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ayomi

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About ayomi

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  1. I would write back saying something along the lines that further to your last letter they have failed to comply with their legal duty to provide a copy of the CCA and therefore they are in breach and the account remains in dispute. That if they had taken notice of the contents of your previous correspondence and check their records and the address to which they are corresponding with you they would note that you do not live in the UK and thus are unable to collect from a branch. In order to help them you enclose a copy of your passport & Driving licence or other ID (Spanish would be nice)(
  2. If they don't give you what you have asked then it's up to you what you do next.. This last letter aslo makes it a formal complaint and thus they have 28 days to respond to that complaint explaining why they are taking this stance, they still have to comply with the CCA request which is a seperate issue. You can report them to the ICO and OFT and depending on what they say in their response to the complaint it can also be passed to the Financial Ombudsman. As long as you keep all what they have sent and list, as I said before, in a diary everything that you have done, then by not complying w
  3. FORMAL COMPLAINT Dear Sir, In youtr letter dated, ******you have stipulated that you require proof of my identity/signature before you comply with my CCA request, may I bring the following to your attention; Data Protection Act Good Practice Notes: 2. Do you have enough information to be sure of the requester’s identity? Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are. Suffice to say that if
  4. You sent the account in Dispute letter to AIC, in theory they should have passed the matter back to Natwest with that letter. There problem, so don't worry about it to much. If you have sent the letters I done for you last night then they point out that the account is in dispute and default. So again Natwest and AIC will, if they read and digest the contents, know that the account is disputed. As for what is going to happen next is anyones guess. They have not complied with a CCA request so really they can't do anything until they do. So just sit back and wait and don't worry about it. Yo
  5. Your Letter that AIC returned, which was a CCA request, must have been submitted by them to Natwest otherwise why would Natwest write asking for your signature? Send this letter to AIC: Dear ******* Account No: *********** I must inform you that, as of writing, Natwest have failed to comply with the CCA Request that was submitted to you on the *****, which you were under a leagal obligation to forward to them if you are not the owner of the alleged debt. As they have not complied with the request within the staturatory time limit not only is the account in dispute but now a
  6. Hi Kelly Maria In theory if you sent the letter #21 to AIC and they are only acting for Natwest, then they should have passed the letter to Natwest, which is probabley why Natwest then sent a letter to you asking for a signature. This is just a delaying technique and really they should have just turned around and said OD's are not covered by S77/78 of the CCA and a signed agreement is not req'd, which is correct as long as they comply with determination. BUT the rest of the CCA does over OD's. The letter that you sent to Natwest telling them to poke their signature, does not give th
  7. You may also want to add that should they continue to harrass a Spanish Resident that you will report to your local court and submit a "Denuncio" for harrassment against them.
  8. At #21 Cerberusalert posted a letter for you to send. Did you send this to Natwest? If so, this placed the account in Dispute. Let me see if I have got this right. You had an OD that you did not exceed. The next thing is that you are getting letters threatning action and they offer a F&F option You came to this site and since then you have sent a CCA request to AIC and Natwest. This has now been over 2 weeks and still have not had response to that request, but have had request for signature. You have sent a letter to AIC stating account in dispute. If I am right th
  9. Don't worry about it. This is just as standard letter and means nothing. It's the last one in their box. Just make a note in your diary and ignore it. If you are still waiting your CCA and the account is in dispute then they should not have sent it or continue with any further action. Regardless as I have said before they cannot do anything in Spain without getting a European Enforcement Order, which you would just contest and that then puts it back in to the jurisdiction of the UK courts, which you are not within. Keep smiling, you are getting there.
  10. Just let them carry on hanging themselves. You just need to keep note of everything that you are sending, receiving and identifying as many incorrect procedures committed by them as you can. Then should they contiue to pursue the matter a formal letter to the OFT may not go a miss, but that's too far ahead yet, lets just wait for Natwest to respond to the CCA, if they do! I thought you may find it of use, hence why I posted it. I Have been and am going through again exactly the same as you at the moment, so you are not alone.
  11. Hi KellyMaria Sorry, but have been away. Have gone back over your posts and the replies and all seems to be going well. From what you have added recently you may want to look at the OFT's guide to Debt collection as it is clear that there are numerous breaches in your case. It will give you some more ammo for later. OFT Debt Collection Practices.pdf Regards
  12. As I said at the beginning of the thread if you have not received any notice of assignement then the only people you should deal with are NATWEST,the branch where the account is held should be your first point of contact, unless you have a reference number and central point of contact at their head office. If the others (Triton, AIC and Green & Co) pursue you any further then state, as you have done before, that you do not acknowledge any account with them and that they should provide a copy of the agreement, notice of assignement etc. As regards to the telephone call and fax we will
  13. You need to find out from NATWEST who is dealing with this. Send the CCA to NATWEST and copy it to Triton. Triton are in house debt collectors for RBS (Natwest) so they are the same company in theory. Do not submit an expenses breakdown as they are fishing. If you want to make a F&F payment then use a letter along these lines. June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Re: 4563210025897412 We write with reference to the money which you are claming on the above account. We can con
  14. Its fine but did you enclose a £1 order/cheque as they will only say that they did not receive payment and that will delay matters. Now, whilst you wait check out this and other sites for loads of information. Make notes on breaches of CCA so far eg. No notice of assignment, no letter of termination and Default notices? etc. If the overdraft facility was taken out over 10 years ago then more than likely they have no signed agreement and if they did it is more than likely unenforceable, just have to wait. Don't worry about any UK court threats as you are not in the UK and if they
  15. Are you dealing with NATWEST in the UK, Spain or Gibraltar? Is this an overdraft facility or credit card? If it's NATWEST UK are they aware that you now live in Spain and have you any proof that they are aware of that fact. Don't despair,nothing is going to happen overnight, if at all. First things first. Start a diary and note every letter and call you recieve as well as those that you send. Make a chronological time line detailing what has happened so far as best as you can. Then go back to Natwest. Submit a CCA request (templates available on this and many o
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