attention all rbs/natwest breaches of 77/78 requests under the cca 1974

[paulwlton]

help!! nat west have sent me my cca (true copy) for a loan but it looks decidedly different to the one i have and no cca for my overdraft now what .. any help anyone?

 

Are you able to post the copy they've forwarded?

[shakti]

i am new to this site (today) so i'll need help

thanks paul

[paulwlton]

i am new to this site (today) so i'll need help

thanks paul

 

Check out the link. There's a dummies guide to photobucket somewhere.

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/129418-rbs-becoming-inventive-your.html

[redman2000]

I too have a recreated nat west agreement which I sent back to cms in telford, they told me they would respond in 10 days. I received another letter 2 days later saying they had sent my complaint to a higher authority and would respond in 5 days..........still waiting. Watch this space!

 

They sold my debt to Cap Quest and I asked them for a deed of assignment, they sent me a covering letter saying it was a deed of assignment. Do they think we are all stupid?

[paulwlton]

I too have a recreated nat west agreement which I sent back to cms in telford, they told me they would respond in 10 days. I received another letter 2 days later saying they had sent my complaint to a higher authority and would respond in 5 days..........still waiting. Watch this space!

 

They sold my debt to Cap Quest and I asked them for a deed of assignment, they sent me a covering letter saying it was a deed of assignment. Do they think we are all stupid?

 

They will not forward a deed of assignment due to sensitive information...this would reveal what was paid for the debt etc. However, they must forward you a notice of assignment.

 

Beware! Telford has an habit of inserting new clauses in their recreated agreements.

[Dipply75]

Morning all, another one for the list. I sent my CCA request away on 2nd April, recorded delivery. Post Office did not get a signature and I thought it was lost until I received a letter from RBS Collections in Birmingham which seems to be a pretty standard template now.

 

They cannot find the loan agreement, has been misfiled, return the £1 PO...but:

 

The loan agreement remains valid, we expect you to meet your obligations under the agreement, if I cease payments they will report the default to the CRA's, then the usual open threat that this will affect you for 6 years blah blah.

 

Should I require more details about the loan they can tell me what is in their records (pmsl, cause that is just as accurate and infallible)

 

The thing that will really be peeing them off about this one is that I complained about a missold loan, won and got them to replace the £4K balance with this £750 interest free....I sent 3 agreements as they kept losing them, and they still cannot find one. What the hell is going on with their paperwork???!!!

 

This account never showed on any of my credit files, if they decide to put it on now it would clearly be only to punish me and I will take them the whole way.

 

Any idea of a suitable letter I could use in response please?

[sequest]

Can I ask on what basis you claimed loan was mis-sold as I am also claiming this in my court case with the bank.

[Dipply75]

Hi Sequest,

 

I had a loan with RBS and all was ok until the Tax credits system tried to ruin my life, practically no income I could not keep up with the payments. I was also due to go onto maternity leave and they just did not give any of the assistance they were able to and expected to.

 

Then their solution was to offer a new loan paying off my huge overdraft of charges and settle my loan - essentially stretching a £1K loan balance to a £3.5K loan over 5 years (loan, O/D & charges). They insisted this was my only option so I signed. Then I claimed misselling as I was forced into further borrowing when in financial difficulty.

 

I fought for a year with them, then just refused to pay. they tried the "you signed, your borrowing is your own responsibilty" crap but I kept on about responsible lending, banking code and then asked specifically what was entered into the system to allow someone in my financial circumstances be approved for such a loan - they folded!

 

Hmm, not suspicious at all! If I can help please just let me know

[shakti]

hi dippy

i've got a dodgy cca from nat west too looks like they are not very good a cut and pasting with my signature good luck!!

[sequest]

Hi Sequest,

 

I had a loan with RBS and all was ok until the Tax credits system tried to ruin my life, practically no income I could not keep up with the payments. I was also due to go onto maternity leave and they just did not give any of the assistance they were able to and expected to.

 

 

I fought for a year with them, then just refused to pay. they tried the "you signed, your borrowing is your own responsibilty" crap but I kept on about responsible lending, banking code and then asked specifically what was entered into the system to allow someone in my financial circumstances be approved for such a loan - they folded!

