Hi Marder, I personally didn't use any templates from this site because I had started my action agaisnt NWest before I stumbled across it. There are many available and judging by the feedback it seems that they are very good. I am still fighting a losing battle (according to NW at least). All I can do is wish you the very best....

Hi Sequest, I really wish I could help but unfortunately I am in a very similar situation my self other than that I have decided to keep paying until such times as my Solicitor / the Court resolves the situation. I would suggest paying in the meantime (if you can), but if you can't then you will just have to dig in and ready yourself for the fight. As far as I can see, through all the research that I have done, the onus is upon the bank to prove the required details. In my case, the issue started when I noticed that they have been charging an incorrect interest rate. Therefore, I am being disadvantaged and the only way I can ensure that I am compensated for my loss is to take the matter to court. I have repeatedly told Nat West that I would be willing to reach agreement (say 0.75% lower interest rate and not the 1.5% that they should be charging) but they continue to act with the same bare faced arrogance. The funny thing is that I am convinced that they know they are in the wrong but just can't bring them selves to say sorry. Having seen the formers bank bosses being questioned by the Commons select committe last week, it is no wonder that this selfish, ignorant attitude prevails throughout the bank. I'm afraid I don't feel; qualified to offer advice, but will give as much support as possible. Just try and stay positive. I have just managed to get them to admit that they mis sold the PPI appertaining to the loan because they do not have any documentation so I will be using that refund to pay my Solicitors costs (until she claims them back!!). And, never forget - Nat West's overdraft is now bigger than yours ever will be:) Good luck........

Hi, Sorry but I'm not sure what "CPR 31.16 or LBA" are - please let me know in case I have missed something vital. Thanx

I too have considered a no win no fee company but decided against it for two reasons: A) My ultimate aim was never to have my deby written off - just to ensure that I am being charged the correct rate and B) The company I contacted wanted me to make payments to them until the situation is resolved but didn't give any gaurantees as to how long that would take so I could end up paying out just as much - just to a different recipient. Sadly, and quite nerve wrackingly, I have decided to fight it alone. I may be beaten but it won't bve through lack of trying.........

Hi, I am at the same point as you (more or less). What I have found is that the Banks, the Financial Ombudsman and the credit reference agencies are either completely ignorant of the law or choose to flout it constantly with no regard for anyone that their violations affect. Nat West have advised me that they will apply a default to my account despite being advised that this would be illegal. The person I have been dealing with has stated "Well, I don't know about the law: all I know is that we will apply a default no matter what if you don't pay". As far as I can tell, you are quite right that the loan is unenforceable and only by standing up to them can we bring about a change to their attitude and ensure that others do not suffer from the same incompetence, beligerence, arrogance and unlawful behaviour that they seem intent on pursuing. I am intending to start a petition on the 10 Downing street website asking for the issue of defaults being applied when accounts are in dispute to be stopped as I feel that currently, the general public is being let down by a lack of enforcement of laws which are set in statute. Unfair application of defaults can affect not only an individuals credit rating but also career prospects (such as entry to the police force) and I think it is time that the issue was highlighted. I think it is only a matter of time before a bank is landed with a lawsuit for destroying someone's career / life. May be if they have to pay out millions they will begin to see the law more clearly. I will post the link as and when I manage to get the petition started. Best of luck and hang in there - they will try and break you.................

One thing that has been puzzling me during my ongoing case with Nat West is how their complaints procedures work (or not as the case may be). It seems to me that even when they receive a letter stating that they are in breach of acts of parliament, the person dealing with it does not pass it to anyone more senior, instead it seems to sit at the same level with the member of staff concerned not knowing (or even caring) whether they are flouting the law. Does anyone know if they actually have a process for escalating serious issues? My letters have been answered over the last 14 months by folks from 6 different locations so it's no wonder we, the customers are confused

Received another letter from NW just a couple of days ago asking me to give them more time to investigate. Surely 14 months is long enough?

Hi Folks, I recently started a misselling claim for PPI from Nat West. This is in addition to the problems I currently have regarding the loan that the PPI relates too. It seems that Nat West will shortly be accepting that the PPI was missold as they are unable to locate any of the paperwork (no surprise there as they have been looking for it for 14 months!) so a refund looks likely, but I am puzzled as to how this will be calculated and refunded. It is a single premium policy and a friend has told me that they may not "refund" as such but may instead just adjust future payments to take in to account the variation. I've also heard nightmare stories of loand being re-calculated at extortianate rates etc, but surely as the loan is effectively a separate product to the PPI, it should just continue to be paid at the agreed rate :-? Any ideas please?

