old debt and natwest

[haime]

Hi All

 

glad to be part of the forum! i apologise if this is longwinded but wanted to try to get some advice.

 

6 years ago we had accounts with natwest, a loan an overdraft and 2 business overdrafts. we got into difficulty and the business folded, we were very stressed and confused so offered £140 per month which was accepted and has been pain ever since. recently we decided to try to find out the true picture as we have never had anything from natwest in way of default notices, final demands, statements or anything. i wrote to say i had paid over £9000 and they came back to say the debt was at £40,000 but would settle for £30,000! i have gone through the process of requesting original copies of everything re cca section 78 and all i have been sent are screen printouts with my details and copies of case history notes as well as copies of recent corrospondance. my question is what do i do now as they dont seem able to provide anything?

 

thanks in hope

[AndyOrch]

Hi Haime

 

Welcome to Cag I would advise you to firstly request a S.A.R (subject access request) on everything they hold on your Accounts.Include £10.00 PO

 

Can be found here

1. Data Protection Act, Subject Access Request letter - List of charges

 

 

Regards

Andy:cool:

Edited July 22, 2008 by Andyorch

[haime]

thanks andy

 

have done that and just got load of screen printouts and copies of recent communication over last month or so, also copies of their event logs from the computer whan i first asked for info, absolutly nothing re the debts, no copies of agreements, no statements, no copies of default or final demand notices!

 

any suggestions what to do now?

 

thanks

[AndyOrch]

Hi have they threatened any litigation and who are dealing with the accounts now?

 

 

Regards

Andy

[haime]

hi

 

havent threatened anything but i now cant pay even £140 per month it is being dealt with be credit management services i cant even remember the loan or overdraft probably shouldnt have offered £140 in first place but had just lost my business and wanted them to go away so i could try to rebuild.

[AndyOrch]

Ok well you have requested your CCA on the loan element when did you request this? you understand they are now in default if 14 days have passed!

 

Regards

Andy;)

[haime]

hi andy

 

request went recorded delivery 21st May! they came back and asked for £10 which was sent for the info then asked for wifes authority as it was joint that was all sent 27th June since then have received only what i said before nothing else to do with what i requested under cca section 78 etc

 

thanks so much for this advice it really helps to go through it with someone have a beer on me!

[AndyOrch]

hi

 

Did you reuest yor CCA seperatly including a £1.00 PO? Whos template did you use? sorry for all the Qs but need to know where we are with this.

 

Andy

[haime]

sent the following dont think they asked for £1

 

Further to your letter of 15th May I would like to formally request the following documentation concerning this alleged matter.

Under section 78 of the consumer credit act 1974 please supply original or certified original copies of all documentation relating to the accounts relating to the above reference. This includes all copies of original directors guarantees, original copies of any formal demand notices and default notices with copies of any signed replies, original copies of any loan credit agreements, statements of interest and charges applied, together with original copies of all documentation relating to any overdrafts, loans or other showing the terms of interest, length of loan and any further documentation you may hold showing signed agreements by myself.

It is my understanding that it is my right to request these documents and your obligation to supply them.

Please be aware that computer screen printouts are not acceptable as with all due respect these will show whatever has been input whether correct or not.

I look forward to receipt of the above and your response within 14 days.

Yours sincerely

[AndyOrch]

Ok Haime

As thought you have not requested the CCA in the correct manner you need to re request using this http://www.consumeractiongroup.c o.uk...templates.html letter N inc £1.00 PO dont sign print name. Rec Delivery Get that off and we will start again. I presume you didnt use theCag template either with regards to the S.A.R request the link is above for that one.

Now moving on as Telford issued any default note in regards to the loan and have they issued any termination notices with reference to the overdrafts ie a notice served under sections 76(1) and 98(1) of the CCA 1974 its not technally a default note more of a notice to terminate the account overdraft agreement?

 

 

Regards

Andy;)

.

[haime]

ok i will resend for the cca stuff using the template and postal order, they say they have sent everything re the s.a.r. i have had no default notices or demands re the other things at all not recently or 6 years ago. if i send the letter of with my £1 and i dont get anything or they cant find it what happens.

