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PPI rejected Natwest... HELP!!!!


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Hi again,

 

I have drafted a letter threatening legal action. Please can someone have a read for me and let me know if this letter is ok?? should I add anything or delete any parts??

 

gratful for your help as usual xxx

 

With reference to my letters dated 12th August and 23rd September 2008 you have failed to comply with the lawful request for a true, signed copy of the Consumer Credit Agreement for the personal loan taken out on the above mentioned account.

As previously stated in my letter of 23rd September these documents I requested should be readily available as proof of your legal right to collect this money under the Consumer Credit Act 1974. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. The 12 working days expired on 29th August. If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

This 30 day limit expired on 28th September 2008.

I am allowing another 7 days for you to respond to this letter with a copy of my Consumer Credit Agreement otherwise I will have no choice but to take this matter to court to claim for my mis-sold PPI. A reminder of what I am claiming is as follows:

The return of PPI payments made on the account totaling £2,784.26 plus interest of £222.74. This is the original amount of £5,408, minus the refunded amount in December 2006 of £2,623.74, plus interest at 8% which would be awarded in the court of law, plus the any legal costs

I reserve the right to report your actions to any such regulatory authorities as I see fit. You had 14 days from receiving the letter dated 23rd September to contact me with your intentions to resolve this matter which was a formal complaint and I still haven’t received any correspondence from you.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

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Hi again,

 

I have drafted a letter threatening legal action. Please can someone have a read for me and let me know if this letter is ok?? should I add anything or delete any parts??

 

gratful for your help as usual xxx

 

With reference to my letters dated 12th August and 23rd September 2008 you have failed to comply with my request for a true, signed copy of the Consumer Credit Agreement for the personal loan taken out on the above mentioned account which information I am legally entitled to receive. Your failure to provide me with this document is a breach of the Consumer Credit Act 1974 Sections 77-79.

 

As previously stated in my letter of 23rd September, the documents that I requested should be readily available as proof of your legal right to collect this money under the Consumer Credit Act 1974. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. The 12 working days expired on 29th August. If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence. This 30 day limit expired on 28th September 2008.

 

I am allowing another 7 days for you to respond positively to this letter with a copy of my Consumer Credit Agreement otherwise I will have no choice but to take this matter to court to claim for my mis-sold PPI. A reminder of what I am claiming is as follows:

The return of PPI payments made on the account totaling £2,784.26 plus interest of £222.74. This is the original amount of £5,408, minus the refunded amount in December 2006 of £2,623.74, plus interest at 8% which would be awarded in the court of law, plus the any legal costs.

 

I would also remind you that the FSA takes the mis-selling of PPI extremely seriously and you will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report, 30 September 2008.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You had 14 days from receiving the letter dated 23rd September to contact me with your intentions to resolve this matter which was a formal complaint and I still haven’t received any correspondence from you.

 

I look forward to hearing from you in writing with your targets to resolve this matter in the prescribed period of 7 days.

 

Yours faithfully

 

 

Hi Karen

 

That's a good letter and I have just made a few amendments to it and also included the reference to the FSA report on continued poor practice by lenders. Hope you think this is OK :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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  • 4 weeks later...

Hi all,

 

I have an update with those tinkers at Nat West. I received another letter from them on Friday saying that despite searching they are unable to provide me with the CCA as they cant find it (or words to that effect).

 

The letter also warns me that I should continue paying my loan otherwise it will have a detrimental effect on my credit score as any unpaid amounts will be reported to the credit reference agency.

 

What is the best course of action now? Court or go to the FOS first?

 

Thanks for your help, as usual

x

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Hi all,

 

I have an update with those tinkers at Nat West. I received another letter from them on Friday saying that despite searching they are unable to provide me with the CCA as they cant find it (or words to that effect).

 

The letter also warns me that I should continue paying my loan otherwise it will have a detrimental effect on my credit score as any unpaid amounts will be reported to the credit reference agency.

 

What is the best course of action now? Court or go to the FOS first?

 

Thanks for your help, as usual

x

 

Hello Karen,

 

You owe me a quid:lol:

 

As previous post

 

It is truely amazing that they state that they cannot supply you with the policy details.:shock: and I bet you £1 they will not be able to produce your credit agreement either. They have a terrible track record regarding production of such importand documents, they hopefully will be their downfall.:grin:

 

Thanks for putting your name on the compliant to oft re breaches of these muppets:D The more the better.

 

That was a rather intimidatory letter they sent you, but defensive to say the least:rolleyes: They obviously know that until they produce a ca, you can refuse to pay them and if they do default you and report you to the credit reference agencies, oh they are in breach of the oft debt collection guidence.

 

I would write back to them regarding this very serious issue and demand that they pay back your ppi, ppi interest and interest to boot.

 

You can always complain to the fos, although it well not happen overnight, they are upholding 80% of cases.

