Hi, In 2009 i opened a student account with Natwest with an arranged interest free overdraft, i can not remember the exact amount though it was around £1000. As it was interest free and within my arranged limit I never thought much about it. After recently obtaining a copy of my credit report i found a default notice placed on my account by Natwest to the amount of £1298.38 defaulted on the date 30/06/2011.I do not recall receiving any default notice and no longer have my original documents. To gather all the information about the account i sent a request under Section 77 of the Consumer Credit Act 1974 using a template. I also requested to be provided with a signed true and certified copy of the original default notice. I recieved this in response from Natwest today: "We understand that you have made a request for information on the above account under the Consumer Credit Act 1974 and that you have asked for a copy of the signed agreement for this facility. Under Section 78 of the Act, on receipt of a written request the Bank is obliged to provide: A copy of a signed agreement Any other documents referred to in the agreement A note of the state of account (i.e. the balance, details of interest and charges outstanding and the applicable interest rate) signed by a representative of the Bank. It is important to point out that the Bank does not require customers to sign an agreement under the Consumer Credit Act in order for the overdraft facility to be applied to their account. Therefore, a copy of the signed agreement is not available and does not need to be produced to you under the terms of Section 78. All borrowing facilities are agreed in accordance with the terms and conditions of the account and overdraft facilities are finalised by way of confirmation letter." It goes on to say this regarding the request for a signed true and certified copy of the original default notice: "We can confirm that the Default Notice was sent on 3 December 2010. The Bank considers this notice was served in accordance with the requirements of Section 176(2) of the Consumer Credit Act. This default was, therefore, registered correctly and will not be removed from your credit file. The default document is a system generated letter so we are unable to reproduce and supply you with a copy of the default notice". I am unsure how to respond, are they saying i never signed a credit agreement under the CCA 1974 and one does not exist?.If so how can they issue a default notice under Section 178(2) of the CCA 1974. Also, surely they must provide me with a copy of the original default notice so i can check whether it contains information in the prescribed terms. How can they claim in this letter is complies with the terms of s.176(2) of the CCA 1974 when they do not even have a copy of the letter themselves? Any help or advice on my next step would be greatly appreciated. Thank you.

Hi there, wonder if anyone is able to advise me. I bought a car in April 2010 on a 3 year credit agreement financed by first response. I am almost now in the last year of the agreement. the problem is that the catalytic converter and the auto gearbox is on it's last legs and is going to cost more to replace than the actual value of the car. I put the car through an MOT one month before it is due and there are numerous faults. I am wondering whether to get rid of the car before the MOT is finally up and put it in PX for another. My problem is this, will First Response finance me for another car so instead of a three year agreement, it will be a four year agreement to cover the remaining finance on the current car. I have checked the net for similar situations but can't find anything. Any advice appreciated Many thanks jb000

I had a credit card with Citi Cards for a few years, no great problem - low balances no great issues on payments etc. I was informed by Opus that they were taking over the account from Citi and all payments and contact had to be directed to them. My first payment was due in December 2010 and was a few days late because I had to set up the payment details with my bank however they did not make any charges for this 'late payment'. My second payment was due on the Bank Holiday Monday for New Years Day which was the 3rd January 2011, I made a 'Faster Payment' via my online banking on Sunday 2nd and I was advised that the payment had been received by Opus' bank, however my payment was not credited to my account until 4th January - a day late and of course they presented me with a £12 late fee. I contacted them shortly after receiving my next statement detailing the fees and spent close to 30 minutes on my mobile 'phone talking to several undesirables about this and they all refused to budge. My bank, Halifax,has confirmed to me in writing that the payment was made successfully. Ironically both Halifax and Opus are within the HBOS group! Subsequently, I have made all my minimum payments to them LESS the £12 fee and LESS the £12 below minimum payment fees they have given me every month since! I have put my case to the FOS and they have responded that OPUS is not required to refund the charges, with no explanation of their decision whatsoever. I plan to take this matter further, but how? How do I stand on this one guys?? Any advice is appreciated.

Hi guys, I am trying to claim my bank charges back (I think about £3000 worth over past five years) I have sent them a letter asking for the records of bank charges back 6 years and I sent them the £10 cheque. I have had no reply in one whole week.... Can they really get away with ignoring customers??? Please help

I'm £12,472.52 in debt to Mint and I've got behind in my payments. My account has been passed onto Triton Credit Services. I've been receiving the usual phone calls (about 5 a day) from them (I'm not answering them), plus usually 1 letter per fortnight threatening me. Each letter gets worse, the threats are - taking me to court, sending round a bailiff, a charge placed against my property or assets or my employer deducting money from my wages. I wrote to them and asked for a CCA. Things went quiet for about a month and then my CCA turned up, also the phone calls have started again. (one whilst I'm typing this, at 8 o'clock at night!) The CCA that Mint sent me though only has my name typed at the top, there is no signature on it. I kind of expected my signature to be at the bottom of it, like I've seen on other CCAs posted on here in other threads. I need some advice, is this CCA enforcable? What should I do?

Hello all, I personally feel that having borrowed money i should endeavour to pay it back. However, the interest rates now being applied to my Credit Cards is crippling and even though i am managing (Just) to pay my minimum monthly payments the debt is not getting noticeably smaller. I have CCA'd 8 of them i month ago and only got 2 replies, neither has complied with my request 100%. If i wished to get out of my debts i could possibly go down the CCA road do just that BUT that is not what i am after. To this end i have compiled the following letter. Dear Sir or Madam: I am writing to you now before I get into arrears with yourselves to see if there is any help available for the situation I find myself in. I am currently well over committed with my financial obligations and since my wife is now only working part time I find that I am merely moving money from one debt to another to make the minimum payments. My debt is actually increasing and I can see no light at the end of the tunnel. I have considered options including bankruptcy and as house values have fallen so much I feel that I have nothing to loose. However, I feel that as I have had the money (Except, of course, the interest) I wish to re-pay it. To this end I am writing to all my creditors to ask them to freeze interest payments on my accounts. This together with a little help from family will allow me to make the regular monthly minimum payments that will actually see my debts de-creasing. Of course if you accept this I would return my credit card. As you can see I’m torn between the wish to pay what I owe and the easy option of wiping out my entire debt with bankruptcy. I am hoping that all my creditors would consider this a fair compromise. Yours faithfully Opinions would be greatly appreciated as to weather i am just wasting my time and by sending this will i lose anything i may have gained with the lack of CCA. Thanks in advance

We moved into our new home in October last year. British Gas were the suppliers for gas when we arrived. A week after we arrived British Gas tuned up to replace the meter. we took a reading. 6 weeks after we had moved in we changed the gas supplier from them to NPower. We asked British Gas to snd us the final Bill. It arrived last week only 8 months and 2 weeks late but there you go. The bill comes to £131.54 - £21.92 per week. Our house is not a mansion it is a 3 bedroomed semi. Is this a high price to pay for Gas, as I don't understand the breakdown. My Gas bill from NPower which covered Chistmas, January and February works out at £15.97 a week. I just don't get how ther can be such a price difference. Theres no disputting the units of gas used but the price - we had no choice but to use them and we are paying for it now. To top it all today a letter came from BG Solicitors advising us we had 7 days to pay or else. Yet we have only had the final bill for 7 days.