Could use some help!

[cashins]

Have a debt through a NatWest C/C originally taken out around 1999. Balnce is around £9,500 and I defaulted 18 months ago.

 

The story so far:

 

Natwest banged on just about every charge they could think of and then put it out to Mercers. I was paying Mercers around £45 per month for a year, until 1 payment was missed, (not deliberate and not my fault), it then it went to Newman and co who wanted all the money as in, NOW.

Soooooooooooo, I told Newman to @x#"~x@# and sent them a CCA by next day delivery. Deathly silence for 22 days now. I don't think Newmans can come up with it and I am not convinced NatWest can either.

 

I have not paid Newmans, so don't care about them, but that leaves Mercers and Natwest. I am tempted to cut a long story short and send send Natwest a CCA request and find out.

 

Is this a good idea?

 

Regards

[diskmandave]

No. Wait for Newmans to comply with the CCA request. And in the meantime if any of them start demanding money, post again and we can help you with an appropriate letter.

 

Newmans are bound by Section 175 of the Consumer Credit Act 1974 to pass your CCA request and payment to Nat West.

 

Regards, Dave.

[Docman]

Dave

Just to clarify, would the CCA on Newman’s also bind RBS itself then?

It is just that I had a CC claim from RBS using their MINT label which they initially tried to collect in house through Triton. RBS then passed the claim to Newman’s using the Mint label. I CCA'd Newman’s in June and heard nothing more from them. However, in September a got a call from AIC acting for 'RBS' and their usual phone and threats.

Would the CCA on Newman’s also count against AIC as agents for RBS, even though they keep changing their name?

[ThisVeryMoment]

"I defaulted 18 months ago".

 

if you know you owe this why are you wasting time with a CCA request? When was the last time you paid money to your creditor? Why did you stop paying? When are you going to START paying again?

 

Those are the important questions.

[rory32]

Would the CCA on Newman’s also count against AIC as agents for RBS, even though they keep changing their name?

The request for the copy of the agreement is against the account and the creditor, so only one CCA request is required per account. AIC cannot enforce the account and you only need to inform them of your original request for a copy of the agreement. The fact that AIC weren't involved when you originally made your request is to a large degree irrelevant as the request is still outstanding.

[cashins]

Thanks for your advice Dave and also to Rory for clarifiying the point that the CCA request for that account is in default, not just Newmans.

 

Timescales I have by the way are 12 days + 2 = default on CCA request.

Additional 30 days = Offence under Consumer Credit Act.

 

If correct? Can Natwest argue for additional time as sent to Newmans originally?

 

Regards

David

[Hippy-chick]

Thanks for your advice Dave and also to Rory for clarifiying the point that the CCA request for that account is in default, not just Newmans.

 

Timescales I have by the way are 12 days + 2 = default on CCA request.

Additional 30 days = Offence under Consumer Credit Act.

 

 

 

If correct?

 

 

Yes

 

 

Can NatWest argue for additional time as sent to Newmans originally?

 

No

[cashins]

Merry Christmas and thanks again all.

 

The business of trying to 'get out from under', takes no holidays!!

 

CCA request on this defaulted 12 December and working days less stat. holidays, means 30 days are up 25 Jan. Will keep you posted on developements.

 

Regards

David

 

ps Have a good NEW YEAR

[bigegg]

Merry Christmas and thanks again all.

 

The business of trying to 'get out from under', takes no holidays!!

 

CCA request on this defaulted 12 December and working days less stat. holidays, means 30 days are up 25 Jan. Will keep you posted on developements.

 

Regards

David

 

ps Have a good NEW YEAR

 

news to give you a BETTER new year - if the CCA was defaulted on 12th Dec, then the 30 days is up 11th Jan - the 30 days doesn't take holidays into account - it's a calendar month, not six working weeks (IYSWIM)

[cashins]

WHAT!

 

That's an excellent late present.

 

Thanks yet again

 

David

[cashins]

Something may be stirring. Couple of phone calls yesterday that my wife took. Left no contact number and both callers made excuses and rang off when asked to identify themselves.

 

If they do reach me on the phone, my understanding is that best policy; either refuse to confirm your identity and hang up, or tell them to put it in writting and hang up.

 

I don't currently have a tele recorder and I think I better get one pronto!

 

David

[Hippy-chick]

If they do reach me on the phone, my understanding is that best policy; either refuse to confirm your identity and hang up, or tell them to put it in writting and hang up.

 

David

 

Absolutely, David. Never, ever talk to them over the phone. Tell them you will only communicate with them in writing. If they persist in calling there's a letter you can send to tell them to stop harassing you.

 

Happy New Year.

 

[cashins]

Thanks Hippy, and Happy New Year to you.

 

Regards

David

[cashins]

Hi

 

Tomorrow is the 11th Jan, which is the end of the 30 day period, after which Newmans have commited an offence in not supplying the agreement.

 

I'm not counting chickens yet as it could still be in the post, but I live in hope! Curious thing, it's gone very quiet and I don't think there has been any serious attempt to contact me after what I reported.

 

I have also discovered something rather strange. I have applied for credit reports from the 3 big DCA's and have so far got back Callcredit, (almost by return!) and Equifax. All my history is laid out in glorious detail......... except for the Natwest account. I don't think Natwest/RBS use Callcredit, but it should be on Experian. It could just be an error, so I will wait and see what Equifax comes up with.

 

David

[rory32]

NatWest/RBS use both Experian and Equifax, so your information may be on one rather than the other. They don't use Callcredit (very few banks do).

[cashins]

Thanks for your reply Rory.

 

Had Equifax in this morning. The Natwest/RBS account is not recorded on it, Experian, or the Callcredit reports in their, or any other name. Rather suprising, as its a big balance and the reports are even detailed down to a mobile account, which was paid up four years ago.

 

Could be an error.........any ideas?

 

David

[cashins]

Well the 11th Jan, (44 days from receipt by Newmans of the CCA request), came and went with no agreement.

 

Not jumping up and down yet as seems to easy and I have some serious questions that I could use some answers to.

 

1) What if Natwest now suddenly come up with an agreement, (Oh, here it was all the time). They could also say that Newmans never told them about the request.

 

2) I have seen some posts regarding going after the lender for your payments back. I can't see this somehow and I have also been told that the courts may well take a dim view of such an action. Does that also apply to penalty/late charges?

 

3) I have never paid Newmans but I did pay another DCA (Westcot) for over a year. Can I have a go at them?

 

4) If no agreement, I think I can section 10 Newmans, Westcot and Natwest. Is this correct? Curiously, the debt does not appear on any of the big 3 CRA's, but I think it may well do at some point!

 

5) Lastly, I have done nothing about going after NatWest (bank), for late/penalty charges. Not a good idea when the other division could sue me! I was with them for 10 years up until the problems started, then they then did their best to bury me. Other advise I have is, (despite the moratrium), start it anyway as the test case could take a couple of years to pan out. Is this the general thinking?

 

Any help would be appreciated!!

 

Thanks

 

David