Peasant v Natwest - No CCA **WON**

[steven4064]

In that case, referring back to post #13 - you have 2 choices: put everything into a coherent case and either

 

1) take them to court under ss10(4), 13(1) & (2)(a) and s14(1) of the Data Protection Act 1998, OR

 

2) do as they suggest and go to the FOS

[revolting peasant]

Which would you suggest as the "safe" option? Presumably the FOS

[steven4064]

I think you would win either way. If you took them to court, I think they would settle fairly quickly unless they are more stupid than we think and decide to defend 'properly'.

 

The FOS route could take time. I don't know if you have followed this thread but they got a positive result from the FOS (Post #128 ) but it took 11 months.

 

Personally, I would go with the court route, but that is because I am currently doing it for the fifth time, for charges anyway. You have to decide what you are happiest with. The court route is a game of 'chicken' and you have to keep your nerve. The FOS rouite is possibly less stressful.

 

Anyone else like to comment?

[revolting peasant]

Nat west have upped the ante this morning.

 

I've had a solicitors letter demanding full repayment of the disputed loan within 7 days otherwise they will issue County Court proceedings against me without further notice.

 

In the absence of an agreement, surely I have a defence and can demonstrate that I have been trying to resolve this with them.

 

I don't know what to do for the best now. Any suggestions anyone?

[gaz2006]

Nat west have upped the ante this morning.

 

I've had a solicitors letter demanding full repayment of the disputed loan within 7 days otherwise they will issue County Court proceedings against me without further notice.

 

In the absence of an agreement, surely I have a defence and can demonstrate that I have been trying to resolve this with them.

 

I don't know what to do for the best now. Any suggestions anyone?

 

I fail to see how they would win any court case without a valid executed agreement . I agree with my colleagues go fos or court route yourself attack is best form of defence and send holding letter to solicitors saying the loan is in dispute they cant take action if complaint is with fos or with court regards Gaz

[car2403]

What does the EXACT wording of that letter from the solicitors say? Can you scan/post it up, without editing it apart from removing personal information?

 

This is a must before I can advise further.

[steven4064]

I don't know what to do for the best now. Any suggestions anyone?

Personally I think attack is the best form of defence. Nat West's behaviour would make me see red and I'd get my claim in on Monday - bother the 7 days. They are then reduced to counter claiming (which would be interesting given the circumstances )

 

I would then write to NatWest timed to get there right on the 7 day deadline informing them of my action.

[paulwlton]

PMd you my contact number.

 

Paul

[itsamomentintime]

revolting peasant - sounds like Nat West have saved you a court fee. Let them take you to court. Imagine their faces whan the judge asks them to show him the credit agreement....

[revolting peasant]

If it goes that far.

 

I have letters in my posession dating back to January last year where NatWest state that they are unable to locate a copy of the agreement so I'm hoping that it won't actually get as far as the court, unless they know something I don't.

[car2403]

revolting peasant - sounds like Nat West have saved you a court fee. Let them take you to court. Imagine their faces whan the judge asks them to show him the credit agreement....

 

Agreed, but sadly I don't think they will take him to Court, which is why I asked this; (which hasn't been answered yet )

 

What does the EXACT wording of that letter from the solicitors say? Can you scan/post it up, without editing it apart from removing personal information?

 

This is a must before I can advise further.

[revolting peasant]

I'm on it Car but I don't have access to a (working) scanner so I'm going to have to type it up:confused:

[revolting peasant]

Dear Mr Peasant

 

we have been instructed by NatWest that you have failed to repay the amounts outstanding on your above accounts or agree with the Natwest repayment terms despite our client's letters to you.

 

Your accounts with National Westminster Bank Plc are repayable in full immediately on demand by our client.

 

Natwest requires repayment of the balances outstanding in the short term. The Bank will not accept instalment payments.

 

Please contact us within the next 7 days if you are able to discuss making full repayment of your liability in this matter.

