I am now dealing with a loan issue through NatWest, and would like to start a thread in the proper section.

I've found the NatWest thread, but that seems to only be about bank charges claims.

I want to 'be' in the right place, so can anyone tell me, for loan advice, do I still post in the NatWest thread? Or is there somewhere else I should go.

Thank you.

Post it here, if needs be I can always move the thread for you.

Ah, thank you, you're a sweetie

My title won't give much info, so here goes, keeping it as brief as possible...

Bank loan with Nat West taken out latter part of 2006.

Sent initial letter requesting credit agreement, which they couldn't supply.

Subsequently sent 'Scott's' letter putting account into dispute.

Also opened new account with another bank and am currently in the midst of closing my current account with Nat West to avoid any retaliatory behaviour from them.

Have now received the following reply and I'm not sure how or even if I need to respond to it.

Any help would be gratefully received.

You don't need to respond, they've admitted that they cannot provide an enforceable agreement.

Their reference to the McGuffick case is a red herring, besides that's going to appeal anyway.

All they are saying more or less is although they can't legally pursue they can still mess about with your credit file.

Thanks again, I can see you're on the ball today

I guess I must put my 'good manners' aside, as I feel like I should respond, and just let it run it's course.

I'm assuming that when I start getting DCA letters there are 'stock' letters to send,

i.e. requesting they provide a credit agreement to prove their case, etc.

One thing did come to mind, and it may be another bluff on their part,

is if they can't provide a credit agreement from 3 years ago,

would they be able to 'find' the statement that shows the transfer of funds into my current account?

Would that hold up in Court?

Unless, I'm one of those terribly unorganised persons that just never checks their bank account details

Keep that letter safely, when/if another DCA crawls from under a rock sometime in the future, just send them a copy along with this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

'find' the statement that shows the transfer of funds into my current account? Would that hold up in Court?

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

ah ha, I didn't know that.

I could do with a few more 'gifts' lol.

It's not a huge loan anyway,

and I'm more than halfway through paying it.

But at the moment, I need all the help I need.

Thank you, you're a star.

I have today received the first notification from NatWest advising I am behind in payments

- it comes from the branch I originally held my current account with,

not the branch the loan was granted from

or the department that wrote about the lack of a loan agreement.

I would like to respond, but not sure how to.

Something along the lines of

"NatWest have not been able to provide a copy of any loan agreement .... monies seen as a gift as Wilson -v- First County Trust Ltd.

Is there a template letter that I can amend?

I aware that if any CC action happens (unlikely I guess without an agreement) I must be seen to have been reasonable in my actions.

With this in mind, is there now a set route I should follow?

Many thanks for your continuing help.

I wouldn't bother replying to them, it's branch level trying to cover their ass. They don't have a leg to stand on & they know it, unfortunately although they cannot take legal action there is nothing to prevent them from asking you for payment. Obviously you are entitled to tell them to go forth and multiply..... or just ignore them & save the postage.

Thank you Cerberusalert - somehow I assumed that all correspondence would come from the same department.

Guess I shall just have to don my 'tin hat' and take cover ;-)

They say in their letter I should expect one of 'these' letters at least every 6 months ...... We shall see.

A new update to the CCA 1974 came into force earlier this year which states that creditors have to give regular updates as to the state of the a/c, that's all it is they've sent you.

Thanks again Cerberusalert, just out of courtesy, i've sent a simple reply telling them I am in contact with the customer services department at manchester.

Wouldn't want them to think i'm ignorant. ;-)

I have renamed your thread flooz

Thanks Saintly.

Hope someone can advise me.

7 years ago, I put a NatWest loan account into dispute, as they couldn’t produce a copy of the agreement.

Since then, they have been marking my credit account with ‘late payment’.

I made the mistake of responding to one of their letters 6 years ago,

although all I did was send a copy of the letter sent 7 years ago.

Last month, I received a letter and statement, the letter saying (in short) “due to my circumstances, they would not be chasing the debt...”

and the statement shows a credit for the balance, and “account closed”.

I’ve just had a new credit score statement, and this month they have noted a ‘default’!

This doesn’t seem right, and looks to me like it’s going to take another 6 years to drop off my credit report!

Any advice of what I should now do is welcomed.

They should have defaulted after the 3rd missed payment.

dx

If they dont change the date back to the proper one, complain to the ICO and the CRA

old threads merged for history

old threads merged for history

Thanks dx, it’s a good reminder for me.

Are they just being difficult and trying to drag this out for as long as possible? If it’s just the case of hanging on for another month or two, i’ll do that, but it seems terribly wrong.

If they dont change the date back to the proper one, complain to the ICO and the CRA

Thanks Renegadeimp. Is there a letter template in existence that will help me please?

Not really. You just write and make a formal complaint about the lender.

However you need to complain to the creditor first, and allow them the 8 weeks period to rectify.

If they dont, then you can complain or force them to rectify it in court and get compensation.

14 days only to rectify the defaulted date error

Or you'll start a complaint to the I c o and seek compensation!!

I have had a look at the ICO website, and under their 'report a concern', the first step is to write to the organisation.

Given Natwest's behaviour already,

do I definitely need to do this, or is that only if I submit an online report.

I couldn't see an address I should write to.

Ah, just found page 2 of this thread.....

I write to Natwest, i assume setting out their error of 7 years of late payment markers, and now a default.

Do I do a 'correct this, or else' type of letter?

Sorry, but I'm useless at letters. Something like this? And what is the 'regulations' that I can refer to please?

"I write in connection with the information on my credit files relating to the above loan account.

There has been no correspondence from myself in relation to this loan for over 7 years, during which time, you have continually marked my credit files with ‘late payment’.

Despite receiving confirmation from yourselves that this account is ‘closed’, you have now marked my credit file with a ‘default’.

According to ………….. a default should have been entered after 3 late payments, which would have been around December 2010/January 2011.

It appears you are abusing the regulations, and as such, I respectfully request that you amend my credit files immediately. Should it remain uncorrected after 14 days, I shall have no alternative but to inform the ICO and request compensation for your error.

I await hearing from you. "

the information commissioners office

the information commissioners office

Thanks dx

Having now checked all my files, I see that it's worse than I thought.

This account was actually put into dispute in 2009, with the last payment being made in October of that year.

I have prepared the following letter, and would appreciate if someone could advise if it is ok.

I don't want to leave myself open to any more possibly grief from NatWest.

"I write in connection with the information on my credit files relating to the above loan account.

This account was disputed in November 2009 when you failed to provide a copy of the consumer credit agreement. There has been no acknowledgement since that date. Following correspondence from you in October 2011, you were provided with a copy of my letter of 5 November 2009.

During the last 8 years, you have continually marked my credit files with ‘late payment’.

Despite receiving confirmation from yourselves that this account is ‘closed’, you have now marked my credit file with a ‘default’.

According to the Information Commissioner’s Office, a default should have been entered after 3 late payments, given the last monthly payment was made on 20 October 2009, a default should have been entered in February 2010.

It appears you are abusing the regulations, and as such, I respectfully request that you amend my credit files immediately. Should it remain uncorrected after 14 days, I shall have no alternative but to inform the ICO and request compensation for your error.

I await hearing from you. "

Hope is it ok. And thanks in advance.