I'm going to send off to both Citi and Cabot today for a copy of the Deed of Assignment. I'm also in a similar situation with CL Finance for my Debenhams card (GE Capital). I do have a copy of the Deed of Assignment for this one dated 21 December 2006. Again CL Finance have not responded to my CCA Request but have cashed the £1 postal order and used it to credit my outstanding balance (I have this month's statement and it was used as credit on 13 August). As I've got the Deed of Assignment saying that it has been assigned to CL Finance absolutely can I just go ahead with breach of CCA letter, they are in default, non-enforceable debt etc and offer them a low f&f settlement? Thanks for your help so far

I don't think your paranoid at all, just giving some good advice to novices like me! I'll contact Citi and Cabot and ask for a Notice of Assignment before I offer any settlement. surely this should be on file anyway? I appreciate any advice because I don't want it to come back and bite me on the ar*e later on when I think everything is settled:lol:

I'm not sure if they actually own the debt but the default is in Cabot's name. On Cabot's CCA response it gives a Cabot Reference Number but also states Original Lender as Citifinancial ad gives an account number which looks like the CitiCard Credit Card Number What difference will it have if they are or aren't the lender in this situation? What do you suggest as the next step? Thanks

Hi Adamski Sorry for late reply but been on holiday and busy at work! Think I might not have been clear in the last post. CL Finance have stopped the threatening letters now as I've been paying them an agreed amount for over 18 months for the Debenhams debt. But I'm now looking at claiming back PPI on various credit accounts that's why I needed to know who to CCA to see if I'd ever paid any PPI on this account. I sent my CCA request and £1 postal order to CL on 12 August and have had no response as yet - so thats 15 days putting CL in default. I haven't CCA'd GE Capital because I now deal with CL Finance and they should be able to provide a copy of the CCA as they have been assigned the debt. I'm in the same situation with Cabot. I'm looking at sending a letter stating they are in default for non-compliance of the CCA request and as such the debt is thefore unenforceable. But as a gesture of my goodwill I will offer a F&F settlement of say 5-10% of the debt.. I've been advised that I can stop payments but I really can't go through all the hassle of phone calls, threatening letters etc and would rather pay a small sum to get this debt paid off. what do you think?

Hi ODC I must admit if I could get away without paying minus the hassle it would be fantastic. But I had a horrible year in 2006 with the phone calls, letters etc that it caused so many arguments with my OH because he thought bailiffs would be coming round etc that I can't go through it again. He's happy that it's all being paid and that the hassle has stopped. So for an easy life even if I could get away without paying evetually I am happy to offer them max of 10% to clear this debt and then can start on the others! I just want to be debt free and start afresh OnMyWayOut has also offered good advice about sending in payment and if they accept it that they accept my conditions of F&F settlement. Do you have a link to a good letter? I'd rather not send a cheque though and would prefer a bank transfer once they've agreed in writing to the F&F.

I'm hoping if I post again this will bump it up the threads and someone might give me some advice before the weekend - please!! If you read my other threads for more info but basically I'm trying to claim PPI from Natwest who have agreed for 2 out of 3 loans but won't pay interest which I'm still fighting for. To get more fuel for my fight I sent off my CCA requests on 12 August to: Natwest: 3 x CCA Request for Personal Loans 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. 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? 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 As you can see I seem to be getting nowhere with these CCA requests and really don't want to stop payments and start up the hassle again. What would you advise now that the 12+12 days have passed? Legally as Wescot were instructed to collect payment on Natwest's behalf, should they have had a copy of the CCA in order to comply with the Data Protection Act? If so, what next? Thanks for anyone who can help me with the next stage!

Thanks OnMyWayOut (good name by the way!) I think I'm going to go for the 2nd option of offering a small F&F settlment. If the debt is £1800 and they haven't produced the CCA within the required time do you think offering them 10% is a good offer? What would you suggest putting in the offer letter? Or can you point me in the right direction?

