I'm getting a bit confused now as advice in previous threads and posts is that if you do take the FOS/Court route then it's likely that they will award 8% statutory interest on top of all PPI/Interest paid if you are successful. I'm also sure from reading other posts that RBS and other banks have awarded 8% on top. The offers they have made me are for a refund of my PPI + Interest paid at that time. They have not offered any additional amount and I was going to try and get as much out of them as possible seeing as they shouldn't have taken this money anyway. I thought by accepting part settlements and stating that I will be pursuing 8% interest through the FOS they might just back down and offer before it got that far. I'm now unsure what to do with these offers - do I just accept in full and final then because i don't want it dragging out for months to try and get 8%?

Hi FF I was just taking advice from other threads when suggesting part settlement then make a claim for stat interest. I am getting confused though to be honest! Example: PPI Claim 2 Start 28/05/2002 End Date 25/02/2003 Loan Amount: £15k Term: 84 Months APR: 7.4% Total Monthly Amount: £292.71 Loan with Int exc PPI: £19,989.48 £292.71 x 84 = £24,587.64 Total Repayable inc Int and PPI So £4598.46 is PPI/Interest = Monthly Total of £54.74/Month Offered to repay me £876.47 as £3522.87 was credited when my loan was re-financed on 25/02/2003. I was under the impression that I could also try and claim the 8% stat interest as I have lost the use of the £876.47 from May 2002? Have I gone wrong or is it wise to just accept their goodwill offer and not try to claim for further interest? Thanks:)

Just one more thing. I was going to put together another letter accepting their offers as part settlement and state that I am taking it further officially with the FOS. To accept their offers they attached a Declaration and Acceptance form to be signed and dated for full and final settlement. Do I amend this and make my own stating Part Settlement and state that I shall pursue the 8% interest through the FOS or do I just do a letter? Also if I go down the FOS route I know I have to fill in a Complaint Form but if I call will they give me a reference/case number to state to Natwest (makes it a bit more offiicial then!) Thanks again PS did anyone have chance to check that 8% interest for me??

Hi Hell - with regards to your comments (in bold) PPI Claim No 1 - Current Loan managed by Wescot £27k outstanding and managed by Wescot (or so it was - see previous thread!) Still awaiting valid CCA which has been 'passed to the servicing department' for response. But they have reiterated their offer of goodwill: Refund of PPI + interest paid to date: £2742.32 Cancellation of PPI - credit to account £2626.68 Credit to bring it in line with non-PPI a/c £2857.96 TOTAL credit to Loan Account: £8226.96 But they won't pay statutory interest of 8% as it is an offer of goodwill and it hasn't been established that these policies have been mis-sold. Personally I would accept this offer as part settlement to your complaint and you will review your situation on receipt of the ca:grin: You should also insist on the 8% interest. This is money that they should not have had and they have deprived you of the use of it. You also want control of this deprived money, so insist on a cheque, I did and got it. Twice they have refused to pay 8% interest because it is an offer of goodwill and not a mis-sold policy. They won't refund at all other than to credit the debt on my outstanding loan account. Which I'm ok with because it reduces the balance by over £8k but I would still like the interest! I am not going to accept this offer just yet until the valid CCA comes my way. It they don't have the CCA then I think I have good ground to try and get this refund as full and final settlement of the account??:grin: PPI Claim No 2 - May 2002 re-financed in Feb 2003 What amount were you after Still offering refund of PPI inc interest giving a total of £876.47 but won't pay the 8% statutory interest as they are not admitting liability just an offer of goodwill. But have agreed to pay by cheque so that's a result! Was after 876.47 + 8% interest but I'm not sure I've worked the interest out correctly. The PPI was £54.74/month - first payment 25/06/2002 and last payment 25/02/2003. I've got it to £808 - would that be correct? PPI Claim No 3 - re-financed in May 2002 What amount are you after. Finally have responded and again offered refund of PPI inc interest giving a total of £784.07 but won't pay 8% statutory interest as not admitting liability just an offer of goodwill. Again have agreed to pay by cheque. They are still to provide figures on this loan as I don't have any details. The £784 is what they have offered but not a breakdown of the loan, term etc - I'll chase them up again for this Ongoing: NatWest Credit Card - £8k Debt but confirmed no PPI ever added to this account. I'm still waiting for the CCA to see if this debt is enforceable and it's been way over the 12 day limit! Also still waiting for a list of charges on the account. I'm also now looking into getting 2 defaults removed from NatWest. Advantage Gold Account - Overdrawn by £2699 which was cleared in October 2007. £1904 of this was bank charged which were refunded and I'm sure I actually had an agreed overdraft of £800 so basically the defauly should be removed because it was the charges that caused it.Have you asked them for all agreements for the overdraft and also the agreement that you signed for your account to be converted to Advantage gold. I did and they do not have one. Naughty naughty:wink: OOh haven't CCA them for the overdraft and advantage gold. Where does this lead if they haven't got a CCA for them? Hell you have been so useful as usual - I know your on a mission with RBS/Natwest so are an expert in my eyes!! Any more advice re working out the exact interest would be fantastic!

