Any ideas what to write back?

Hi Lamb909, I got this same letter today and wondered how accurate it was. I suppose the question is "if they have the agreement, then why not send it?" I asked for my agreement about 3 months ago and get letters every 3 weeks from Hillesden saying "we will update you in 3 weeks". I don't think they can enforce anything, but I would be grateful for some pointers on how to respond so that I don't get harrassing phonecalls and threatening letters again. Any ideas anybody? Thanks

Hi, I received a letter from Nat West dated 29/01 saying that they need a SIGNED SAR and stating that they have returned the original request and payment (not enclosed). They have also stated that it is not their practice to provide further copy statements unless the customer specifically requests them. I am planning along the following lines: Please find signed SAR, even though we don't legally have to sign it (making sure that the signatures are slightly different and easily spotted if transposed onto existing documents). We didn't receive the original SAR and payment, try checking with Irwin Mitchell who signed for it before Christmas. Look forward to hearing from you. Any thoughts on if this is OK?

I got the same letter dated 15th January as well. If anybody knows what to do next I would be interested because my overdraft/bank charges/interest are part of the debt that NW are taking me to court for. Although NW appear to be telling us that their bank charges are lawful, I wonder whether the interest they add to the charges is lawful? Or maybe the times they put you into overdraft and then make further charges and then subsequent interest? I'm not bitter, but the more I read about Nat Worst, the more I dislike how they operate.

Got a letter from the court acknowledging receipt of my defence and that if the dispute can't be resolved informally, Nat West need to inform the court that they want to proceed. Also states that NW need to contact the court within 28 days of receiving a copy of my defence if they want to proceed. After that period elapses, the claim will be stayed and can only be lifted by NW applying to a judge for an order to lift the stay. Not quite sure if this is good news or bad news? Certainly I have chased the SAR I sent to NW via Irwin Mitchell 3 times and have received nothing from IW, so I don't even know if NW have received it (IW definitely received it be guaranteed delivery). Also not sure about whether NW would be able to proceed with court action if they can't find a loan agreement from 2008. I know that pre April 2007 agreements may not be enforceable, but unsure as to what the story is with a 2008 agreement. Any advice would be helpful.

Hi Rob, I had to send my defence against the court action and entered an "embarrassed" defence on the basis that I have received the SAR from Nat West. I sent it to Irwin Mitchell and even though it has been signed for, they deny ever receiving it. I have conveyed this to the court along with the caveat that I cannot begin to enter a defence until they provide me with the information required. Once I get the SAR, I would be in a position to address the following points: 1. Forcibly taking money from one account to pay the loan thus triggering a whole host of bank charges. 2. Closing my accounts without telling me. 3. No termination notice. 4. No account taken of other creditors who may also want to place a charge on my house. I really hope they will drop the case with the county courts and be open to a payment plan that I have tried to offer. D

Hi, When did you take out your loan? I have a credit card also with Nat West where I asked for a CCA and they wrote back stating that they didn't have it and that basically they wouldn't be able to take me to court, although they urged me to continue making payments! If you have a pre-April 2007 loan and they have not supplied an agreement yet, hopefully they won't just pull it out of the bag later on. Other people on this site have generally seemed to suggest that Nat West are quite slack at keeping copies of old agreements. I phoned Irwin Mitchell the other day to check that they had received my SAR, but they said they hadn't, even though I have the guaranteed delivery slip to prove it had been sent and Royal Mail have confirmed the name of the person who signed for it. I also had a DD problem with Nat West where they forcibly transferred my monthly loan payment back in February from my current account to the loan account, knowing that the current account was in overdraft and that additional charges would be incurred. I am going to submit the acknowledge of service online as Gemby suggested and give it a week or so think about the next step. Any other suggestions would be greatly appreciated.

Hi Gemby, So if the court papers are dated 11/12, I can acknowledge online and then get back them with a defence by 08/01? And if Nat West don't produce an SAR, presumably the case can be stayed until they do? Like you I have been following Moneysavingexpert and am hopeful for another angle on bank charges because the amounts are outrageous. Is the few months wait until the actual court hearing fairly standard? I really feel like if I had 3 months to get my head down without expending emotional energy on creditors, I could turn my business around and start getting some money in, which I could then use to agree a satisfactory payment plan. The other angles I am thinking about at the moment are: 1. unenforceable CCA (snowball in hell, but you never know) 2. lack of termination notice 3. lack of default notice 4. other creditors who may be looking at a CCJ route and the court's view on whether Nat West should take priority. I'll try to enjoy Christmas and not let Nat Worst rob me of my joy!

