Hi aa I've already requested confirmation from Natwest as to why the accounts have been transferred back from Wescot but guess what no reply! I was on a day's holiday yesterday and spent most of the day getting letters ready to be posted so you know what I'm glad you posted on this thread today because you've reminded me to chase them up! That's another letter that I shall do and get in today's post:) I've already requested info from Wescot and they will not provide me with anything or confirmation etc so think a nice little breach of the DPA letter will be sent to them as well. I'm in the mood for these letters today so will also write again to Wescot to confirm where the payments have gone and also perhaps make another DPA complaint to all the official bodies. Bring it on - it just drives me up the wall because my patience is now running thin waiting around for answers arrgghh! TMA

Thanks both. 42Man I sent off the letter that you suggested on 13 October and have received no response as yet and the 21 days are now up. Where do I go from here as they still haven't sent a copy of the original agreement or acknowledged my letter? Do I write again ? I also have some other issues but will create news threads so it does't get confusing! Thanks TMA

Hi As you can see from my threads I'm also having difficulty obtaining copies of the original loan and credit card agreements from Natwest. A loan that was closed in 2003 I'm told that the 'agreement is no longer available'. Current Loan - CCA request: They provided a 'true' copy in line with the request but it had no signature or date on at all and was basically what I feel 'created'. Would not stand up in court and would be unenforceable - I'm now about to request a copy of the original signed copy - won't hold my breath. Best bit was that they sent me a statement of my arrears - which actually belonged to another Natwest customer with his address and bank details on! :grin: Credit Card - again complied with the CCA request but the CCA they provided was actually 'created' as it has my new address and not the address when I took out the card! I've requested a copy of the original signed agreement but no response as yet. Like a lot of people on here this loan and credit card ended up being passed to Wescot and defaults entered onto my file. So yep I'd be very happy to sign a mass complain - bring it on HHNF!!

HHNF and AA - The letters will be in the post today - cannot wait for the responses! One thing I am now unsure of and need your fab advice once again. Regarding my current loan for which they have not sent a signed copy of the CCA so in my eyes this is now not enforceable: They have already agreed to refund PPI paid to date including the interest, and also credit the loan account to bring it in line with what it should have been had the PPI not been taken out. Now so far I've not agreed to this because they won't refund by cheque due to the arrears and will only credit to the loan account and I was also waiting the outcome of the CCA request:) Where do I now stand if the actual agreement is unenforceable? I can send the same letter that I did with the unenforceable Credit Card but I don't want to accept PPI refund to be credited to the loan account if its not actually enforceable - confused.com!! So do I do the following: 1) Send the unenforceable letter re my personal loan and stating that I shall now withold payment + 2 ) Request that the PPI refund be returned by cheque due to it being unenforceable Or 3) Request that the PPI refund be made as a Full and Final Settlement on the Personal Loan account... this would be fantastic as I would in effect be debt free!! MMM come on I know how you all love a good fight with the nastywest ha ha!:grin: TMA

Hi AA I'm now back in Natwest mode after my long working day in Belfast on Wednesday! Ready when you are for that response - I'll hopefully have time this weekend and Monday to get all those letters together - shall enjoy sending them:-D TMA

Yep just bin the letter unless you want to be tied into something! I had a good look at the site etc and didn't take it any further. I had another letter last week offering me 50% of the maintenance fee for the first year! To be honest you'd end up paying over the odds for a week each year which you could find cheaper elsewhere! A total [problem]!