Sorry just wondered if anyone had read my last post re the offers from Natwest so far? do you think I should accept without the 8% interest?

Thanks ODC. Do I write and point this out to Cabot or just leave it as it is? I'm just concerned that they are going to default me every month when they have no legal right to do so?

Update on Cabot - letter received today. States that Cabot purchased the debt from Citifinancial o 2 Feb 2006. Reply my CCA Request: 'Although Cabot does not have an obligation under section77/78 or the CCA they will assist the original lender and customers in providing this info'. PO returned. They have made several urgent requests to Citi to forward documentation but this has still not been received and basically they will continue to pursue this info and forward accordingly. 'Please be advised that the failure to provide a copy of your agreement in time does not affect the legality of your debt with Cabot but merely renders the Credit Agreement uneforceable until such time the agreement can be produced. Blah blah section 78 of the the CCA does not apply to us. As a gesture of goodwill Cabot has and shall cease any collection activity until such time the credit agreement is supplied to you' I also sent them a Statutory Notice under Section 10 of DPA requesting they cease storing and processing personal data. 'I must advise you that Cabot is legally entitled and obligated under the original credit agreement (? they don't have?!) which you signed and entered into with the original lender .... under Schedule 2 paragraphs 1-4 of DPA...' 'As a result Cabot will continue to process your data in order to perform the credit agreement which you consented and agreed to...' WHAT - How can they continue to process my data - they have no written evidence of me signing anything and cannot produce a valid CCA!!?? So where do I go from here - how likely are Citi to come up with a valid CCA and how exactly can Cabot continue to default me each month or can I get the CRA's to remove all this information as there is no CCA? How long shall I wait? Sorry, so many questions just not sure what to do now

Response from Natwest at last! PPI Claim No 1 - Current Loan managed by Wescot £27k outstanding and managed by Wescot (or so it was - see previous thread!) Still awaiting valid CCA which has been 'passed to the servicing department' for response. But they have reiterated their offer of goodwill: Refund of PPI + interest paid to date: £2742.32 Cancellation of PPI - credit to account £2626.68 Credit to bring it in line with non-PPI a/c £2857.96 TOTAL credit to Loan Account: £8226.96 But they won't pay statutory interest of 8% as it is an offer of goodwill and it hasn't been established that these policies have been mis-sold. I am not going to accept this offer just yet until the valid CCA comes my way. It they don't have the CCA then I think I have good ground to try and get this refund as full and final settlement of the account?? PPI Claim No 2 - May 2002 re-financed in Feb 2003 Still offering refund of PPI inc interest giving a total of £876.47 but won't pay the 8% statutory interest as they are not admitting liability just an offer of goodwill. But have agreed to pay by cheque so that's a result! PPI Claim No 3 - re-financed in May 2002 Finally have responded and again offered refund of PPI inc interest giving a total of £784.07 but won't pay 8% statutory interest as not admitting liability just an offer of goodwill. Again have agreed to pay by cheque. Ongoing: NatWest Credit Card - £8k Debt but confirmed no PPI ever added to this account. I'm still waiting for the CCA to see if this debt is enforceable and it's been way over the 12 day limit! Also still waiting for a list of charges on the account. I'm also now looking into getting 2 defaults removed from Natwest. Advantage Gold Account - Overdrawn by £2699 which was cleared in October 2007. £1904 of this was bank charged which were refunded and I'm sure I actually had an agreed overdraft of £800 so basically the defauly should be removed because it was the charges that caused it. Current Plus Account - Overdrawn by £1463 which was cleared in July 2007. Still waiting for a list of charges to see how much I can re-claim etc ADVICE PLEASE ON WAY FORWARD! Do I accept the offers on PPI Claims 2 and 3? And what do I do about PPI Claim 1, sit tight and wait for CCA first? Thanks:)

Well still no response from Natwest! I know the letter has been delivered because I have the Proof of Delivery from Royal Mail. I sent Postal Orders - is there any way of finding out if these have been cashed?? Thanks!

