Thanks Angel! No problem - Im no expert but if I can assist in any way! Enjoy dinner. Angel:)

Hi guys! Just thought I would let you know the latest re the NatWest. Basically I sent them a very detailed letter explaining all the issues about not being able providing me with details of payments made and interest charged, the matter of the conflicting balances and many many more! and guess what? I received a letter on Christmas Eve saying that they have closed the account and will not be demanding any more payments from me! I think they knew they didnt have a leg to stand on as there were just too many descrepancies. I am as you can imagined extremely pleased! Still no word from Moorcroft after saying the account is on hold until they can come up with the agreement. No news is good news! Will keep you posted. How are you getting on with yours - any developments? Good luck and thanks for your help. Angel

Maz, Thanks for your comments! Of course, feel free to use bits from my letter - I myself copied them from various templates after hours of searching through !! I know what you mean - I couldnt beleive they actually admitted it!! Lets see if they will surrender after my reply! Good luck with your journey too. Take care, Angela

Thanks for all your comments guys! I have sent my letter off and am awaiting a response. In the meantime, I have spoken to a solicitor who reckons I should have a good case to claim back some monies and has offered to do this on a no win-no fee basis. At first I was happy with just getting the debt written off but now I think why not go for it!! Thanks for the tip re the data controller, I will send him a copy also. Another result on another matter is I did a CCA request to Moorcroft who have just written back saying that they are continuing to seek a copy of the credit agreement and until they have done so they have placed the account on hold! Fingers crossed they cant come up with it! I will keep you posted. Cheers. Angela

Hi again! Yes, I have been given conflicting advice about being able to get 2 default notices on one account so not sure about that. I have just put together my response and would like your opinon if thats okay. I feel like Ive spent too long pondering on it and trying to incorporate all the different aspects and I feel Im starting to lose the plot!!!! An honest opinion would be very much appreciated. Here goes! Dear Sir/Madam DEFAULT UNDER THE CONSUMER CREDIT ACT 1974 FAILURE TO PRODUCE AGREEMENT ACCOUNT NUMBER ***** I wrote to you by Recorded Delivery (Ref ****) on 1st October 2008 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 postal order as the fee payable. This letter was delivered and signed for on 2nd October 2008. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 23rd October 2008. This account is now in dispute. As you have rightly stated as you are unable to provide the agreement and the law clearly states that you cannot legally enforce this debt but I disagree that you are able to report my continuing default to credit reference agency as I am not defaulting on the agreement. This account is in dispute and will remain so until you have satisfactorily responded to the above. Whilst this account is in dispute, and remains in default – I should remind you that you may:- •Not demand any payment on this account, nor am I obliged to offer any payment to you. •Not add any further interest or charges to this account. •Not disclose or pass on this account to any other party/agent. •Not register any adverse payment history regarding this account with any Credit Reference Agency. •Not issue a default notice related to this account. Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default will have no legal standing, and will be vehemently challenged. Data Protection Act (Data Protection Act 1998 Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would result in you being further reported to the relevant authorities. I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request. I have taken legal advice on this matter and have been advised that if you pursue this debt then I should report *** to Trading Standards and the OFT and I can assure you that if you attempt to serve a SECOND default notice on me I will not hesitate to take this course of action. Yours faithfully, ** Do you think I should add in about possibility of claiming back all the payments made? Many thanks for taking the time to read it - my other half thinks Im obsessed !!! LOL! Cheers. Angel

Hi there Thanks for your response. Yes they can kiss goodbye to the charging order! I have since received a letter saying that my payment arrangement has come to an end and if I dont significantly increase my monthly payment they will issue ME with a default! Would you be able to tell me exactly where it is stated that: Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring. I have found this on a template but I have taken legal advice and was advised that there was nothing in the Act which states this. With regards to yours, that is interesting, do you think that should be my next move if they persist? Do they really have 7 days to cease prcessing data from the date they defaulted as per the Data Protection Act? I keep learning more and more! Bye for now.

