mrkhm vs natwest mastercard

[mrkhm]

Dear all,

 

I had a mastercard with Natwest which went over the limit due to the ridiculous charges made.

 

I contested these charges early last year and Natwest replied with an offer conditional that i do not take them to cout regarding this matter ever again.

 

So i signed off (foolishly? i dont know) but it only took off about £164.00 off a £774 debt of which my maximum limit was £700..

 

so i thought that if i signed off on their 164 offer then i would be in the green again as this would be under my limit (i.e. approx £610), and they never contacted me to start repayments of the remaining balance, they just kept quiet and then boom, guess who writes yesterday? WESCOT!

 

So i am a bit bemused as to whether i should start down the whole S.A.R request thing? or what do i say if i am pulled in court when honestly i thought that their refund of charges meant that the card was now under the limit clearly reflected by the fact they are only claiming 580.00 which is under what was my 700 limit.

 

Also i didnt get all the charges i wanted refunded, but thats my fault, i signed off on it, but did it just to get on with my card.

 

any thoughts?

[AndyOrch]

Hi KHM

 

Have you ever requested a copy of your CCA on this account? If not I would now from the DCA and its important that you head the request with "I do not aknowledge any debt to your company " You need to establish if they have the right to collect on the debt firstly. failure to respond to your request will return said debt back to the O/C. Remember £1.00 PO and no signitures and recorded delivery a must.

 

Regards

Andy

[mrkhm]

Hello Andy!

 

yeah ok i will do taht straight away, any templates anywhere?

 

thanks again, as always...

[AndyOrch]

hi thought u had left us

 

http://www.consumeractiongroup.co.uk...templates.html

 

letter N if my memory serves me well

 

Regards

Andy

[mrkhm]

hi,

interesting thing i am remembering now (when panicking, you can forget), is that i have already sent them a letter to that tune saying "i do not acknowledge this debt...leave me alone..." but it was without the CCA request part, does this affect your advice?

[AndyOrch]

Hi

 

Its ok just send the the letter as advised and keep proof of postage.

 

Regards

Andy

[mrkhm]

hello again! I sent that cca request with "£1.00" payable to Wescot

 

Their response:

 

With reference to the above account, please send your request in writing for a copy of the opening agreement along with a cheque for £1.00 or postal order made payable to the Royal Bank of Scotland at the following address:

 

blablabla,south end on sea

 

Should yoq have any further enquiries, please do not hesitate to contact ourselves.

 

Yours faithfully,

 

blablabla...

 

 

so why do i have to send it off to natwest?

[AndyOrch]

Hi KHM

 

Ok send it to Snatchvest and also send wescot little note to establish if they have the right to collect (check your old thread i think i posted some there)

 

 

Did they return your PO?

 

Regards

Andy

[mrkhm]

hi, yes they returned the p.o. but i have already sent them 2 letters along the lines of "i do not acknowledge" and this one was teh thirds one with a p.o. attached saying "show me proof".

 

So i have 2 questions:

 

1. what do if if wescot keep trying

2. what to do if snatchwest respond by sending me a copy of a signed agreeent?

 

thanks as always...

[AndyOrch]

Hi KHM

 

Ok well if waistcoat keep on writing so what, they are in default of supplying said CCA request! Its them that should pass the request onto the O/C however givien that you have also sent it to RBS, then lets see what their reaction is after all one of them has to supply it in order to enforce the matter,or they are barking up the wrong tree.

Should RBS reply which they should as i believe Waistcoat are only acting on their behalf therefore the debt is still with the O/C.

If they do return somthing then just post a copy up (remove personal details first) and we will take a look, in order to satisfy ourselves it is in fact enforcable

 

I trust the above is of help

 

Regards

Andy:)

[mrkhm]

it sure is, thank you as always