it may expedite things.

as citb posted, they are entitled to reasonably ask for further info.

and, from the letter, their given reason is that your signature does not match.

my post there was just being pedantic about that 'reasonableness', re where the ico says 'If an organisation reasonably needs more information to help them find your information or identify you, they have to ask you for the information they need..'

what may be 'unreasonable' in the circumstances? who knows, but the ico site gives some eg's

it does say in the letter that I'd need to take whatever ID on the list I choose to a Natwest branch

is all that 'reasonable' in the circumstances...

Hi everyone,

Natwest Loan £2,505.78 Natwest Credit Card £1,686.25 Natwest Overdraft £500.00

Me again. Le sigh. Hope someone will have some input, because quite honestly I'm almost in tears over all this (I'm trying to resolve many old debts and issues etc right now) - I'm really trying to get things resolved, but finding it very difficult and overwhelming.

I requested a CCA from Robinson Way on 18th July in relation to the two Natwest accounts they are managing of mine.

One is an overdraft (that a CCA won't reply to, if I'm correct)

and the other is/was a Natwest credit card.

Worth mentioned I had to probe Robinson Way in the past what the debt was relating to, as they only use one account number for their reference.

I discovered they held the overdraft and credit card debt and amalgamated it only refering to it as if it is one account.

I received two letters today

- One from Robinson Way (dated 16th August),

one from Natwest.

The Robinson Way letter says Natwest confirmed the requested documentation has been requested and will be sent to me directly.

My account is on hold for 30 days to allow time to receive the information from Natwest and give me time to respond.

If I do not contact them before this time, normal collection activity will resume.

The letter from Natwest did NOT include a CCA.

What it does say is, in summary, is that a copy of the agreement is not available and does not need to be provided to me under terms section 78 regarding an overdraft facility.

Here's the thing...

Robinson Way are managing Natwest credit card and overdraft debt.

The credit card WILL have had a CCA, but they aren't even referring to that at all.

They have not provided a CCA for the credit card.

Obviously a CCA doesn't exist for an overdraft.

I presume Robinson Way have requested the wrong information?

I'd happily post the Natwest response up with confidential info blanked out.

I have no idea what I should do now. Please help?

Many thanks

- Teeny

not you problem then.

let them willy wave

hows the SAR going?

dx

Hi DX. As usual, thank you for replying. And sorry, I just realised you've moved this to my original thread - I did have a quick look, and thought I hadn't already made one. My mistake. Thank you for combining them both.

I've just sat down on the floor with various paperwork to try and get my head around some of this, because it wasn't adding up or making much sense.

Definitely not aided by the fact, despite me making arrangements directly with Natwest in the past to pay the various accounts I held, they passed them over the various collectors or aliases like Triton, Expecto Credite, Robinson Way etc and having their own account numbering system that didn't correlate to the original account numbers.

I was always under the impression Robinson Way were after a credit card debit and an over draft debt.

I sent the CCA to Robinson relating to the credit card.

But after I just rifled through all the paperwork I still have and calculating some things, this isn't the case.

These are the debts Rob Way are dealing with:

Natwest Overdraft: £638.45

Natwest Loan: £414.63

Total: £1,053.08

It was my mistake for not realising otherwise.

But having looked through my paperwork and how Natwest handled it, that's not a surprise. In fact, I paid the credit card debt off in 2015.

So, what this means is

- Robinson Way still haven't complied with my CCA request.

I requested a CCA for the account number they have allocated for the accounts (loan and overdraft) which includes the loan.

A loan has a credit agreement.

Robinson requested a CCA from Natwest for the overdraft only knowing full well that wouldn't apply for an overdraft and not for the loan portion of the debt, which would apply.

I suppose this leaves me with £638.45 enforceable debt with Rob Way and £414.63 until they produce the CCA.

What would you suggest I write back to them?

Something like you haven't complied fully with this request,

as part of the alleged debt includes a loan which has a CCA,

you have only requested a CCA for the overdraft which as you will know a CCA does not apply to.

Until such a time that you produce said agreement you cannot pursue this debt? Something like that?

Thank you so much.

Regards the SAR...Delay tactics from Natwest.

Maybe I should post about that in my other thread?

let it run

and no posting silly letters.

this is your NatWest thread

anything NatWest goes here

wait the sar.

I doubt very much the OD is legitimately owed

else NW wouldn't of sold it.

stop worry

let it run

await the sar.

dx

Hey DX/all,

Just an update on this.

I did write back to Rob Way just to say please request CCA from Natwest for loan,

be aware debt unenforceable until you have

(although I suppose the overdraft portion is enforceable,

but not the loan portion until they supply the CCA).

I have yet to receive any response.

How do you mean you doubt the OD is legitimately owed? In what way?

Regards SAR

- Still not received anything.

They called again, asking yet again what information I require.

I wrote back after phone call, again repeating myself.

Case worker wrote back with all the accounts that I can remember having,

bar a credit card,

which I gave them the account number for as a starting point in my original letter that I've now sent to them 3 TIMES!!!