Thanks to both of you again. I'm out with work this afternoon and tomorrow so it will be Thursday now anyway before i can get the letters sent off. But I just can't wait! TMA

Thought you'd both like the NatWest mistake!! I shall do as you say and send all those letters off tomorrow - someone will get fired for that hopefully! Anyway here is what they basically sent me. As HHNF said the CCA has literally been printed off their computer or once again created. It does have my name and prevous address on from 2003 when the loan was taken out but has no signature and I can't even see a date on there - basically it could be anyone's agreement! Have a look at what they sent and it beggars belief that they could be so stupid to send me some chappies bank details from Doncaster - ooh how I can't wait to send those letters off!:D TMA

Serious Data Protection issue - Natwest Update regarding my outstanding Personal Loan with Natwest. I made a CCA request and they have just responded today (request made 29 August!). Natwest forward to me a covering letter which states: Under Section 77 there is no obligation for the Bank to provide you with a copy of the original agreement bearing your signature. A true copy does not need to contact any persoal info relating to you as the debtor nor does it need to include a signature box or dates of signatures' Well well - what they have sent is obviously a copy of the loan document but not the original copy with any signatures on there. What do I do now then as they obviously don't have the original document? Also attached with the letter and agreement is a schedule of arrears - WHICH RELATES TO A DIFFERENT CUSTOMER!! It gives me the other customers name, full address, account number and sort code!! Then goes on to list date of loan, amount of loan, installments and current balance. Then a list of missed payments -signed and dated at the bottom by a Natwest employee! So taking the DPA into account I now have full account details relating to someone who lives in Doncaster - millions of miles away from me. Naughty naughty - I'm sure the FOS, FAS would like to know about this. Obviously this is disgusting but I'm also now wondering who actually has my Schedule of Arrears which would also include my address, account number and sort code? So two issues - any advice on what to do because this is quite a serious issue in my eyes! Thanks!! TMA

Thought so! By supplying me with this are they actually entitled to send this in response to my CCA request under section 77/78? The only issue is that they have also provided a statement of account which shows I've been paying Wescot monthly for nearly 2 years. But should they have referred it to Wescot if there was no CCA and should they have defaulted me?? Can you point me to a good letter with some legal jargon please... Thanks!

I've got a long thread going in the PPI section about my battle with Natwest but thought I'd pop over here for advice on the so called CCA that Natwest have sent. It's for my Credit Card which I pay monthly through Wescot. They haven't sent a 'copy' of the original signed CCA but have sent a 'created' version instead. It's definitely not the original because it has my new address on and there are no signatures, dates etc. So where do I stand now? I'm not trying to dispute the debt just trying to get myself into a better position to offer them a F&F settlement. Can they enforce this by using the created CCA they have provided? If not what shall I write back to them? Thanks TMA

Hi is there anyone around to have a quick look at my last posting. What I had in response of my CCA request from Natwest for the Credit Card Debt. Any ideas of what letter I send back requesting a true copy of my original agreement not a 'created' version. My aim is to hopefully get a letter from them stating they do not have a 'true copy of the original agreement' which would then make it unenforceable so I can offer a very low F&F. But I need some advice from experienced CAG'rs and legal bits for the letter.:grin: Thanks TMA

Thanks both - again! I've managed to scan in the documents that Natwest sent me in response of my CCA request for my Credit Card. This is not a copy of the original CCA and it has no signatures on there. I don't understand how it can actually be enforceable as this could be created by anybody? I'm hoping to find a way that is is unenforceable so that I can offer a F&F settlement based on this. I'm not looking at taking them to court but just want to settle some debts. I've looked through some of the threads but am getting so confused by all the info (doesn't take much at the moment because work is so busy!!) Here are the links: http://i391.photobucket.com/albums/oo354/TinaP26/scan0001.jpg http://i391.photobucket.com/albums/oo354/TinaP26/scan0002.jpg http://i391.photobucket.com/albums/oo354/TinaP26/scan0003.jpg http://i391.photobucket.com/albums/oo354/TinaP26/scan0004.jpg http://i391.photobucket.com/albums/oo354/TinaP26/scan0005.jpg Thanks! TMA:)

Thanks aa I'll have a read of this link but my concern is that Natwest have 'created' a CCA and not provided a copy of the original agreement - not sure if this then becomes enforceable. But I'll have a look through the threads and see what I can find TMA:)

