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Lou89

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  1. If I recall correctly s.174 is about them not being able to report to CRAs without permission. If this is the case, we had written to them stating this on numerous occasions but they always respond saying that although there is no agreement, they believe the debt exists and therefore will continue to report to the CRAs!
  2. Lovely I will try that tomorrow, thank you !
  3. Thank you for your response but I do feel out of the 160 views there must be at least one person who could give some advice! I will continue to chase them for a satisfactory answer and if I do not get the responce I want may offer a 10% full and final settlement, do you think this would be reasonable?
  4. 156 views and not one reply you can forget it if you think I will donate now when the website can't be bothered to help me in the slightest!
  5. 46 views and no comments... Surely someone must have an idea of how we can proceed?
  6. Sorry for the following essay but I wonder if you could shed any light on how we should proceed: After numerous letters between me and an assistant in the Birmingham centre, we were told in July 2009 on the good authority of a manager that the alleged loan account would be written off. We were told that we would be unable to close our joint current account over the phone due to an outstanding balance on the overdraft and therefore went into the branch to pay of the overdraft and close the account. Before doing so, the assistant advised us that he would have to check that the alleged loan is definitely being written off before he was able to close the account as you are unable to close a bank account that has a loan linked to it. The account was then closed, again providing us with an understanding that the alleged loan would be written off. After discovering in April 2010 that the alleged loan was still appearing on my credit file with 6 months arrears showing, I contacted the Natwest to attempt to resolve this issue. After 12 phone calls all referring me to a different department I finally spoke to an assistant on Monday who stated that she could not provide a reason why the loan has not already been written off but could confirm that the account was put on hold from 16th February 2010 and that if they could not provide the original loan agreement within six months (i.e. by 16th August 2010) the loan would be written off. I have since been informed by another assistant that there were no plans to write off the loan account and that infact this will not be happening in the future. I do not understand how they can agree to write it off and then since change their mind and deny all knowledge of ever agreeing to write it off in the first place. My understanding is as follows: Section 174 of the Consumer Credit Act requires that the lender do not share data without the written consent of the debtor and without a signed agreement they have no authority to report to any third party including the credit reference agencies. Under the Data Protection Act all documentation must be kept for a 6 year period and I find it difficult to believe that they could mislay such an important document as the copy of a credit agreement. For the avoidance of doubt, I do not possess a credit agreement for this account, and since it is several years ago I have no recollection of the content of any agreement signed, or indeed of ever signing an agreement. Any help and advice would be greatly appreciated!
  7. Surely if there is no agreement there is no permission??
  8. If they accept my proposal to pay just under £300 as a full and final settlement of the loan and overdraft, I had planned to send the cheque along with a letter basically saying... Or words to that effect... Would that work?
  9. Ok thank you for your help, I have had a look at the other two threads and shall wait for a response from the Natwest. As soon as I hear anything I will post it up on here. Thanks once again
  10. But surely there would have been a box on the agreement had it existed to say that they could use your details under the Data Protection Act to report to credit reference agencies and as the agreement doesn't exist they do not have your permission to report to the credit reference agencies therefore any record of the credit should be removed from the credit reference agencies reports?? I am no expert and currently learning myself but this is the understanding I have gained through trawling through lots of information on the web!
  11. Thank you for such a quick reply! The reason for me offering them a full and final settlement is that I really do not want a default put on the credit record as we are looking toward purchasing a house in the near future and would need a mortgage to do so. As they do have the agreement for my overdraft (of £500) and in this instance I would be offering them just under £300 for full settlement of the Loan and overdraft it would save us just over £200 and may stop us from incurring a default... Well thats my theory anyway and its certainly worth a try! Do you think there is a chance of them accepting this, as you say they have admitted that we are in a strong position so surely to get something out of us rather than nothing would be to their advantage?? I have a feeling that they would turn this down to start with and then possibly accept at a later date when they realise otherwise the will get nothing? Thanks, Lou89
  12. Hello everyone, First of all I would like to point out that all the letters that I have used and will be using are templates from the helpful people of this website and I intend to thank them by donating to this website and posting up my experiences to help others. To start from the beginning... I sent a CCA request to the Natwest Bank along with the £1 postal order back in March after having a funny feeling that the the agreement for a £10,000 loan didn't exist as they are always trying to convince me to consolidate my loan and overdraft with a new loan etc I received a response in April stating the following: Attached to this was a "Statement of Financial Information" with details of how much had been paid so far, how much is remaining and when it is due etc. My responce to this was to put the account into dispute They then responded as follows: So we thought about it... and worked out how much is left on the loan (excluding interest) less the bank charges we have had on the current account that we would have been claiming back which actually gave us a figure that they would owe us and then took this from the overdraft. Offering them a full and final settlement of the remainder of the overdraft after this calculation. We are waiting for a response as to whether they will accept this before sending the cheque. I will keep you posted and if anyone has any advice it would be grately appreciated! Lou89
  13. What if the employer is arguing that you aren't actually an apprentice because you never signed a deed of apprenticeship/indenture. I have been treated as an apprentice, attending apprentice's dinner with the management and being put forward for apprentice of the year (and coming in the top ten for the area!) and also the training provider I take wednesday mornings off to study with has documents signed by my supervisor which class me as an apprentice!
  14. I recommend you look here: HM Revenue & Customs:National Minimum Wage According to the above and with you sying you have been there over a year and are over 19 you should surely be on £4.77 an hour
  15. When they sent through the statements, nothing was showing as far as any notes that have been made, any agreements for his loan, any details of his setting up of Advantage Gold. Should this of been included in the package that the S.A.R - (Subject Access Request) requests. We are beginning to feel that they do not actually have the agreement for his loan! EDIT: Also ment to ask, what is the address to send the schedule of charges to? Would it be the same as the one above for SAR request?
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