 

If it is not convenient for you to telephone during normal office hours please leave a message on the above number to indicate the most appropriate time of day and the relevant telephone number for us to call.

 

When you call us, we will discuss with you the best way for you to pay your debts to Natwest. We may be able to agree a discount off the balance outstanding in return for you paying the amounts we agree in the next 21 days. The discount will only be available if you contact us immediately (and in any event within the next 7 days).

 

If we cannot agree during the next 7 days how to repay your debts to Natwest, we will issue court proceedings against you. We will not contact you again to warn you that the proceedings will be issued.We will ask the court to issue a money judgement against you for the full outstanding balances, together with legal fees for which you will also be liable. Any judgement issued by the court will be registered at Credit Reference Agencies. This may affect your ability to obtain credit in the future.

 

We would remind you that interest continues to accrue on a daily basisand accordingly it is in your interest to repay the debts as soon as possible.

 

Both Natwest and we would prefer to agree with you how you will pay your debts rather than issue Court proceedings. Please contact us as soon as possible so that we can discuss repayment terms with you.

 

Yours faithfully

 

Shoosmiths

 

 

It does strike me as being a standard letter (it repeatedly refers to the single "account" as "accounts").

 

I have at least 5 letters from Natwest stating that they do not have an agreement. Would it be fair to assume that Shoosmiths don't know this?

[steven4064]

Why don't you send a copy of the letter from NatWest saying they haven't got an agreement to Shoosmiths in reply to this letter and point out, that they are therefore up a gumtree without a paddle

[revolting peasant]

That was my first thought Steven. It's what I did with Greens and it just seems that Natwest are just shunting it from solicitor to solicitor

[steven4064]

You will just have to follow them around until a solicitor realises what is going on and tells their client where to get off

[itsamomentintime]

you are recieving threatening letters from a solicitor. i would complain to the Law Society and the OFT.

 

The Law Society - Complaints about solicitors

[revolting peasant]

you are recieving threatening letters from a solicitor. i would complain to the Law Society and the OFT.

 

The Law Society - Complaints about solicitors

 

That would seem a bit harsh at the moment as they obviously don't know the full story.My best guess is that they have been instructed by Customer Collections who are blissfully unaware of the correspondence between myself and "Customer Services"

[steven4064]

Perhaps copy them the story so far.

[revolting peasant]

I could do but I'll see what happens next. It would appear that the solicitors are acting in good faith based on the information they have.

 

I've replied to them explaining that Natwest have been unable to supply an agreement and suggesting that they go back to their client for the full story. I have informed them that any proceedings issued at this time will be defended.

[itsamomentintime]

That would seem a bit harsh at the moment as they obviously don't know the full story.My best guess is that they have been instructed by Customer Collections who are blissfully unaware of the correspondence between myself and "Customer Services"

 

 

not harsh really - solicitors should know the facts before sending you frightening letters dont you think?

[storm]

I've had plenty of dealings with Shoosmiths myself and they are extremely litigous and will probably take you to court, with or without a credit agreement (they took me to court 14 months ago and still have not produced an agreement so the case is ongoing)

 

They will try to grind you down so just hang in there

[revolting peasant]

I think Natwest are getting desperate or they are just trying to confuse me.

 

My wife has had a letter today from yet another firm of solicitors and addressed only to her, quoting her as "The Defendant" and stating that a County Court Claim will be received by her shortly.

 

Obviously I will be responding to this as I did the last one from Shoosmiths but I am thinking of dropping Natwest a little line on the basis of last warning before I take action under the Protection from Harrassment Act.

 

Any thoughts on this?

[steven4064]

You might find this interesting too

Under the provisions of the Administration of Justice Act 1970, Section 40, it is an offence to harass anyone with demands for payment which "in respect of their frequency or manner or occasion of making any such demand, or of any threat or publicity by which any demand is unaccompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation".

[revolting peasant]

Thanks Steven (I keep saying that:) )

 

So do you think it's worth a letter then?