On Saturday I finally received a response with regards to my CCA request for the Natwest Credit Card. I received a letter which stated the following: 'We are obliged to provide your client with a 'true' copy of the Credit Agreement and a statement of financial iformation relating to your clients account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be paid. In terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement. I have enclosed the S78(1) information.' They enclosed: * What they call my CCA - which has basically been 'created' from the info that they have. It is not the original CCA because it has no date, no signature and the address is my current address not the address that I was at when I took out the credit card! * A copy of their current T&C's * Statement of Account dated 28 August. The first one that i have seen since Wescot took control. This is also funny because they have my old address on this document! So it looks like they have no original CCA on file and I take it that it's good news for me? What do I do now? I understand that they have to provide the original CCA for this debt to be enforceable but I have been paying Wescot a monthly sum for nearly 2 years and they have provided a statement of account - can they still claim this is an enforceable debt without a valid CCA? What's the next step to get a F&F settlement and rid of this debt? Thanks again! TMA

Hi Maz I've had a look at your thread and your so called 'agreement'! I definitely have more info than you - I took mine out in 1999 what year did you take yours out? I've also checked what is needed to make it enforceable and am 99% sure that mine is. It has sections on APR, minimum repayment, credit limt etc. I owe about £2.7k but am going to offer them a cheeky 10% F&F settlement and see what they come back with! You never know they might accept or be open to negotiations! Will let you know - shall send the letter Monday now as haven't got time to go to Post Office today to send recorded (why are Fridays always so busy at work!!) Adios for now:-D TMA

Hi Maz Sorry but I'm new to all this and haven't got a clue how to make the T&C's bigger - mine are also so small that it's hard for anyone to read them I'm still waiting for someone to confirm if my agreement is enforceable or not before I offer an F&F settlement. I really don't want to offer them a high amount if it's not actually enforceable in the first place:grin:. What % where you thinking of offering as a F&F? Is your agreement with GE Capital for a Debenhams account? If so I'd be interested to see if they have sent the same T&C's etc TMA

Hi hell I will think about it tonight but at the moment I am moving towards accepting their 2 offers but will hold off my decision on their 3rd offer until they produce a CCA. They have already admitted that they don't have a CCA for the loan relating to the £876 refund which completed in Feb 2003. If they don't produce a CCA for the Current Loan and Credit Card then I shall come back for advice on opening that can of worm's!! Whilst writing this I was just thinking - if I wait until the CCA result before accepting their 2 offers does this put me in a better position for the interest on all 3? mmm think I'll have a ponder on this over a glass or two of wine tonight!

Thanks everyone especially hell As you know Natwest have offered PPI refund on two old loans offering me £876 and £784. After reading some of the other threads I really don't hold out much hope that they are going to give in and add the contractual or stat interest on these 2 loans so think I am going to accept their goodwill offers. I know it seems like I'm folding but I don't really want to wait 6-9 months for the FOS to decide if I should get the interest as well. Plus I don't think Natwest will forward a cheque for part-settlement, I think they will just await the final outcome from the FOS and make me wait months for any payout. The 2 refunds come to over £1660 which will pay off 2 other debts - leaving me with Natwest Current Loan and Credit Card. So it might actually do my credit file some good! My Current Loan is/was managed by Wescot and they have offered PPI refund etc on this one but I shall hold fire and not accept for the time being. They still have not responded to my CCA request so the account is in default - I'm hoping that they don't have a CCA and then I will try and get the amount they are refunding as full and final settlement on the account (if this is possible?!) Still no CCA for my Credit Card either and I'm also waiting for a list of charges. So I still have a fight on my hands and am hoping to get small F&F settlements accepted on the basis of no CCA. If this does happen then I will be debt free for the first time in years and hopefully my credit rating will increase. For info: My 2 other debts are with CL Finance and Cabot. Cabot have put the account on hold because they haven't yet been able to produce a CCA. CL Finance have sent a CCA but I do need someone to have a look and see if it's valid before I offer a F&F settlement - it's in my other threat CL Finance - Debenhams I shall be back again when I get a response from Natwest re the CCA's but if anyone thinks I am doing the wrong thing by accepting them please let me know before the acceptance goes in the post tomorrow!! TMA