Check it out, received a reply from Natwest to my CCA request as follows: 'We regret to advise that the loan agreement has been misfiled and despite searching of our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires. In the circumstances we appreciate that under s.77((4) of the CCA 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. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn’t void, it remains valid and your continuing default will be reported to the Credit Reference Agencies. S.77(4) only prevents us from pursuing recovery of the debt through the courts.' Could someone please advise whether they can still issue a default as it is my understanding that if the debt is in dispute then they are unable to report you to credit reference agencies. I have already defaulted on this but it has been since removed from my credit file. Can you be issued with a default twice? Any opinions would be greatly appreciated as to my next move. Angelina

Hi, I dont really know much about this but I recently requested a copy of my CCA and the 12 plus 2 days is up today. I have read that the law has now changed and they have not committed an offence by not providing the CCA. Is this correct? Does this mean they are not in default? I found a template to send after the 12 plus 2 days but not sure if it is correct. Would someone be able to let me know if it is? And if not, would anyone have a standard letter I could send to them at this point. Its all a little confusing for me. In the meantime the NatWest are harassing me on the phone so I am keen to get it sorted. I just don’t want to be sending them letters whereby what I am stating is incorrect. In my first letter at the time I thought they had to respond within 42 days as I didn’t know it had changed and I wrote in my formal letter requesting the CCA that they have 42 days to provide it. Do you think this matters? Any advice would be really appreciated! Thanks Template Letter: Dear Sir/Madam DEFAULT UNDER THE CONSUMER CREDIT ACT 1974 FAILURE TO PRODUCE AGREEMENT ACCOUNT NUMBER *** I wrote to you by Recorded Delivery (Ref **) on 1st October 2008 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque as the fee payable. This letter was delivered and signed for on 2nd October 2008. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 23rd October 2008. I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states: If the creditor under an agreement fails to comply with subsection (1)— (a) He is not entitled, while the default continues, to enforce the agreement; and (b) As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (23rd October 2008). Data Protection Act (Data Protection Act 199 Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities. I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request. Yours faithfully

Whoops. Forgot to show you my letter!!! Dear Sir/Madam DEFAULT UNDER THE CONSUMER CREDIT ACT 1974 FAILURE TO PRODUCE AGREEMENT ACCOUNT NUMBER *** I wrote to you by Recorded Delivery (Ref **) on 1st October 2008 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque as the fee payable. This letter was delivered and signed for on 2nd October 2008. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 23rd October 2008. I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states: If the creditor under an agreement fails to comply with subsection (1)— (a) He is not entitled, while the default continues, to enforce the agreement; and (b) As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (23rd October 2008). Data Protection Act (Data Protection Act 199 Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities. I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request. Yours faithfully,

Hi, I dont really know much about this but I recently requested a copy of my CCA and the 12 plus 2 days is up today. I have read that the law has now changed and they have not committed an offence by not providing the CCA. Is this correct? I found a template to send after the 12 plus 2 days but not sure if it is correct. Would someone be able to let me know if it is? And if not, would anyone have a standard letter I could send to them at this point. Its all a little confusing for me. In the meantime the Natwest are harrasing me on the phone so I am keen to get it sorted. I just dont want to be sending them letters whereby what I am stating is incorrect. In my first letter at the time I thought they had to respond within 42 days as I didnt know it had changed and I wrote in my formal letter requesting the CCA that they have 42 days to provide it. Do you think this matters? Any advice would be really appreciated! Thanks

Hi, I have been reading various threads with great interest and just wanted to clarify what I have read to be true. I have recently requested a copy of my credit agreement from NatWest who have verbally advised me that they do not have it. I then sent them the formal letter requesting it under the Act. I sent this on 1st October but have not heard anything to date. This is a loan which I took out in 1997 and have been issued with a default. As this was over 6 years ago the default has subsequently been removed from my credit file. I still continue to pay this loan but they are asking that I significantly increase the monthly payment or they will apply for a charging order on my property. Is it true that if they are unable to provide me with a copy of CCA that they cannot enforce this debt? I have found various templates which to send them after 12 working days but I wanted clarification that what they state is correct. Do I need to instruct a solicitor in this regard? I am also pursuing Moorcroft Debt recovery who again have verbally advised that they do not have a copy and again am awaiting a reply to my formal response. Is it true that not only is the debt unenforceable but they have to pay back what you have already paid? I set out below a template for contacting them after 12 working days if no response is received and would be really grateful for confirmation that the contents are correct. .. I look forward to hearing any your advice! Many thanks.