 

this is really helpful thank you

[AndyOrch]

They are in default of your request and you are perfectly entitled to withold payement a further 30 days and they have commited a criminal offence.If they are failing to supply your account information vis a vis the S.A.R then you need to isolate them force their hand to bring the matter to ahead this could involve litigation a risk i now but the other option is to continue to pay forever and a day at extortinate interest rates.

Are you aware of an penalty charges to said accounts?

 

 

Regards

Andy;)

Edited July 22, 2008 by Andyorch
typo

[haime]

they have sent what i described earlier but nothing re the accounts, i dont know about penalties but interest is at about 18%! after paying almost £10,000 i owe £71 more than when i started aparantly. What do i do if they cant supply the info under cca section 78?

[AndyOrch]

Hi haime

 

After 14 days (12 +2 delivery) they are in default as i have advised above your call .We do not advocate debt avoidence on Cag but you are perfectly entitled to make no further payments to service said debt.That is your choice i can only advise.Like i said also ,re request the S.A.R using the Cag template inc a further £10.00 seems the one you have used as had little effect.Update your post when anything else transpires.

 

 

Regards

Andy;)

[haime]

thanks will do

[haime]

hi all

 

hope someone can help i am at the end of my teather now. I asked for the credit agreements as discussed under section 77 etc i have now been sent a typed up old loan agreement nothing to do with what i asked for and a letter saying that the bank may provide me with a true copy of the agreement in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents) regulations 1983 then say that this means under section 77 there is no obligation for the bank to provide me with a copy of the original document bearing my signature, a true copy does not need to contain any personal information relating to me as the debtor nor does it need to include a signature box any signatures or dates of signatures!

 

i am now getting very nasty and threatening calls from nat west even when i pointed out i was disputing the debt they said they hadent agreed to put it on hold and would take legal action to go for my house even though they say it was an unsecured loan.

 

HELP SOMEONE PLEASE!!!!!

[AndyOrch]

Hi Haime

 

Now when you poke the bear and he cant respond with your request then thats when all the above guff comes out.If they had a copy they would have certainly sent one its harder to reconstruct than supply and so that is the only option left in an attempt to pasify your request.keep a papertrail now of all the harrasment and threatening calls and see what their next move is.I would consider it very foolish to instigate litigation in the absence of a true signed copy of your CCA.However to none CAG audience this sometimes works in an attempt to frighten you and hope they get judgement by default.

 

keep your thread updated if anything else transpires

 

Regards

 

Andy;)

[haime]

THANKS ANDY, DO YOU THINK I SHOULD WRITE TO THEM AGAIN STATING THEY HAVENT COMPLIED ETC AND THEY ARE AT FAULT ALSO WHAT ACTION DO I TAKE IF I RECEIVE THE LETTERS AND CALLS

 

THANKS AGAIN (sorry for caps forgot to take it off not shouting promise)

[AndyOrch]

Do you think it will serve any purpose in writing to tell them they are in default of said request?You may wish to send them the harrasment letter out of the template library but apart from that just monitor their every move and build your case for when and if they instigate litigation let them build your counter claim for you, because there is nothing better in defending a claim with a good counter claim of harrasment.

 

 

Regards

 

andy;)

[paulwlton]

hi all

 

hope someone can help i am at the end of my teather now. I asked for the credit agreements as discussed under section 77 etc i have now been sent a typed up old loan agreement nothing to do with what i asked for and a letter saying that the bank may provide me with a true copy of the agreement in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents) regulations 1983 then say that this means under section 77 there is no obligation for the bank to provide me with a copy of the original document bearing my signature, a true copy does not need to contain any personal information relating to me as the debtor nor does it need to include a signature box any signatures or dates of signatures!

 

i am now getting very nasty and threatening calls from nat west even when i pointed out i was disputing the debt they said they hadent agreed to put it on hold and would take legal action to go for my house even though they say it was an unsecured loan.

 

HELP SOMEONE PLEASE!!!!!

 

Could you scan and post the agreement they've forwarded?

 

Have they sent statements relating to all your accounts?

 

How much was the original indebtedness when your accounts were sent for recovery?

Edited August 31, 2008 by paulwlton