I have put a response on another thread but was advised to start my own re Cabot. Basically Cabot took over my CitiFinancial account and I have been paying them an agreed monthly sum for nearly 2 years now. For info they registered a Default on my credit file. After looking into reclaiming PPI on various credit agreements I decided to obtain my CCA from Cabot. So far: 12 August 2008 : Sent initial CCA request letter off with £1 postal order. 14 August 2008: Received standard letter from Cabot dated 13 August along with returned £1 postal order. This letter stated 'they are not obliged to provide this info blah blah ... but are pleased to help and have already requested the documentation from original lender (Citi). In their letter they state 'they anticipate they will be able to provide this info within 12 days..' Well the 12 days from the date of their letter (13 Aug) is up (deadline 25 Aug). Where do I stand now? I've got advice from another thread saying to stop the Standing Order payment but I'm wary about doing this as I really don't want to start up the non-payment and threatening letters again. It caused a lot of stress in my relationship getting all these letters. What I'd prefer to do is write them a letter stating they are now in default and as they cannot provide the CCA the debt is unenforceable. But as a gesture of my goodwill I will make a settlement offer on condition that they remove the default - and offer them something stupid like what 5 or 10%? What do you advise? I do have the money to offer to settle if it will clear the default completely. The last thing I want is the hassle of taking it to court and stopping payment etc... Thanks - hope someone can advise. I also have queries re Wescot but not sure whether I should start a new thread...

Thanks ODC. I'll start my own thread now re Cabot. Well it looks like their 12 days are up because their last letter was dated 13 August which would give them until 25 August to reply?! Look out for my thread then as I'll be needing more advice on this one!!

Hi apologies for hijacking your thread but I've read with interest re your Cabot CCA I pay Cabot an agreed monthly amount by Standing Order for a debt with CitiFinancial. I sent off the CCA request to Cabot and also got the same standard response ' we are not obliged to provide this information but we are pleased to help and have already requested the documentation from the original lender.. should have this within 12 days' Now I called Cabot 2 weeks ago and they told me I owed £1800 but on the CCA letter it says I owe £2554!! I've also got a Default on my files from Cabot but surely in order for them to have Defaulted me they should have a valid CCA on file not have to request it from Citi? Like you I'm also new to all of this CCA business but if I get this debt paid off for a stupid pittance and removal of default then I'm up for the fight! Any advice for me on what to do next? I posted the CCA letter on 12 August and their letter was dated 13 August and I understand they have 12+ 2 days from the date of my first request = giving them until tomorrow to get the CCA back to me..??! Thanks again:-)

Hi, still waiting for advice re my last post re Cabot CCA letter. But an update re my NatWest Credit Card. I sent CCA request to both NatWest and Wescot (I pay Wescot as they manage the payments). NatWest Card Services want me to confirm my new address with signature (surely it should be enough that NatWest have already corresponding since August 07 at my address)! Wescot have sent a letter back with the £1 stating: 'our client has requested you write to the followig address and state in your covering letter that this is a section 77/78 request ....' I understood that for Wescot to take payments that they needed to have a copy of the CCA on file. Same as Cabot on behalf of Citi.. Can anyone advise me what to do know since all my last updates? Thanks!

Do they state anywhere which one's they normally use? Or what is the main one that they use? Sorry if I appear thick but I'm trying to clear up my credit file and this has confused me totally!

:confused:I've been using MyCallCredit to check my Credit Record but thought I'd also check Experian and Equifax. I can't believe the difference -: MyCallCredit: 7 Credit Accounts with 5 Defaults recorded Experian: 12 Credit Accounts with 5 Defaults recorded Equifax: 7 Credit Accounts with 1 Default recorded I'm so confused, really need to print them off and cross-reference to find out what's going on. Is this correct though that they can all have different accounts, status and credit ratings? Whats the best way to get them all the same??

Any advice re my CCA letter from Cabot. I really want to get a response back to them today Thanks!

