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BeerFun

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About BeerFun

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  1. Any chance of a hint at the weak points? I have closed a defaulted account with O2 and paid the final bill, so the contract/agreement is definately terminated. So I was wondering if i can still (under DPA) have the default removed?
  2. Oddly enough, Natwest seem to be ignoring all my letters requesting clarification of the CCA they sent. Think that they are hoping that I will go away. As I have a tomlin agreement with them, I think that I will apply to the court for a stay on the basis that they dont have a valid CCA. Will see what their defence is to that ie: if they claim they have, then use that to force a true copy, if they sya they dont, then seek a strike out of the loan!
  3. I have spoken to Trading Standards and they stated that though the amount on the agreement was above £25000, the agreement still stands as NatWest will be held to the agreements Terms and Conditions. Basically it means that NatWest would be held to the CCA conditions by the courts despite the amount. Unfortunately it also means that we are bound by agreement despite the amount. However, there are other terms missing on my CCA agreement, so not giving up yet!
  4. Need to get a hand writing expert to do an analysis, that would prove it!
  5. Ok, guess that the position is still that they had me sign a loan that porported to be covered under CCA76 but which infact wasnt and therefore is void and un-enforceable. I will send off a letter to Natwest laying this out and will wait and see what this stirs up, as its a complaint, they will have 10 days to answer.
  6. They have agreed to reduce the sum from £23500 to £17000, if I make over payments. No CCJ, but did take me to court seeking due to failure to maintain a Tomlinson agreement ( which we had agreed after a Default), but they failed to turn up and the judge sided with me and said that I only need to pay a minimum monthly sum. Interestingly the court also detailed the sum as £17000! The good thing is that they would have to go in front of the same judge if they wanted to try for a ccj, in which case i would just take the copy of the CCA they sent me, and argue that it was miss sold.
  7. I guess that the banks dont let it get as far as a court incase a preidence is set against them going this? I Hope!!!
  8. So does anyone have a link to a suitably worded letter template? Im not good with the various CCA quotes for the right bits
  9. Thanks Josie, I received it from East lending centre, via the Credit Management lot at kendal court, as thats whos address I had for writing to. They had tryed to take me to court last year, twice (they wanted bigger payments!), but every time i went into the court Natwest didnt send anyone, so the judge just asked me what i wanted to do, and I said "pay a small amount each month" and he agreed!! Better if I can just get rid of it!
  10. My problem is that as the amount is over £25000 its not covered by CCA, and therefore, I cant argue that "under CCA" its un-enforcable!!! See my issue?!!!!!!!!!! I guess all I can do is argue that it was miss sold as a loan agreement?
  11. When I first wrote to NatWest asking for my CCA, they set a letter stating that as the amount was over £25000, that it wasnt covered by CCA, when 3 days later that CCA loan agreement turned up!!!!!! Now, should I write to Natwest or just go into the branch waving the copy and demand to know why I had been miss sold a loan???!!
  12. Oh, I have no memory of signing at that document! I remeber signing a document, just not that particular one, the info looks right, ie the repayments etc.
  13. Nope the date is my handwriting, i recognise the 2 year old like scrawl!!!! the date change is mine to, so they got that right, but the incorrect points required by CCA and the fact that the loan excedes the CCA limit is a little worrying for me. Surely it miss selling, which is a big FSA no no, let alone CCA?
  14. Sparkie, yes I did sign it, though at time did not know about CCA limits etc. I have lost my copy, though I do have an argeement that i didnt take out from a couple of months earlier which looks totally different and the details were printed!!!!!!!! Did NatWest change the form ever 2 weeks, seems like it from all the different versions that peeps have on here!!!!
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