Still no response and patience run out so Solicitor appointed and battle lines drawn!!

Sent letter to Nat West. 7 days are up. No response - not even a "thanks very much, we'll get back to you". Checked to ensure they have received it and they have. I bet they will be in contact when I cancel the direct debit........

Go for it - Good luck!!

Hi, thanks for the reply. I have to admit that when I spoke to them on the phone they were very good and seemed to understand. I've put it in writing though just to make it official though. They have told me that they will listen to all of the phone calls regarding the selling of the PPI and this should hopefully reveal their mistake. I am presuming that they will be honest with me but if not then I will have to ask for an SAR as you suggest. Fingers crossed though, it won't come to that....I'll keep you posted.

I was sold PPI by First Plus in August 06 and I have just found out that it does not cover pre-existing medical conditions. I have a pre-existing medical condition which makes it distinctly possible that I will take time off work and need to claim (although fortunately I have never yet had to). It's a good job that I haven't needed to claim because it would be absolutely useless to me. I was not told that it did not cover me in this eventuality. I certainly didn't take out the policy in fear of redundancy because I have been with the same employer since leaving school in 86. Not only that, but the policy runs out after 5 years and the loan is due to run for a further 5 years so not only would I pay 5 years for no cover but I would be 5 years without cover if they deem that my circumstances have changed and won't insure me again. I think they have mis sold it. Any thoughts please?

Thanks for the reply, I have already questioned the data protection issue but they stated that because it is misplaced and not lost, this means it is still in their possession so no breach has occurred and if it has been shredded, they say that this means that no breach has occurred. I personally think that they have no proof that they have lost it and it is quite possible that it may have been stuffed in the salesman's briefcase and left on a train somewhere. Could I still claim a breach of the Data Protection act? I am sure they know that they have breached the CC act but are basically saying "whatever", "Do we look Bovvered"? etc...... In respect of the Money laundering regs: Would they not argue that because I hold a current account, they know who I am? Cheers, Thanks again for the help......

Nat West have - and I quote their written response "misplaced" or "disposed of securely" my CCA. Aparrently, "misplaced" means that they are still in possession of it but it has been put in the wrong filing cabinet and "disposed of securely" means that it has been shredded. When I claimed that they have lost it, they stated that they hadn't and that misplacing and losing are vastly different. There have been times when I have been unable to find my car keys and until they were found, I thought of them as lost. Although I was sure I had only misplaced them, they were lost until I found them because I didn't know where they were. I could have dropped them down a drain for all I know. It seems to me that until something is found, it cannot be deemed as misplaced. So until they find a CCA, I will consider it lost. May be it didn't exist in the first place, but then again, you can't lose what you never had....... :???: Confusing isn't it! As for "disposed of securely". First question is why? Second question is why? Third question is why? etc etc etc.... Doesn't make them look very professional. I think they have been caught with their pants down by poor record keeping and will try anything if it means that they do not lose out as a result. Only recently they offered me a new loan (£11000 more than my existing one, with higher monthly payments and 24 more payments tagged on the end). This was apparently to benefit me?? I think it's more likely that they were trying to earn (sic) a few more quid and would also be able to get me to sign a CCA for the new loan so I could not continue my ongoing struggle with them (but that's another thread). Or it might just be that I am getting cynical Nat West and lost (sorry - misplaced) documents seems to be a common theme......

Sorry, No access to a scanner (not a computer geek ) but will ask around to see if a friend can do it. Is there anything in particular you think might help?