I've had my first response back from my CCA requests - this is from Cabot who manage my Citi CCard. When I called Cabot on Monday 11 August they told me the outstanding balance was £1804 and I wanted to find out a F&F settlement figure. I offered then £700 but they basic tried to push me to £1250 which I refused. I sent the CCA Request off and they have replied today returning my £1 as they 'do not accept the statutory fee required...'. They replied: 'The Cabot Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender'. Am I right in thinking that Cabot actually needed to have the CCA in order to enforce the debt and make me pay? My payment schedule is now with Cabot not Citi. Also they tell me in this letter that I currently owe £2554 and not the £1804 over the telephone! Where do I stand or are they correct in applying for this from the original lender, Citi? Thanks - any advice or letters that I can use would be most grateful:-)

Well the CCA letter has gone to Natwest as per my previous post - see what they come up with! Now I want to ask a 'what if' situation as I have also CCA'd other creditors including Cabot, CL Finance, Wescot and Natwest Credit Cards. I understand that I give them 12 + 2 Days for initial response and then wait for the 30 days to lapse. What if they don't respond - do I send the original letter again after the initial 12 or 30 Days?? What happens if they come back and say that they don't have the original Credit Agreement? I don't want to stop paying and start up all the letters/calls again so would be looking at offering full and final settlements. What is best to offer them in this situation - 10%?? I'm hoping they don't have the original agreements because if this is the case and 10% is acceptable then it looks like I could be debt free and will push for the defaults to be removed.

Sorry me again! I have just drafted this letter to Natwest and wondered if someone could have a look and let me know if it's ok. Sorry for the long post: I am writing in response to your letters dated 26 June 2008, 16 July 2008 and 6 August 2008 I relation to the above 3 PPI Policies with Natwest. Credit Agreements After seeking legal advice I now request a copy of the credit agreements in relation to all of the above Personal Loan and PPI Policies. Under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £3.00 which represents the fee payable under the Consumer Credit Act. According to this Consumer Credit Act a copy of these credit agreements should be supplied within 12 days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Offers of Goodwill Again I refer to my letter dated 22 July 2008. After seeking legal advice I accept unconditional Part Settlements on these accounts. Until I receive my Credit Agreements I am unable to agree to a Full and Final Settlement. I request that the following Part Settlement for your Offers of Goodwill are made payable to me direct by cheque and not credited against my loan account or refunded into my dormant/closed current account. This is money that I have been deprived the use of due to mis-selling of the PPI which has caused me financial issues with various organizations not just Natwest. It has also caused emotional stress and upset. I’ve been advised that it is therefore my money to distribute to creditors as I wish and Natwest cannot control access to this money. I had a conversation with Stuart, Section Manager at Credit Management Services in Telford on 5 August 2008 to obtain the status of my accounts. He has advised me that you are aware that my current account is Dormant and I have subsequently requested full closure on this account. Stuart confirmed that when claiming against Natwest for a refund for PPI that the claimant can request how the money is refunded – company policy allows it to be refunded by cheque and it doesn’t have to be refunded against a loan account or into a current account. In your letter dated 16 July 2008 you informed me that my Loan Account is in arrears by £3947.76. Once I have received the cheque for Part Settlement as per this letter and copies of all of my Credit Agreements then I will look into bringing these arrears to a zero balance. I am also going to continue to claim for the statutory interest at 8% as again this is money that I have been deprived the use of whilst paying for PPI. If I referred this case to Court then any money payable to me would be in the form of a personal cheque and would include statutory interest at 8% (according to S69 of the County Court Act). It would also be highly in my favour as they would question why you have made Offers of Goodwill if there is no liability to be questioned, so I feel the claim for interest is justified. I would accept unconditional Part Settlement as per below: 1 Payment Protection Insurance Policy – Credit of PPI premium to Loan Account when PPI was cancelled: £2626.68 Refund of PPI paid to date: £2742.32 Refund a further amount to bring account in line with non-PPI account £2857.96 + Claim of Statutory Interest at 8% APR on paid PPI amount (£2742.32) £943.10 TOTAL TO BE CREDITED/REFUNDED £9170.06 2 Payment Protection Insurance Policy - Refund of PPI Paid £876.47 + Claim of Statutory Interest at 8% APR on paid PPI amount (£876.47) £408.36 TOTAL TO BE REFUNDED £1284.83 3 Payment Protection Insurance Policy – Advised in your letter of 16 July 2008 that you are still investigating this policy but I have still heard nothing as of today’s date. I look forward to your findings within the next 7 Days. TOTAL TO DATE TO BE REFUNDED BY CHEQUE: £10,454.89 Wescot Credit Services After communication with Wescot Credit Services on 11 August 2008 I have been informed that my Agreement with them in relation to my current personal loan has been withdrawn by ‘the client’ (namely NatWest) on 7 August 2008. Wescot have therefore advised me to cancel the monthly Standing Order to them with immediate effect as they are no longer managing this account. If you are not able to supply me with a copy of my Credit Agreement in relation to this account then you have been in breach of the Data Protection Act by supplying my details to third parties without a Credit Agreement. If this is the case then I may have to inform the OFT, Trading Standards and the FSA of this breach As this investigation has been ongoing since February 2008 I look forward to hearing from you within 12 days with copies of all of my Credit Agreements and a cheque to the sum of £10,454.89. Does it look ok - any comments welcome! thanks