Another letter today from Cabot just stating that they acknowledge my recent CCA request and giving me an update. They acknowledge that it has been 24 days since the request and hope to send the info shortly. They will remind the lender that this info remains outstanding and should be processed urgently. Apologies for delay blah blah My account shall remain on hold until further notice So looks like there is no CCA (hopefully!)

Just received a letter (recorded delivery) stating I have won membership worth £3750 to ClubSeasons (Seasons Holidays). It entitles me to 7 nights accommodation/year in over 80 worldwide locations - I just have to pay for flights and a maintenance fee. Now I've heard of so called 'timeshares' before so before I ring them up I just wondered if anyone had heard of them and if it's all a big con! I do remember entering a competition on their site for a trip to Vegas and by entering that competition you were also put into a monthly draw for free membership. What do you think??

Hello again - you've been very helpful! Wescot are acting on Natwest's instructions to collect payments for my loan and credit card. I've been paying Wescot for nearly 2 years without any issues. But when I telephoned Wescot re my loan I was told they were no longer managing it and that Natwest had requested it back. How strange - Natwest have not confirmed this even though I have requested it, and Wescot will not confirm in writing either! Both Natwest and Wescot so far have failed to provide a CCA even though I sent PO's to both of them. Wescot returned the PO stating my previous thread, and Natwest have not even acknowledged it (request dated 12 August) When I cca'd Wescot for and CC they returned the request and PO and stated I needed to contact the client and gave me the Southend address. All very strange - I was under the impression that if a DCA was acting on behalf of a client that they should also have the CCA in order for it to be enforceable? If Natwest don't produce the CCA's, and they are now in default as the 12 days have passed, what's the advice then?

Hi Hellhas I've rotated the CCA and attached again. The T&C's are so small in the original so I've tried to increase but it's still very blurry. I can scan again and PM you if that would make any difference at all? The T&C's say in handwriting at the top - 'Debs - Pre 2005'. So not actually sure these are what was provided at the time of the Agreement... If this is all above board then that's fine - at least I know I've tried! http://i391.photobucket.com/albums/oo354/TinaP26/CCA.jpg http://i391.photobucket.com/albums/oo354/TinaP26/TCs.jpg Thanks again

Sorry to be a pain but I wondered if an expert could give advice on my last post. Natwest have still not responded following the CCA request dated 12 August and 29 August. Wescot are refusing to provide CCA and have twice informed me to contact the client direct as it is basically not their responsibility! Not sure what to do now as I don't have any info from either party in relation to CCA, Notice of Assignment etc.

Just wondered if someone experienced could have a quick look at the documents in my previous post. Are they enforceable? Thanks!

Right I've uploaded the correspondence from CL Finance so far. Copy of Assignment, CCA and T&C's. http://i391.photobucket.com/albums/oo354/TinaP26/CCA.jpg http://i391.photobucket.com/albums/oo354/TinaP26/DeedPage1.jpg http://i391.photobucket.com/albums/oo354/TinaP26/DeedPage2.jpg http://i391.photobucket.com/albums/oo354/TinaP26/DeedPage3.jpg http://i391.photobucket.com/albums/oo354/TinaP26/Letter.jpg http://i391.photobucket.com/albums/oo354/TinaP26/TCs.jpg Hope the attachments work ok - this is the first time I've used photobucket! Let me know if you think these are enforceable

Mmm that's what I thought someone would say. What I really don't want is the same as a couple of years ago. Waiting for the post to arrive every day, phone calls, and 6 years of waiting for it to become statute barred! How long realistically do I give them to produce the CCA request before requesting that the balance of the account be zero, the default removed and with the condition that if a CCA is produced in future that they cannot chase for payment (if this is possible) - even if I have to offer a very cheeky F&F offer to get them out of my life for good!

Is there a legal time limit for them to produce the CCA when the account is in default or does it become unenforceable forever after a certain amount of time? Ie, can they still chase the debt in years to come if eventually they come up with the CCA?

I do have it in writing that 'as a gesture of goodwill they will put my account on hold until we receive further communication from the original lender'. So I shall write back and say I will be cancelling my SO until such time that a proper CCA turns up. That will save me some money this month! One down just got to now get some advice on Natwest/Wescot who have both defaulted on the CCA requests! Wescot will take no responsibility at all and are passing it back to me to contact Natwest direct!

