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N.W can't supply me with a notice. What now?


Guest Alison82
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Guest Alison82

I recently asked BCW for a copy of my deed of assignment, CCA and default notice.

 

NatWest have now got back to me saying that the notice was 15 September 06 and was deemed served but the do not have a copy to supply me with as it was computer generated so the default will not be removed.

 

They also said that no CCA is needed for an O/D, but the supplied me with a statement of account as it stands today.

 

If they can’t supply me with a default notice then it is unenforceable and I can get it removed – is this right?

 

Also surely they should send my CCA of the account itself regardless of any overdraft.

 

 

Initially they wanted me to pay at least £60 a month to pay off my O/D and I couldn’t afford this so I offered £10 but they kept saying it wasn’t enough so they wouldn’t accept my offer.

 

I reclaimed £800 in charges but didn’t pay it into the account as I needed it for something else at the time.

 

They also said the there is no deed of assignment as they did not sign it over to a DCA but BCW have been trying to correspond with me.

 

 

Any advice?

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Guest Alison82

Hi can anyone offer me any advice on this as I have just recieved a message from BCW wanting me to call them back but I would like to know where I stand before speaking/writing to them.

 

Many thanks

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First of all don't phone them as they are often just rude and try to bully people into making payments if you phone them. Secondly overdrafts are regulated by the CCA but have part V exemptions (form and content). This means the copy of the agreement would just be a letter from the bank stating the o/draft limit, the interest rate, charges and cancellation rights. They still have to supply you with this to conform with the Act. Regarding the default notice, they need to supply you with a true certified copy.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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HI Alison

 

They have defaulted on the CCA and you do not have to pay anything until they can produce the true copy of the credit agreement. They will also have to take you to court to enforce the agreement. I think that they dont have one. Do not speak to them on the telephone. Do all your corresponding in writing because you then have a paper trail which you can rely on in court. They are trying to bully you into paying but dont be bullied. Stick to your guns.

 

If they phone you again refuse to speak to them and say that you want all correspondence in writing and put down the telephone. They will try to get you to keep talking but simply put down the phone.

 

Hope this helps

Gemspan

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Guest Alison82

Thank you for your replies. But shouldn't there still be a CCA for the bank account not the overdraft?

 

Also should I write to the CRA’s and enclose NW’s letter saying they don’t have a copy of the notice and get them to remove it from my file (need to check it is on there first of all)?

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