Anyone any advice re my last thread? As time is ticking i really want to get letters in the post today. I have drafted a letter to Natwest requesting the CCA's on all my accounts. I am also agreeing to part-settlement on my terms on the offers of goodwill so far. Part settlement includes interest payable at 8% plus direct payment to me by cheque and not to my loan account/current account. Does this sound good or should I hold off on the part settlement? I've also told them that if they can't produce current CCA then they are in breach of the DPA by providing my details to Wescot and then withdrawing the account from them. Just want to make sure that I'm doing the right thing by agreeing to part settle...

They have already admitted that for my PPI Claim 2 they no longer have the loan agreement so there is no CCA for this one. They have offered a GOGW of £867 but no interest - what exactly can I claim for if they have no CCA on file? I shall send a CCA request off for PPI Claim 1 to both Natwest and Wescot. If this has now been withdrawn from Wescot and Natwest don't have a CCA on file what do I do? The balance is £27k but would reduce by nearly £9k with the refunds - is there any way of settling this as an unenforced debt if they do not produce the original CCA?? I also owe Wescot £8k for a Natwest Credit card so will CCA for that as well! On another note I really do want to settle some debts and make a fresh start. I pay both CL Finance (Debenhams) and Cabot (Citi) a monthly payment and would like to make a cheeky offer for settlement. Is it wise that I again get a CCA to make sure the debt is actually enforcable? I called Cabot today and offered a F&F settlement of £700 for the outstanding £1800 and they tried to push it to £1k. I've declined and they are supposed to be getting back to me. But think I'm wise to hold off until I know about the CCA and then if no CCA I'll make a really cheeky offer of say 10% plus removal of the default. Is there anything else I need to do? I had 2 overdrafts with Natwest purely made up of charges which I reclaimed but they refuse to remove the default on my account. When questioning the date of the default I was told it was Jan 06 (correct) but that one default was issued to cover all four of my 'accounts'. (1 loan, 1 ccard, 2 overdrafts). Can they legally do this?? :confused:

Hi thanks for your comments. I haven't formally made a CCA request - it's actually been quite easy so far to get them to offer this money! I sent my original PPI refund letter in February and they have sent the offers as my previous post. PPI Claim 2 - I asked Natwest in July for the personal loan info for my PPI Claim 2 - this loan was re-financed in Feb 2003 so not in the hands of Wescot. They initially offered me the £867 but didn't include any details of the loan so I asked for details which they sent me but said that the Loan Agreement is No Longer Available (loan dated May 2002 - Feb 03) PPI Claim 1 -My first PPI claim I never requested a CCA but do have details of the monthly payments with and without PPI etc, total loan amount and amount payable etc. I've been paying Wescot for this one for over 2 years but haven't requested a CCA from Wescot. They first wrote and gave me a goodwill gesture of nearly £8.5k consisting of: refund of PPI premium upon cancellation, PPI refund of premium paid so far and refund to bring my account in line with that of a non-ppi account. I wrote back requesting stat 8% interest and agreed that the PPI cancellation refund and their offer of a refund for non-ppi account be credited against my loan account (was happy to do this because it brings the debt down) but I requested that the PPI paid so far plus my interest refund be forwarded by cheque - they have refused and say it will all be credited to my loan account. But a new development - I called Wescot lunchtme to get a settlement figure -thought I would be cheeky and offer them the amount that Natwest have agreed to refund so far (nearly £9k). Wescot tell me that the account was withdrawn from them by the client on 7 August and that I needed to cancel my Standing Order to Wescot for this account. How strange - why would Natwest do this? So do I accept their offers in part settlement on condition that they pay me direct by cheque. They have said they won't pay me direct because I have arrears of nearly £1.4k on the loan account which needs to be cleared - but if they are refunding nearly £9k then obviously the arrears will be cleared and I'll be in credit!