Update for you re Natwest/Wescot: NatWest: 3 x CCA Request for Personal Loans (2 settled and 1 outstanding) NatWest: 1 x CCA Request for Credit Card Wescot: 2 x CCA Requests as they manage my outstanding NatWest Personal Loan and the Natwest Credit Update so far: NatWest: No response so far re any of the CCA requests for Loans but but from their PPI offer letters they do state no agreement available for the 2 previous loans which have been settled. STILL NO RESPONSE RE CCA REQUEST - ORIGINAL REQUEST DATED 12 AUGUST and 2nd LETTER SENT INFORMING THEM THEY ARE IN DEFAULT DATED 29 AUGUST NatWest: Re Credit Card: Told me I need to write in with signature to confirm change of address (they already have this address from 12 months ago so I've wrote again with crossed through signature). How long do I give them to respond? RESPONDED - NO PPI HAS EVER BEEN ADDED TO THIS ACCOUNT. I'm STILL WAITING FOR A LIST OF CHARGES Wescot: Sent postal order back for NatWest Credit Card CCA request and tell me to write to Card Services at Southend - even though they manage the payments they obviously have no CCA on file. Where do I stand with making further payments now they have admitted to having no CCA themselves? Wescot: No response re Personal Loan CCA but when I spoke to them 2 weeks ago they informed me that the client (NatWest) had taken the account back from them and to cancel my Standing Order to Wescot! Have nothing in writing confirming this and am unsure what to do now RE: WESCOT. I WROTE AGAIN SAYING THAT AS THEY ARE COLLECTING THE MONEY THEY SHOULD ALSO BE ABLE TO PROVIDE A COPY OF THE CCA's FOR THESE ACCOUNTS AND ATTACHED THE £2 PO AGAIN. THEY SENT LETTER and £2 PO BACK DATED 4 SEPT Stating: 'As you are aware we previously instructed you to send your request for a copy of the opening agreement directly to our client with the postal order made out to them. This is their instruction and we cannot request the details on your behalf. I'm also still waiting for Natwest to confirm that Wescot are no longer managing my Personal Loan account. How much more time do I need to give them for this info? So where do I stand now? The original CCA requests were dated 12 August and I have had NO response from Natwest and Wescot won't provide info? Any advice would be appreciated as I've come to a standstill and not sure what to do now

Hi all Just found out that PPI wasn't added to the Debenhams account. But I have received another letter from CL Finance in request of my CCA and Notice of Assignment letter: They've attached a copy of the original Application Form which also states Credit Agreement regulated by CCA 1974 as well. They have also enclosed a copy of a Deed of Assignment and Assignation dated 13 December 2006. If someone can tell me how to upload I'll put it all on here so you can advise me on what to do next. With regards to charges I didn't SAR CL Finance/GE Capital so don't have exact figures but don't expect it to be in excess o £150. Where do I go from here as it looks all above board on their part?

Just a quick update re Cabot. I requested a copy of the Notice of Assignment which they are still to send but they have sent another letter re my CCA request. 'Although Cabot has requested the info, the original lender is experiencing a delay in retrieving the info from its archive'. 'We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender' Do I also need to contact the original lender (CitiFinancial) with a CCA request or just cancel my monthly standing order for the time being seeing as my account is now on hold? Is this a good sign and would it put me in a good position to offer a low F&F settlement?

Hi both The original agreement is with GE Capital for a Debenhams Account. I've already sent a recorded delivery request to CL Finance for a copy of the Notice of Assignment of the debt so will let you know what they come up with. I'm not trying to avoid paying the debt because I've been paying CL a monthly figure for about 2 years now and they seem quite happy with this. I just wanted to to try and find a good enough 'argument' to offer them a reasonable/acceptable F&F settlement to get rid of this debt for good. If they do come up with the Letter of Assignment then I'm not sure what offer to make them (£2k debt)?

Well low and behold on Saturday morning a letter from CL Finance in the post with a copy of my original credit agreement for my Debenhams account - typical! It looks like a genuine agreement as well so don't suppose there's a lot I can do with this one unless I offer a F&F and see if they accept. Does anyone know how much CL Finance normally pay when they buy a debt - what %?

Sorry got my Deed and Letter/Notice of Assignment confused I don't have a copy of the Letter of Assignment from Citi to Cabot but am sending letters off to request this. But I do have a copy of the Notice of Assignment from CL Finance stating they have been assigned absolutely from GE Capital (Debs). Am I ok to go ahead and send the letter to CL Finance seeing as i have notice of assignment - they have not responded to my CCA request dated 12 August but have cashed the £1 postal order and credited against my account? I am going to state they are in breach of my CCA request etc.. Are there any standard letters for this? Also had no response from Natwest re my CCA requests so they are also in breach. Do I have to give them a further 30 days to respond though?