supply the required information and continue to chase them up in the same manner as those who've failed to reply etc? Thanks

Thanks Gizmo111 and Glenn UK, Will send off the CCA request immediately. I'll let you know the response.

I certainly remember signing forms and I'm presuming that as my ex- business partner is making payments that she has accepted that she/we is/are liable. However, I've been in touch with her and advised her to register here and get some advice. Incidentally do you have an address for Credit Management Services as I it appears I need to contact them. If I contact them does this start the six years running as so far, as I've said, I have never made any payments.

Thanks Glenn UK. I don't have a copy of the original agreement - Buchanan, Clark and Wells were the last contact that I had from a DCA in relation to this debt and they sent me a letter back saying they had closed the file and referring me to Credit Management Services, Telford but failed to supply me with their address. Incidentally they also failed to return my £1 postal order! Should I now go ahead and contact Credit Management Services (whoever they are) even though I have never heard from them or should I go back to NatWest as the original creditor?

Thanks sequenci - the loan was in the business name but Nat West say that we signed personal guarentees. It was a joint loan so (from what you're saying) the fact that my business partner is making payments means that I can't claim it is statute barred even though I have never made a payment. Is there any way of avoiding it because of the three year time lag before they took any action?

Thanks mochamoo - I've reposted to the debt forum on your advice. Our company was a limited company but apparently NatWest says we gave personal guarantees for this loan and are therefore liable. I'm afraid we were both naive and not really aware of what we were getting ourselves into. Is there any mileage in the fact that they didn't take any action for three years?

I originally posted this in the welcome forum but have been advised it would be more appropriate here. I look forward to any advice you can give me. Thanks. Hi Everyone I'm finding this site really useful and have already contacted all my creditors (I had a traumatising experience of setting up and shortly afterwards folding a small business in 2000/1) under the CCA to see if I can avoid spending the rest of my life paying off these debts. Most of them have been sold on through several DCAs at this point. I wonder if anyone can help me with this particular issue though. What I am unclear about (amongst many other things) is that I have one debt with NatWest which we originally believed was the liability of the business. NatWest were informed that the business had been folded (it was a limited company but with reference to the previously mentioned debts, I took on a lot of personal borrowing to keep the thing going). NatWest did nothing for three years and when I and my partner recieved the initial letter from them in 2004, I assumed they must be correct and I was liable and I contacted them with a payment plan. However my business partner asserted that the debt was not our personal liability. I therefore wrote and withdrew my offer. Eventually my partner accepted liability and has been paying a limited sum, monthly, since 2004. I have never made any payments and my only contact has been to refute liability other than my initial payment offer in 2004, which I subsequently withdrew. I am contacted periodically by DCAs but write denying liability and so far have not been pursued any further. Is it possible to consider this debt (for which I understand there is joint liablility) statute barred as far as I am personally concerned as I have never made any payments or will I remain liable for the life of the debt as my partner is making payments? Do I have to wait until 6 years from 2004 when I made my erroneous offer? Is my response to the DCAs denying liability considered to be 'contact' under section 5 of the Limitation Act 1980 and I therefore have to wait until six years has passed since the last of these? I'd appreciate any advice you can give me.