In my other thread I've explained that I've just been offered a refund of over £9k from Natwest which they insist on taking off my loan balance. Basically my personal loan and credit card are managed by Wescot and for over 2 years I've been paying Wescot 2 amounts by standing order in order to clear these balances. I have just called Wescot for a Settlement Figure as I was going to negotiate that the £9k refund be in full and final settlement of this debt. Well, I've been told today by Wescot that Natwest withdrew this account from them on 7 August and I need to cancel the monthly standing order to Wescot as they no longer look after this account. So what's going on, why would Natwest take it back from Wescot? Has this happened to anyone else? I'm a little worried that because I've heard nothing about this from Natwest that if I do cancel the SO to Wescot Natwest will start chasing me for payments etc. But I am confused as to why they would remove from Wescot? Any help please?

Update for you. I sent off letters to Natwest re 2 out of 3 of my PPI Claims. First PPI Claim In my previous post I explained that Natwest had offered a refund of my current loan's PPI as a gesture of goodwill and also would credit the loan account to bring it in line with a non-ppi loan. They have also cancelled the PPI for this loan and will credit the PPI cancellation. Great .. but I've tried to negotiate and ask that the PPI that I've already paid (over £2.5k) is refunded directly to me and not credited to my loan account. They have refused - as my account is managed by Wescot and I have £1.4 k in arrears they are crediting it all to my loan account. But the arrears would be cleared anyway by the other 2 credits. They are also refusing to pay interest because it is a gesture of goodwill. So, my question is where do I go from here? Can I legally request a direct payment as it is my money and can I push for interest? Surely if I threatened to take them to court as they've offered a gesture of goodwill they are admitting liability anyway? Claim 2 Again they've offered me a gesture of goodwill refund payment of £867 which is correct. I asked for details of this loan which they gave me but did state that 'The Loan Agreement for this policy is no longer available'. Loan was taken out in May 2002 and cleared in Feb 2003. Again they will not pay interest because it's a gesture of goodwill. To be honest I'm happy if they will pay £867 direct plus the other £2.5k direct because it will help clear my other debts. So what's the best option now? I want to try and get letters in the post tonight if possible as it's been dragging on since February!

Apparantely the Current Accounts are unofficially closed and are dormant. As far as I know Wescot don't own the debts, Natwest referred the debts to them to obtain payment. I have an agreement with them to pay a set monthly figure. I pay Wescot and this gets allocated to Natwest against the balance on my Loan and CC. The payment never goes through my Current Accounts just directly against these balance. I'll find out the reasons why the accounts can't be closed and post on here

The balance on both of my Current Accounts is now zero. I have balances on a Loan and CC account which are managed by Wescot and I pay Wescot monthly by standing order for an agreed amount. There are now no credits into my Current Accounts at all. Surely I can close both of these Current Accounts completely and just continue to pay monthly to Wescot (the monthly payments come from a different bank account not Natwest)? I basically don't want my PPI refund to be paid into these accounts and be swallowed up. (Natwest have agreed to pay out in 2 out of 3 PPI complaints, just waiting for decision on the third). These payouts will enable me to clear all my other debts and I'll just then have the 2 with NatWest outstanding.

Just a quick update re my last posting. I called Natwest today to check that both of my current accounts had been closed. This has not happened. Apparantely they are classed as dormant accounts and are unoficially closed - they won't be closed until my personal loan and credit card balance are cleared. How can they do this? Surely you don't need a current account with the bank to have a personal loan and credit card? I then asked about Default notices that are on these accounts. Apparantely when the Default Notice was given in January 2006 it covers all of my 4 Accounts. When you agree payments with Wescot they class all 4 accounts as one and the one Default Notice covers all of them. Is this right?? They have agreed to update my credit file as one of the accounts was settled in February but they've only just classed it as settled. The manager in CMS actually told me that he's heard of people removing their default notices early by paying a fee to the CRA's. Anyone else heard of this as I'd be happy to pay a fee to get early removal of these 2 Defaults. Looking forward to some good responses!!