Got a response saying sorry, they will look for that as well.

Now just awaiting all of the documents.

Still nothing. Must be over 40 days since my request was received now.

Update on Robinson Way/Natwest CCA requests.

For clarification, Rob Way are managing what I believe to be two debts with Natwest,

although they only list it as one with their own account numbering system.

I believe now one debt is for a loan and the other for an overdraft.

Had letters from Natwest dated 17th and 22nd August but received 7th Sept,

they are likely backdating letters to make it look like they replied before then.

I also note they've spelt my name wrong, well done.

Letter 1 - Regarding loan:

We regret to advise you that we are currently unable to locate the Loan Agreement form;

however out efforts are to continue to trace the documents.

Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty that is required.

 

We appreciate that, under Section 77(4) of the Consumer Credit Act, we will be unable to take steps to enforce repayment of the loan should you decide not to meet your obligations under the loan.

 

However, we believe that you should continue to make repayments as the agreement remains valid. You should note that your continuing default will be reported to the Credit Reference Agencies as Section 77(4) only prevents us from pursuing recovery of the debt through the courts.

 

Please note that if we do not receive an acceptable repayment offer,

we may take such actions as are legally permitted to recover the outstanding debt.

To note:

I had PPI on this loan.

I activated it and submitted all the paperwork required as soon as I lost my job/became ill.

When I was sold the PPI, I was told that if I were ever to become ill/lose my job Natwest would cover my repayments.

HA! What actually happened was, I had to have the job centre sign and then myself send back a form to Natwest every two weeks to prove unemployment before they would process any repayments that were made directly to me, and I was then responsible for repaying the loan with and on time.

Well, their claim processing department was ALWAYS behind on processing claims.

I rarely received the money on time, so couldn't make the repayment on time (because, strangely, that's why I took the PPI out to stop this from happening - but I was unemployed and had no money to pay it).

Then they marked it as a default on my credit file because the repayments were late (not my fault!).

I have a default, for paying £4k extra on a loan for protection I did NOT get. Excellent.

The PPI was active from 2011 up until the end of the loan's term, which was around 2014, I believe.

what is this amount I supposedly owe?

Well, because they were behind on processing and the loan term ended sooner, they refused to cover the last 3 repayments of the loan.

I currently have a claim open for being misold PPI, I will hear about that the latest mid-Oct.

I want the default removed as well, but to be honest, it's not worth the effort as it is dropping off my file in Nov!!!

Letter two,

well, I asked Rob Way to request the appropriate agreements for the other debt depending on what it relates to, which in this case is an overdraft.

But it would appear, yet again, they have requested the incorrect information from Natwest further making me look stupid.

Because the reply I had from Natwest is "Request for copy of CCA under Section 77 of Consumer Credit Act 1974"

- Natwest saying they will reply about that in the next 12 working days.

Correct me if I'm wrong, but overdrafts do not apply to Section 77,

do they?

Not really no

I received documents per my SAR request today.

Like cutting it fine, don't they?

From what I've had a rummage through,

I have what I need, thankfully.

There's quite a few damning documents in the packet.

Namely, the all my correspondence back and forth regarding me opening an insurance claim for my loan,

Natwest passing me back and forth to collections and debt collectors despite having an active claim (that claims were behind on processing).

I have a letter from complaints agreeing that the service I received was not what should be expected,

I was given a couple hundred pounds compensation and have in writing they agreed to remove the loan default from my credit file, which they didn't do, because it's still there!!!

so you can copy that letter to them again and get the default removed for the loan.

do a reclaim of that useless PPI.

and await the CCA return for the loan from Robbersway? as its still outstanding?

as for the OD.

any PPI....I bet there are heaps of Penalty charges and the interest they caused mind?

when was the last time yo paid into it?

how much is outstanding.

Letter written asking they remove the default as they said they would with enclosed copy of their final response clearly stating they would remove the default.

PPI claim made two months ago.

Text received today saying they have posted a letter detailing the outcome of their investigation.

Had another look through paperwork

- states I will receive all my statements separately from their statements department (although there are some screen prints of some).

Will look at charges etc when I receive those.

I've had £200 comp and £150 comp from them in the past from customer relations.

I reclaimed charges on credit card.

What's left now is overdraft charges, which my rough estimation makes up around £250 of the £600 or so Rob Way say relates to overdraft.

CCA requests - Loan CCA cannot be found, as I mentioned in previous post. Overdraft, still awaiting latest response.

Loan outstanding £400 or so.

PPI claim made back in 2011 and was active up until loan term ended in around 2014.

As previously mentioned, their claims department was behind on processing and didn't pay all was due.

Almost 2 weeks after SAR 40 day compliance deadline and still no statements for accounts received.

Cover letter from partial SAR documents says statements to follow from statement department, any issue contact them (written address only given, no number etc).

Called SAR team, asked what is going on

- said it is out of their hands,

only statement team can sort,

couldn't give me phone number,

said would email statement team to chase.

Mean time I contacted Natwest on social media on Monday, they've also repeatedly promised to come back to me with info/chase it and haven't.

