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About 6 years ago, I took out a loan with NatWest and at the point I was made to believe taking the PPI of Natwest will assist me in getting the loan approved. I was presurised into having this option by the bank official. I was not informed I had other options of stand alone insurance, and the bank assistant did not check my circumstances, as I work with local Govt the PPI is useless to me as I will get paid if long term sick, and have other terminal and critical illness covers.
about 1 year ago, I took out additional loan before my 1st loan was paid off. the loan was added to the 1st and then also the PPI. at this point the same thing happened, I was basically bullied into having PPI being told I will not get the loan if I dont choose PPI. I was not infomed of the amount I will be paying back on the PPI and that the interest will all be rolled over, into my new loan.
In october I discussed this with a friend who advised this is a misold Policy. and I should claim the premium back plus interest. I wrote a Subject access request for both loans to Natwest and they sent me a Flimsy statement. with a total of 38k as the 1st figure and then my payments of 480 each month coming out. about 10 payments into the recent loan had been deducted.
I wronte a letter to them requesting my Consumer credit agreement, but they wrote back saying they have misplaced it, and they knw they cannot chase me through the courts for the money, but threathened that If i do not pay they will have this recorded against me on my credit record to the Credit reference agency.
I sent them a letter requesting the calculated PPI and interest using the templates provided this came to 18k. and wrote to them using letters on this website that this is a misold policy and the PPI premium on both loans should be paid back to me. and the premium cancelled.
They ignored the request until I called and argued and insisted that they cancell the PPI. which they then did, and refunded 5.5k back into the loan account, which now brng the loan balance outstanding to 27k. they did not write me to tell me any of this, but only gave me the info when I range them.
They called me a few times trying to appease me, but failed to respond to my letter satisfactorily. thier l2 atest correspondence says they are still investigating and as it is past the time limit I can go to the financial Ombudsman.
As they could not provide me with the consumer credit agreement and wanted me to carry on paying the loan, I called them and informed them the account is now in dispute that I want to cancell the direct debit until this dispute is resolved as iwas being treated unfairly. this was a big stress as they refused,and said if I canell thwy will still collect the D.D. and charge me if there is no funds in my account. after a lot of discussion and me stating that they r trying to force me to carry on making payments they cancelled the direct debit, and I am not sure as I have to check tomorrow if it has still gone through as they treathened.
They said if they do not collect it from my account they will get the debt collection section to chase me for missed payment and breaking the credit agreement as the agreement still stands and is not void.
I do not know what to do now. if they still take out the funds, is this not fraud. if they chase me with their debt collectors is this legal.
My friend who is also a member have advised me to go the the ombudsman or small court. but I am so apprehensive not wanting them to show this as default on my crdit record.
I have called the ombudsman, requesting for a complaint pack, and I have also
What do I do now. Do I have to carry on paying this loan?. Can they record this against my record legally.
I feel so upset angry and unfairly treated and I want to share this, can you all please advise.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,063
Re: MamaG1
NO CAA = NO PAY!
it also means they CANNOT default you-they have no legal right to process your data.
it also means they cannot pass the debt to anyone, nor continue to demand payments.
as for the DD, they would be in serious trouble if they 'just' took it out of your A/C because they could.
hit them for the PPI with interest, and don't give up till they scream!
esp where they have 'rolled over' front loaded PPI interest on your first loan, with additional interest on your second....
what scoundrels!!
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
I have checkd my account, and so far they have not teken out the DD.
So I am still keeping an eye on my account.
But hey have treathened to take me to the credit agency, So this was all a treath then?. scoundrels of the 1st order.
however is there anyway I can prevent them from at least trying this? or should I just leave them and see if they put anything on my credit record and them take them to court.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
25,063
Re: MamaG1
they have admitted to having no CCA, so basically they are stuffed.
in a nutshell. they can do nothing more about the debt, unless by a miracle the CCA appears.
simple fact is if they do try, its a simple matter of writing to the relevent CRA and asking them to check the co, that has put the default on has the correct paperwork as you know they dont [copy the cra the letter where they say that]
thus they must remove it immediately.
time to stop worrying about it and get your life back in order.
job done!
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
I have checkd my account, and so far they have not teken out the DD.
So I am still keeping an eye on my account.
But hey have treathened to take me to the credit agency, So this was all a treath then?. scoundrels of the 1st order.
however is there anyway I can prevent them from at least trying this? or should I just leave them and see if they put anything on my credit record and them take them to court.
Thanks so much
Hello Mamag,
So you are having problems with the good old Nasty, they are nasty by name and nasty by nature.
As regarding your mis-placed credit agreement, Nasty and the RBS are renouned for mis-placing these very important documents, (probably stored in the file, the customers must never see this ca and it is unenforceable and they must never know) or in some black bin liner sat rotting on a refuse tip somewhere.
Did you send them a request under section 77-78 for a copy of the ca, is so and they are in default, report this matter to the Office of Fair Trading as soon as possible for their reference.
Get after them for the two mis-sold PPI claims, with interest, that should be a tidy little sum indeed
If they do default this account, you can then make a application to the court, to have the default removed and receive compensation for the breach of the data protection act
They won't make it too easy for you, but you must fight fire, with a raging furnace
If you need help just ask
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
They have not sent me the Credit agreement and have writen me today confirmong again that they have noticed that I have stopped my DD for paying the loan.
Saying With reference to my correspondence of the 15h of october 2008 regarding my loan account they notice I have cancelled the DD for the personalloan. in the circumstances they appreciate they apprecite i have a right to do that under section 77 (4) of the CCA if I decide not to meet my obligation under the loan as they fall due, and thet they will be unable to take steps to enforce payment of the loan. Howerver they consider that I should continue tomeet my obligation under the agreement bearing inmind that the agreeemnt is not void, it remains valid and my continuing default will be reported to the Credit reference Agencies S. 77(4) only prevents them from pursuing recovery of the debt through the courts.
should further assistance be required, please do not hesitate to contact us at their address.
They have failed tonote the visits i made to the Branch and the conversations i had with themon the phone stating to them that they are now in breach as they have failed to produce the CCA to me and also that the account was then now in dispute.
Please advise me on the way forward this. I have called the Ombudsman and they have sent me a complaint form, buti am not really sure how to write and finally compose this all. I need to quickly get to the Creit Reference agency, before they do, as it willmake it more long windingof they put a default on my account dont you think.
I knw I sound like I am going on about this. I just dont want to give them an opportunity to long this out than it should be, hence I want to inform the CRA of the fact that they cannot put a default on my record, before they beat me to it, which then means another process dealing with the CRA.
If there is a template I can use. I will appreciate it if you send me a copy, if not then advise on what I could have in the letter to the CRA on this matter.
So far RBS have paid me about 11k back on missld PPI back into the loan accounts without getting my agremment. As I have stopped paying the loan. They are claiming that they do not understand how I got to my figure if £18k.
In the mean time they have refused to send me a detailed Breakdown and reconcilation statement of how they worked out thier pay back figure to meinstead they wrirte me a letter and states in it the figures they have paid me back.
Can someone please help me get a template that requires them to provide me with the right detailed reconciled statement of the amounts.
They have also not provided mw with the CCA copies all this time.