 

Hmm, not suspicious at all! If I can help please just let me know

 

Hi Dipply75,

 

Many thanks for that explanation.

My loan was taken out in similar circumstances to yours ie. pressured into making overdraft into loan and then they frontloaded about 5K interest.

I planned to use the 'unfair relationship' argument and banking code in my defence. Pleased to hear it worked for you - gives me hope, if the other areas of my defence fail ie. no agreement (but this could turn up at last minute!) and mis-sold PPI.

[Dipply75]

Hi Sequest, in that case I would ask some very forward questions about what was actually entered about your circumstances to get the loan approved (and were the staff on any bonus/comission? For selling the loan OR for moving your debt )...after a year of fighting I asked this and they settled in one week.

 

I did not, however, get to see the details entered. If you are in litigation with them can you not force disclosure? Best of luck, it can be done

 

And I agree Shakti, about as professional as the rest of their carry on!

[sequest]

Dipply75 - did they take you to court?

[redman2000]

The loan agreement that I was sent from nat west was hand written on the front page, which all seemed fine, however when I looked at the signature page, it was clear that this had been scanned. Where I had signed was half a signature and further signature - clearly scanned.

 

Most disturbing was the employee signature was the same one that had signed the statements that were requested...plus they had added £3000 for a loan insurance that I had never requested, or even spoken about, in other words the amount I was told to pay per month included this insurance, although I was never told this. I thought I was signing for £11000, but in fact it was £14000 - mis-selling or what.

 

I have consulted with a soloicitor, who informs me that I have a good case......to date no further responses from Nat West, or Cap quest.

[Dipply75]

Hi sequest, no I was not taken to court, they threatened it when I stopped paying them. I e-mailed that I would be happy to see them there and outlined what my argument would be. Nottingham Collections could not be less bothered, trained or organised let me tell you, I dealt with them and Customer relations the whole way.

 

Thanks to the OP, we now know this is obviously so wide spread, why is the FSA not looking into the actual operations at these Collection Centres?

[underdog13]

Hi Sequest, in that case I would ask some very forward questions about what was actually entered about your circumstances to get the loan approved (and were the staff on any bonus/comission? For selling the loan OR for moving your debt )...after a year of fighting I asked this and they settled in one week.

 

I did not, however, get to see the details entered. If you are in litigation with them can you not force disclosure? Best of luck, it can be done

 

And I agree Shakti, about as professional as the rest of their carry on!

 

That's good to know - thanks for that post Dipply:)

 

Think I will be asking those questions of RBS.....

[paulwlton]

There's more dodgy agreements on the thread below.

 

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/178148-natwest-loan-cca-whats.html

[vixx]

Hello,

 

I would be extremely interested to hear from all caggers regarding their experiences of obtaining true copies of their credit agreements after sending a legal request under section 77/78 of the cca 1974 to the rbs/NatWest.

 

It is my experience that they are extremely reluctant or have mis-placed, lost, disposed of these legal agreements.

 

If enough evidence from customers is obtained, it is my intention to provide this evidence and submitted a mass complaint to the oft and the fsa, and hopefully, rather than tell us they will not investigate individual complaints, but pull their finger out and really investigate this matter and fine the pants of them:grin:

 

Thanks in anticipation:-D

Hi, i recently received my CCA from the Halifax, which is a few sheets of paper that has come out of a printer, my signiture isnt even on it but they are saying they dont need to provide my original copy. Any ideas??

[shakti]

hi vixx

could be happy to co-operate with you i requested my cca from n/w and got perfect cca with my signature transposed on to it

let me know what i can do to help , definately count me in

shakti

[vixx]

Are you able to post the copy they've forwarded?

Hello,

I requested my cca from Halifax which arrived today, though it doesnt look anything like a agreement, just a few sheets of paper with terms and conditions printed on them, my signature is nowhere on it and they are saying thats all they need to supply me with and no further correspondance will be entered into, are they breaking the law?? I am confused, i thought i was supposed to get my TRUE copy. Any advice, thanks