Thanks for your response. Is the acknowlegement of service the only form that needs sending back at this point? I have been told by the National Debtline that disputing bank charges is dead in the water now, so they don't seem to think this is a good basis to contest the amount of the debt. I am hoping that SAR may throw up some other stuff, as I don't recall receiving notification that they were going to close down my account, etc. Was your loan pre April 2007? I assume that if it was, you have asked for them for a CCA? If my loan was pre April 2007 I would feel a bit easier as this forum seems to suggest that NatWest CCAs pre April 2007 ca sometimes be unenforceable. I just wish they would give me 3 months to get our there and start earning some money, because a lot of my emotional energy is tied up in reacting to Nat West at the moment. Any other tips you may have would be greatly appreciated.

Can anybody help me with this?

Hi, This has moved on a bit so I would appreciate any advice. The letter from Irwin Mitchell gave me 14 days to pay in full. I phoned after a couple of days and was told that I could accept their proposal of £451 per month if I couldn't pay in full, but there were no other options available. I then realised that the total debt is made up of loan and overdraft. I don't dispute the loan, but I do dispute the overdraft, as it is made up of bank charges and interest on bank charges, so I wrote back asking for a subject access request so that we could ascertain exactly how much I do owe. The 14th day was 10th December, so I emailed Irwin Mitchell to let them know I was sending a letter guranteed next day delivery. I figured that an email would provide an audit trail that I had at least got back to them within 14 days. I asked for the SAR to be forwarded to Nat West and was hoping that we would be able to clear up the dispute, but I have just received CCJ paperwork from Northampton. Not sure what to do next - do I dispute some of the claim on the CCJ form (even though I don't know how much is in dispute at the moment) or do I contact the solicitors? In addition, the CCJ paperwork is in my name only, so I expect further paperwork addressed to my wife in the next couple of days. I have asked Irwin Mitchell to treat this as one claim as we make joint financial decisions, but they don't seem to be doing it. Any advice would be great as 14 days from the date of the letter is Christmas Day. Thanks

I do have a mortgage on my own home. The debt is unsecured. No expensive assets.

Hi, I have a loan of £25k with Nat West that was taken out November 2008. We ran into financial difficulties earlier this year and to cut a long story short, haven't been able to make payments, so this is now with Irwin Mitchell, the solicitors acting on behalf of Nat West. They have given us 2 choices - £451 per month for 5 years or a CCJ against us. We are really keen not to get a CCJ as it could have a detrimental effect on my job, but equally can't afford £451 a month, as we have other creditors and could only manage about £200 across them all. I have contacted other creditors where the debt preceded April 2007 and seem to be making a bit of progress in (not) receiving CCAs and incorrect CCAs. My questions are as follows: 1. Is there any value in asking for a CCA or SAR from Nat West at this late stage as the loan is post April 2007? 2. Are the solicitors serious about no flexibility on the monthly payments of £451 or are they playing hardball? 3. Anything else we could do that we may not have thought of? Many thanks. PS. We need to get back to them by Thursday 10th with a definite answer.

Hi Senior Consultant, It is comforting to hear that the FOS do carry some clout in this kind of situation. I have a card with MBNA which I have only made token payments on for 6 months. I have provided a statement of affairs and have been consistent with my payments, but I got a call on my work number (surely this is illegal as I didn't disclose it?) saying "pay up or else". The curious thing is that the deadline happens to be 2pm today, 31st July - could this have anything to do with the end of the month and account managers figures? I have been given some options verbally but they won;t confirm them in writing (even by email). My thinking is to email the lady in question to offer my usual token payment and meanwhile ask for proof of the credit agreement (using one of the template letters on the site). Is this the best course of action or is there a better way? Regards, dpac123

I have received similar "postcards" and can only conclude the the term "calling" is ambiguous on purpose and that it really means "will be calling you on the phone", but they hope it is interpreted as "we will be calling at your house". Another scare tactic!