Time to submit N1 to court?

PPI reclaim came back.

Complaint upheld.

Says amount they paid out exceeds amount I paid for PPI,

thus took that amount off my reward which entitles me to exactly zip, nudda, nothing.

Complaint sent to Ombudsman to remove the default from my credit file.

I sent a SAR to NatWest in July

. They required proof of ID.

On their receipt of this proof from me (Royal Mail signed for) the 40 day compliance began (3rd August).

On the 38th day I received partial data from NatWest in the post, but no statements.

The cover letter said the statements would follow. It's now day 55, 15 days over the 40 days compliance deadline and I still have not received any statements.

I've contacted the SAR department twice who've said it is out of their hands and is down to the statements department, but cannot give me a contact number for them.

I've repeatedly spoken to online customer service in the last two weeks who keep saying they've chased it and are awaiting a response.

What can I do?

I've sent an email to the ICO,

but they take up to 14 days to even acknowledge the complaint.

ring natwest head office and ask to be put through to Les matheson, chief exec. They will ask why and keep you hanging on whist they decide to try and fob you off with someone else but hopefully you will get a name of who you ebnd up with and they are in the right department

I really need some advice, guys. I'm at my wits end with this.

Per CCA request for my loan and request of terms/conditions

- Robinson Way wrote back to me several times saying they had asked Natwest for this information and were awaiting response.

Long story short,

Natwest have still not complied with the request for the CCA for the loan nor the terms for the overdraft.

I had a letter from Robinson Way last week to say that Robinson Way wrote to me recently to confirm that, in light of the dispute raised (me asking for Natwest to send CCA/terms) and Natwest not complying, the client Natwest has now asked that they return the account to them, so they will no longer be dealing with it.

Today I got a letter from Natwest saying their collections agents have been unable to come to a suitable arrangement with me, there my account details have been passed to Westcot Credit Services LTD to act as the new collection agent. Any queries about my account should now be addressed to them.

Now, I've read various posts

- correct me if I'm wrong, but Natwest cannot take this action, of continuing enforcement and passing me around debt collectors when a CCA/terms request is outstanding, correct? And they do this in the hope that you will not be informed and not know this, correct?

Should I now write back to Natwest and say that as they will know, they cannot continue to collection activities and pass me to a different collector when said CCA/terms requests are outstanding? What laws should I quote so they know I mean business?

Thank you in advance.

Also, the SAR I still have not received my statements.

I've had a final response from Natwest complaints over 2 weeks ago to say they would take up to 2 weeks to receive.

Nothing. So I replied and they said they can't do anything as they dealt with the complaint to the best of their ability.

Natwest are trying to screw me at every single turn.

enforcement..doesn't say that anywhere.

wetcloths are not bailiffs and have zero legal powers.

time to ignore everyone now.

dx

Thanks for replying, DX. I suppose any response to them would be some type of acknowledge from me. I'll do as you say.

Per SAR which I do still need, I'll pursue with the ICO.

- correct me if I'm wrong, but Natwest cannot take this action, of continuing enforcement and passing me around debt collectors when a CCA/terms request is outstanding, correct? And they do this in the hope that you will not be informed and not know this, correct?

 

.

'collection' activities can continue (though some don't), they can't enforce in court whilst a cca request is outstanding.

'collection' activities can continue (though some don't), they can't enforce in court whilst a cca request is outstanding.

Ok, thanks for that info, Ford.

you've seen some of the eg's where a creditor says that they will put things on hold whilst they sort out the cca request.

but, technically, a cred can still do the collection stuff eg letters etc. thats what they sometimes do, to try grind someone down, but as has been said, it can be ignored or reminded.

you've done a cca request to the creditor who still owns it?

I've had no letters from Westcott yet,

however they've started calling my landline and mobile last week

- multiple times a day (which I haven't answered).

What can I do to stop them calling?

I was going to just ignore it all,

as DX said,

but they use multiple numbers so can't block all of them.

I don't really want to acknowledge them.

However, in order to make the calls stop would it be advisable to write a letter informing them I had CCAed asked for terms and the account is in serious dispute and ask the account is returned to NatWest etc?

Reminding them debt unenforceable in court etc.

What would you all suggest?

SAR update - Still no bank statements.

Request made in July.

NatWest complaints claim they reordered them 3 times then sent me shopping vouchers instead...I want my statements.

I made a complaint with the ICO, which they received. Waiting on outcome.

In response to Ford

- I CCA requested Robinson Way who confirmed in writing several times they passed it on to NatWest.

Wrote to me again saying they are still awaiting on response from NatWest.

Then next thing that happened NatWest took back the account from them and passed it to Wescot with the CCA outstanding.

Likely they are trying to fleece me.

If Nasty still own it, it will do the dca 'collection' rounds and then prob be sold on, regardless. collection dca's have their process something like; calls, letters/calls, discount, then back to creditor if no result after a period of time. creditor will then just send it to the next dca to do the same. have you got one of those phones that can just let through contacts

I don't. But I suppose I could remedy that and get another phone or change numbers.