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ashbypl128

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  1. Here is quick reply i got today ************************************* Re: Request for copy, Credit Agreement under section 77 of the Consumer Credit Act 1974. We refer to your correspondence dated 18th january 2009. In the circumstances we appreciate that under s.77((4) of the Consumer Credit Act if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan by court action. Nevertheless, as we have already advised, we expect you to meet your obligations under the agreement, bearing in mind that the agreement isn't void, and remains valid. Therefore for the avoidance of doubt and as previously advised if you do not make the loan repayments as they fall due we will report your default to the Credit Reference Agencies ("CRA's"). The RBS group and other companies may use the record of the default and any other information provided to the CRA's when considering applications by you, or anyone else with whom you have joint account or similar financial association, for facilities including motor, household, credit, life and general insurance. The existence of information on accounts in default at the CRA's may impair your ability to obtain credit or other financial facilities such as current accounts for a period of up to 6 years. Should any further assistance be required including help with setting up or amending the payment date for the a Standing Order or Direct Debit please do not hesitate to contact us at the above office. ***************************** 1. From what they are saying is they are "unable to take steps to enforce repayment of the loan by court action" if I decide not to make repayments. 2. They say "We expect you to meet your obligations under the agreement, bearing in mind that the agreement isn't void,and remains valid". Well where is the agreement. No agreement. not valid. Is that correct? Any ideas or suggestions on next plan of action will be much appreciated.
  2. many thanks neward i will post it 2moz. good luck 2 you.
  3. Anyone please. does this look ok to send. thanks.
  4. Many thanks again Neward. How does this look? National Westminster Bank Plc. Customer Service Centre 740 WatersideDrive Aztec West, Almondsbury Bristol BS99 5BD. FORMAL REQUEST FOR INFORMATION CPR part 31.16 Dear Sir/madam Account number: ******************* Your ref: *********************** I have previously requested a copy of my loan agreement, which you have been unable to provide – as you state that you have “misfiled it” and you “have been unable to locate it.” I have reason to believe that no valid or enforceable agreement exists between us. I must stress that the particular request, I am making through this letter, is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy ( through lack of the original ). will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances I do not view this as an unreasonable request.. Since this matter is likely to be subject to proceedings, and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3)©&(D) which gives the court the power to order you to disclose this document to me. The disclosure of these documents will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore I again ask that you provide me with the documents which I have previously requested. I don't consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to my local County Court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which i have requested. If this order is thereby granted I understand failure to comply would be considered Contempt of Court. In addition to this,I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary. Please confirm by no later than 4pm on 20th March that you will comply with my request or if you will not comply, please provide your reasons in writing. Should you be unwilling to enter into negotiations to resolve this matter out of Court then please pass this correspondence on to your Legal Department for their immediate attention and since this letter is the first stage of intended court action I may be forced to instigate, you are required under the general pre-action protocol of the CPR to send me any information I request. Please therefore supply me with a copy of any and all documents in your possession that you will be relying on as a defence to this claim. I look forward to hearing from you. Yours faithfully my name. Sending recorded delivery 2moz and giving them till 20th march.
  5. thanks neward. this a bit confusing to me all these letters and names.what is a cpr and can you or anyone post a letter for me on here to copy and edit that would be great. sorry to be a pain.
  6. thanks everyone. is there a template letter for cpr request or can anyone show me a letter to send. many thanks.
  7. Thanks Neward. I didn't take any PPI out with loan and I haven't stopped paying loan yet, Do you think I should stop now? thanks.
  8. Ok folks here we go......................... The reply I got is.. Dear Mr ........ Re. Request for copy, Credit Agreement under section 77 of the Consumer Credit Act 1974. We refer to your correspondence dated 26 January 2009, and apologise for the delay in our response. We regret to advise that the loan agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under s.77(1) of the Consumer Credit Act and return the £1 you paid. notwithstanding this the loan agreement remains valid and we expect you to continue to meet your obligations under the agreement. We should point out that if you cease to make future payments as they fall due we will report the default to Credit Reference Agencies ("CRA's"). If you require more details about your loan we will be pleased to supply whatever details we have in our records. Should further assistance be required, please do not hesitate to contact us at the above office. There we go folks.... What do I do next please.
  9. Thanks Neward. I think I have read most of them with great interest. Hi paul. Loan taken out July 2005. £16,000 left to pay.
  10. Hello to everyone. Requesting true copy of credit agreement from NatWest for £25,000 loan .Sent recorded delivery and signed for on 28th january.Will wait and see what returns.Will keep you all posted.
  11. yes working days.good luck
  12. yes 12 working days. good luck
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