Natwest S.A.R.

[xxorlsxx]

All they have done is put the account on hold for 28 days (letter dated 27 nov 07) then i got a letter dated 23 dec 07 putting the account on hold for a further 28 days!, they havent demanded any payments and they havent sent the cca but they have added £20 to the debt.

[Curlyben]

OK you're confusing me slightly as your postig multiple threads on the same issue.

 

Anyway, to business.

Send them this.

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

 

 

 

NON CCA:

 

Formal Complaint

 

Dear Sir/Madam,

 

thank you for your letter of xx/xx/xx, the contents of which are noted.

 

With reference to my previous letters,I wish to draw you attention to your company's lack of compliance with my reasonable request. I enclose a copy for your perusal and ease of reference.

 

Your continued pursuit of the alleged debt in this manner contravenes the OFT collection guidelines, namely;

Deceptive and/or unfair methods

2.8b sending demands for payment to an individual when it is uncertain that

they are the debtor in question,

AND

2.8j requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures.

 

As you clearly cannot prove that this alleged debt in anyway relates to me, I wish to register a formal complaint about your company's business practices.

 

I require a copy of your internal complaints procedure within 14 days and I reserve the right to escalate this matter to the appropriate regulatory authorities as I see fit.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

Now send it to the Q&A Officer at the Fleet address.

[xxorlsxx]

cheers Curlyben, most grateful, Im also gonna s.a.r natwest and claim back all charges on my old account...let you know what happens.

xxorlsxx.

[xxorlsxx]

Hi all,

I have complained to thh FSO about Capquest and the non CCA, can anyone tell me who else to complain to (apart from c/quest) as the OFT and trading standards seem confused as to how they can help. Any suggestions welcome, many thanks, xxorlsxx.

[Killerschick]

The trading standards office local to Capquest is the best one to complain to as they will normally be the one responsible for monitoring them.

You can also go to the Information Commissioners Office as without the agreement confirming you agreed to the processing of data they will not have proof that they are entitled to hold your details (and register defaults etc).

There are also the trade bodies - Credit Services Association and the Finance and Leasing Association (I think!) if Capquest belong, but it's not really worth it as they do not penalise their members and are there to protect the member's interests not the general public.

[Curlyben]

Send it to Hampshire TS as their home office.

Hampshire County Council, The Castle, Winchester, Hampshire, SO23 8ZB

 

Mark it for the Attention of the DCA Liaison.

[xxorlsxx]

Hi all,

Am getting some great advice from you all,

OK, i owe natwest about £2000 but most of it is charges, they have now passed the debt on to capquest (dca), i want to reclaim the charges natwest have added but who do i claim them from, natwest or capquest?

Any help please?

cheers, xxorlsxx,

[saintly_1]

You send the SAR to Nat West

[xxorlsxx]

Thanks Saintly 1,

im a bit confused as someone said that if the dca now own the debt they should repay the charges, not natwest, is this not correct? i ask this because i have the same problem with capital1/ robinson way(dca)

[saintly_1]

You SAR Nat West and CCA the DCA

[Pinky69]

Our apologies Mamoo. Send the Leeds Losers this:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

and this:

 

 

CC. Office of Fair Trading. (by email)

Dear Sirs.

I refer to your letter dated May 2010 . The contents of which are noted.

 

You have contacted me regarding the ###### with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to yourselves.

 

I am familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

In the event that you intend arrange a Doorstep call by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as written communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees, or your Agents or your Representatives to visit me at my property and, if you do so, then you will be liable to Damages for a Tort of Trespass and Civil Action will be taken. The Police will also be called."

 

and send them to their Complaints Department or they will just ignore them. If anyone does come to the door, tell them they have 30 seconds to get off your property or you will call the police. Don't speak to them on the phone - ever - and ignore anyone who comes on this site representing the company. They are bad news.

[cerberusalert]

Pinky69 why are you answering a 3 y.o thread?

[Pinky69]

I posted a reply on the wrong thread!!

[maroondevo52]

Pinky69 why are you answering a 3 y.o thread?

 

Getting the post count up

[Pinky69]

[maroondevo52]

Hope you found mamoo

[Pinky69]

Thank you, I did.