 

Report them to the financial service authority, the office of fair trading and trading standards to start with:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Karen,

 

You owe me a quid:lol:

 

As previous post

 

It is truely amazing that they state that they cannot supply you with the policy details.:shock: and I bet you £1 they will not be able to produce your credit agreement either. They have a terrible track record regarding production of such importand documents, they hopefully will be their downfall.:grin:

 

Thanks for putting your name on the compliant to oft re breaches of these muppets:D The more the better.

Yay :grin: Where's the link ... I want to sign too ...

That was a rather intimidatory letter they sent you, but defensive to say the least:rolleyes: They obviously know that until they produce a ca, you can refuse to pay them and if they do default you and report you to the credit reference agencies, oh they are in breach of the oft debt collection guidence.

Unbelieveable aren't they ...

I would write back to them regarding this very serious issue and demand that they pay back your ppi, ppi interest and interest to boot.

 

You can always complain to the fos, although it well not happen overnight, they are upholding 80% of cases.

 

Report them to the financial service authority, the office of fair trading and trading standards to start with:-D

;)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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yes i quote "we regret to advise that the loan agreement has been misfiled and despite searching our records we have bee unable to locate it" "we should point out that if you cease to make future payments as they fall due we will report the default to the Credit reference agencies"

 

Bleeding CHEEEEEEK!

 

Right I shall get reporting tomorrow and write them yet another stern letter tomorrow......

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Hmmm, a simple reminder that their inability to provide a credit agreement means that they have provided no proof of their legal right to collect the account from you under the Consumer Credit Act 1974. This renders the 'debt' unenforceable and therefore, you cannot be held to be 'in default'.

 

Should they continue pressing you for payment, you will report them to the Information Commissioner's Office and should they also persist in their threats to report the 'imagined' default to the credit reference agencies, you will take steps via the courts to have any negative information removed as they have legal right or jurisdiction to do so.

Edited by Paintball
  • Haha 1

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Report them to the financial service authority, the office of fair trading and trading standards to start with:grin:

 

Do not miss out the Information Commissioners Office for failure to comply with The Data Protection Act 1998.:) I wrote one letter and sent it to everyone including the British Bankers Association. It is worth a stamp to get someone to think about replying to you in a nice way:grin:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Good plan aa, and it's great when they reply with a really crawly letter when they realise you have them over a barrel without a leg to stand on ...

 

Oops, did I just mix my metaphors there?

 

 

:lol::lol::lol:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Alas, my experience of these bullies is less than good. I put my account into legal dispute, no evidence of credit agreements, they mis-sold ppi of three previous loans, form 1998, 1999,2001 which comes to a total of about £18,000 with 8% statutory interest. (They did pay up on the last loan).

 

They defaulted me with no default notice and are continuing to add interest to the balance.

 

I have written many many letters to this bunch, they do not listen and continue breaching regulations, I have written to the oft with a complaint and got the template letter, they do nothing:mad:

 

This has gone on now for over 18months, there last correspondence was not to write to them anymore and they had passed the account to solicitors.

 

I have been waiting for the n1 issue, so I can defend and counterclaim, but it does not come

 

I am so frustrated with this lot.:-x

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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well i have just called the FOS and registerd a complaint. I have to call them back tomorrow with the reference number on the final response letter that they sent to me and they will start the ball rolling.

 

I shall most definitely contact the Information Commissioners Office and report the beggers!!!!

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Ok I have looked on the Information Commissioners Office website. which bit do I go to, to make the complaint?? In the complaints section it gives the following options...

 

Data protection

Privacy and electronic communications

Freedom of information

Environmental information regulation

 

Which one is most relevant?? Or should I just email them from the "contact us" section. Sorry being a thicko...

xx

Edited by karenc79
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Evening KAren

 

I think it was Alanalana who posted up the correct link to the ICO to make a complaint. Maybe he'll pop up shortly and post it again ...

 

:)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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This what you're looking for PB ? ;)

 

Complaints - Privacy & electronic communication - ICO

 

 

Oops maybe not - it's already on earlier ...... :oops:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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hello all,

 

this is the link you need as painty put first in the list it is...Data Protection Act complaint that you need ....

 

The Data Protection Act (DPA) 1998, data protection policy - ICO

 

and the complaints page...

 

Complaints - Privacy & electronic communication - ICO

 

hope this helps;)

 

aa

Edited by alanalana
link redone

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Good to know I was half-right aa , :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Good to know I was half-right aa , :D

 

 

:lol::lol:

 

Watch out, there's a cheeky one about!!!

 

8)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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**

:D**

Hey Painty you keeping tabs on everyone ? We had better watch our step.

(NOT CHEEK);)

aa

 

Sorry Karenc for trying to take over your thread must be careful or Painty will be after me:eek:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Teehee aa, I was refering to johnnymitch, not you pet!!

 

He and I know each other rather well ;) ... and he can definitely take a bit of ribbing :D

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Watch out, there's a cheeky one about!!!

 

Takes one to know one PB !:p:lol:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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