Well, my final letter has been sent to Nat West and I am now waiting for their reply. After that it will be handed to a solicitor. I would like to say that I am confident that they will communicate with me and reach a compromise (which I am willing to do if they are) but sadly, I am more certain than ever that they will dig their heels in and attempt to bully me in to submission. It's ironic, but a simple request for confirmation of the interest rate I am paying has opened up a hornets nest of problems, each of which they will have to address. These include: Wrong interest rate. Mis selling of the PPI (they told me it was compulosry and that only their policy could be used) Adding the PPI to the loan (commonly referred to as a Single premium policy I think?) Claiming that a blank copy of a CCA is legally enforceable and that it does not need to contain any prescribed details of the loan or any signatures. Reinstating a direct debit that I had cancelled, claiming that this permissible (not sure how the BACS people would feel about this). Claiming that I am trying to wriggle out of the whole agreement because I stated that I am within my rights to withold payment until resolved by a court becuase there is no proper CCA (despite the fact that I have continued to make payments and am willing to reach a compromise). I found this to be an insult. Other problems that would take up too much space to detail. I am sure they know they are in the wrong but are so haughty and superior, they cannot bring themselves to budge one inch. What I don't understand is that if they had addressed they interest rate problem initially it would have meant a difference of (approx) £1590. It now seems that they are willing to risk losing all future payments, repaying what has already been paid, reclaiming over £5000 of PPI and of course court costs (if they don't win). Not to mention possible fines for breaching the CC act and Justice act. This could total anywhere form £25,000 to £50,000. Obviously I risk losing money if I don't win, but I feel so strongly about this that I intend to fight it all the way and win or lose, I will not be bullied by a company that feels it is above the law and can treat someone with such disdain. I have also wondered why they allow themselves to receive such bad P.R. (loads of people read these forums after all) but I now understand that they just don't care. They have been to big for their boots for a long while now but since the Government bail out they now seem to think they are invincible. After all, if you and I have financial difficulties we have to dig ourselves out of the hole but banks on the other hand receive billions of tax payers money (that includes mine) to allow them to continue employing duplicitous tactics to swindle hard working, honest people out of millions of pounds (collectively). It's great to know that there is support out there, I value it all....thanks.

Thanks, that's great. I've been toying with the idea of making one last stand for a long while now and I think 2009 will be the year that I take the bank on. It's good to be informed before sticking your head above the parapet though. I'm normally "anything for a quiet life" but I suppose every one has a David and Goliath moment at some point in their life If the bank would only be sensible, we may be able to reach a mutually agreeable solution, but it seems not. So I suppose I will have to dig my heels in and employ my right to withdraw payment until the situation is resolved. That way they might end up with an unenforceable debt and a fine for breaching the CC Act (£15,000 Ithink), not to mention them paying back all that I have given them so far. I suppose at the end of the day, the law is there to protect the consumer (quite rightly). It strikes me though that we are more reasonable than they ever will be. Anyway, won't have internet access for a couple of weeks, but please forward any more help / case law and thanks for the support so far.

Thanks for the reply. That would certainly be a great start to the new year, but they have already stated that that if I don't pay (their suggestion that I might take that option - not mine: maybe they are paranoid!) they will submit a claim to the court for "unjustified enrichment". Do you think they would succeed? After all, I am only trying to ensure that I am paying the correct rate, although as each day goes by I am more and more convinced that I will have to stop paying in order to get them to sit up and treat the situation with respect. Namely they should have to prove what they have been saying for the last year. Sadly it seems that all the while they may be getting more of my money than they should they are quite happy but they have a fit of apoplexy at the very thought of losing a few quid themselves. Thanks again, Any more help is greatly appreciated......

I wonder if anyone can help me please? Just over a year ago, I decided to get my finances in order and in the process of doing so I decided to check whether I could get a better rate than the loan I have with Nat West. I asked them to confirm the interest rate as I had lost the CCA in a flood at home. Initially they could only tell me that I am paying at the "bank's standard flat rate" so I asked for a copy of the paperwork (CCA). They have advised me (in writing) that they have lost it. I believe I am paying an incorrect rate as I also took an Advantage Gold account at the time which entitles me to a reduced rate. I have challenged Nat West on this and they initially told me that I have never been an Advantage Gold customer but after I provided them (ironic huh?) with the statements proving that I was (for the required period of time), they have now sent me another letter stating that I am repaying my loan at "the bank's standard flat rate for an Advantage Gold customer". They have yet to provide me with any proof that I am paying at the correct rate and state that I should just take their word for it. It almost seems as they are making it up as they go along. The tone of their letters is very heavy handed and they are effectively telling me that there is nothing I can do except shut up and accept the current situation. Any ideas / suggestions please? p.s They claim they have sent me an acceptable copy of the CCA but it is a blank copy of a CCA with no details on it (i.e. Amount borrowed, interest rate payable, etc) and it is not signed by myself or the bank (why would anyone sign a blank document after all?).