Just bumping it up as I'd like someone to advise whether this is an enforceable CCA. Ideally like to offer a F&F settlement pretty soon - one less debt! TMA

SORRY x- Not sure how to paste the letter without all the 'font's etc.!! If someone can tell me how to do it properly I'll upload again

I've drafted a letter to NatWest - could someone have a look and let me know what they think? Further to your letter dated 17 September 2008 outlining your offer of goodwill refund of £876.47 in relation to the above PPI Policy. I am still not happy with your response that you are not going to consider adding interest to the above amount. This is money that I paid out in PPI premiums and have been deprived of ever since. You are well aware that I had been having financial difficulties and I do believe that if I hadn’t been paying the PPI elements of the loan then I would have been in a much better situation financially. PART SETTLEMENT I accept your offer of £876.47 in Part Settlement of my claim against PPI ******. I advise you that I shall be writing to the FOS to continue my claim for Interest repayment. If the FOS uphold this complaint then I will be requesting Contractual and Statutory Interest to be rewarded and the refund will be as follows: Refund of PPI: £876.47 Contractual Interest at 7.4%: £763.88 Statutory 8% Interest: £726.21 TOTAL TO BE REFUNDED: £2366.5 FULL AND FINAL SETTLEMENt I am happy to accept Full and Final Settlement on the following conditions: PPI Refund: £876.47 Contractual Interest at 7.4% APR £763.88 (calculated to 30/09/2008) TOTAL TO BE REFUNDED: £1640.35 I have attached the interest schedule for your information. If you feel that you are still unable to offer an interest repayment then I have no choice but to refer the matter to the FOS and/or Court to re-claim full PPI refund, contractual interest and 8% statutory interest payment. Within the next 7 days I look forward to receiving a cheque for: £1640.35 in Full and Final Settlement of PPI Claim **** Or £876.47 in Part Settlement of PPI Claim **** Thanks!!

Hi HHNF and AA Both helpful as usual -thankx Right then I don't want to give in and just accept their offers without a fight. At the end of the day they are not admitting mis-selling but in my eyes by offering gestures of goodwill so easy they might as well admit to it!! This is my plan - what do you think? I shall write back and accept their offers as Part-Settlement but shall state i am looking for contractual interest to also be paid and if they don't agree then I will look to the FOS and Court to make a claim for this interest. When I send them my part settlement do I also send an LBA at the same time? I just want them to know that I am serious and am not backing down easily, the money would be very nice in my bank now but I can wait a while! Any help again would be great as I want to get this right and not mess up my chances of getting extra money. So any wording/legalities please throw my way!! I'm still waiting for my CCA request to be answered for copies of CCA on my current loan and credit card. I've already told them that they are in breach and I can legally withold any more payments but still no response -mmm does this mean they don't have them on file? That would be good news for me because if I could Natwest off my back I could make them remove the Defaults due to no CCA and my credit file would be good again! Thanks again TMA

Hi FF I understand what you're saying. Not sure what to do now - if these are the best offers Natwest are going to make maybe I should just accept. Just need to weigh it up and consider going the FOS/Court route because the interest payments would be worth it- mmm decisions decisions! Are you any good at working out the stat interest - do my workings seem right to you? Also how are you with enforceable agreements - I need someone to check my CL Finance one in my other thread ..! Thanks again:-D

Hi would someone be able to look at my last post and see if the CCA that CL Finance have provided is actually enforceable. I'm pretty sure it is but just want a more experienced bod to confirm. I'm trying to clear some debts so would like to offer a F&F settlement to CL Finance but obviously this amount would depend on whether the CCA is enforceable. Thanks again!