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TMA v Natwest


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Hi I'm new to the forum and have been reading how successful you have all been and hoping for some advice.

 

Nastywest paid in full for all my bank charges in Sept 2007 and now I am claiming for all the PPI for loan and credit card accounts.

 

Basically I wrote a complaint letter to Natwest in Feb 2008 for various things one of them being refund of ALL my PPI. Now I have received a letter following their investigations stating:

 

'On this occasion I have been unable to confirm precisely what information you were given at the time you purchased the policy. In the circumstances, as a gesture of goodwill and without any admission of liability, the Bank is prepared to make you the offer detailed below'

 

The bank is prepared to refund the insurance premiums and interest that you have paid to 28 Feb 2003...'

 

Amounts to £876.47 which I know cannot be correct as I am asking for ALL PPI to be refunded.

 

As it stands I have a loan (taken out May 2003), o/d and a credit card balance which are in the hands of Wescot Finance and I have an agreement with them to pay a monthly amount.

 

I was going to argue that because my current loan is being paid off including all the PPI and interest, surely because I am paying Wescot that I couldn't use the PPI element even if I needed to?

 

I think that the PPI element amounts to about £10k in total but to be sure do I need to do a SAR?

 

IMO if Natwest are unable to confirm what information was given then surely I have a case?

 

On another note - if I get a SAR will this show where my payments to Wescot have been allocated with regards to loan, credit card and o/d? In my credit file there is no consistency because the loan account has only just starting reducing monthly when I've been paying Wescot for over 2 years??

 

HELP!! Where do I find a copy of a standard SAR?

 

If I'm in an agreement with Wescot should this still come up as a Default on my record every month?

 

One more thing Natwest never closed my account when it was referred to Wescot but I can't access it. Am I within my right to close my accounts so that if I get a refund for PPI they will have to issue a cheque instead or use a different bank account? Last time with the bank charges they insisted on paying into my NatWest account and transferring across to Wescot -said I didn't have any choice??

 

Sory to ramble but any advice most welcome.

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I will bump this up. The bank would have a note with regards to the loan itself, ie paperwork. I think you need to ask them to clarify and provide copies of the loan paperwork so you can be certain that their figures are correct. Has the PPI on the current loan been cancelled? That I would do straight away.

Not sure on the Westcot questions so hopefully someone will come along and have a look at that.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi I'm new to the forum and have been reading how successful you have all been and hoping for some advice.

 

Nastywest paid in full for all my bank charges in Sept 2007 and now I am claiming for all the PPI for loan and credit card accounts.

 

Basically I wrote a complaint letter to NatWest in Feb 2008 for various things one of them being refund of ALL my PPI. Now I have received a letter following their investigations stating:

 

'On this occasion I have been unable to confirm precisely what information you were given at the time you purchased the policy. In the circumstances, as a gesture of goodwill and without any admission of liability, the Bank is prepared to make you the offer detailed below'

 

The bank is prepared to refund the insurance premiums and interest that you have paid to 28 Feb 2003...'

 

Amounts to £876.47 which I know cannot be correct as I am asking for ALL PPI to be refunded.

 

As it stands I have a loan (taken out May 2003), o/d and a credit card balance which are in the hands of Wescot Finance and I have an agreement with them to pay a monthly amount.

 

I was going to argue that because my current loan is being paid off including all the PPI and interest, surely because I am paying Wescot that I couldn't use the PPI element even if I needed to?

 

I think that the PPI element amounts to about £10k in total but to be sure do I need to do a S.A.R - (Subject Access Request)?

 

IMO if Natwest are unable to confirm what information was given then surely I have a case?

 

On another note - if I get a SAR will this show where my payments to Wescot have been allocated with regards to loan, credit card and o/d? In my credit file there is no consistency because the loan account has only just starting reducing monthly when I've been paying Wescot for over 2 years??

 

HELP!! Where do I find a copy of a standard SAR?

 

If I'm in an agreement with Wescot should this still come up as a Default on my record every month?

 

One more thing Natwest never closed my account when it was referred to Wescot but I can't access it. Am I within my right to close my accounts so that if I get a refund for PPI they will have to issue a cheque instead or use a different bank account? Last time with the bank charges they insisted on paying into my NatWest account and transferring across to Wescot -said I didn't have any choice??

 

Sory to ramble but any advice most welcome.

 

Hello and welcome,

 

You have an excellent case or they would not be offering you a goodwill gesture to make you go away.

 

Your options are

 

Accept their offer as full settlement to your complaint (I wouldn't):mad:

 

Accept their offer as part settlement to your complaint, whilst you investigate your accounts.

 

Send a SAR you will find the template letter in the ppi stickies. Send them a postal order for the £10 fee and send it recorded delivery. You can track the letter on the royalmail website to ensure they receive it and start counting the days.

 

I would also send them a letter under section 77/78 of the cca for a true copy of your credit agreement/s to see what you actually signed up for.

 

As for Westcot, have they been instructed to act on behalf of nastywest or did they assign/sell the debt to them. This is important to know.

 

Please remember that the penalty charges they took and all of the ppi, would have caused you severe hardship, which probably caused the downward spiral of your financial situation. Don't just get mad, get even.

 

If they have defaulted you, they have terminated any agreement they have with you

 

Keep us posted:grin:

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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I'm definitely not taking the easy option and settling for just over £800 - they owe me far more than that - they are not getting out of it that eay haha!

 

I will do as you suggest and send an SAR and a letter.

 

I'll also find out re Wescot. Last time I spoke to Nastywest was in Oct 07 when i got all my bank charges refunded but they refused to pay by cheque or into a different account. They would only refund into my Natwest account which I don't use and have no card etc for. This in turn was supposed to have been credited against my loan debt but I'm still sorting this out as this doesn't show on my credit file ?!!

 

What happened was I couldn't afford to keep up the £493 monthly payments and sort advice from a Branch Manager and Customer Service Advisor who couldn't help. The CSA advised me to wait until it was referred to Debt Management who would set up a payment plan - this is where Wescot came in.

 

But as far as I know my account is still open with Natwest - am I able to close this and keep my payment plan with Wescot?

 

If I then get more PPI refunded can I insist they pay by cheque or into a different account - or legally can they insist it comes of the debt??

 

With regards to Defaults - I have 3 defaults monthly on my credit file all from Natwest. 1 - Loan, 2 -Credit Card and 3 - Overdraft. But I have it in writing from March 2008 that the Overdraft account has actually been paid off (according to their records) but it still shows as a debt and a monthly default!! This is something I need to get sorted a well - where do I stand with this? Can I claim compensation if I send a copy of the credit report and their letter?

 

Thanks for the help so far

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I have received a second letter today from Natwest offering me another gesture of goodwill.

 

I have requested copies of my credit agreements but think that this letter is in relation to my current loan that is managed by Wescot.

 

As background: I took out the loan in February 2003 for £25k with monthly payments of £493.47 over 7 years It was then referred to Wescot for non-payment and I started paying Wescot in March 2006. Overall I made a total of 26 monthly payments of £493.47 initially giving a total paid of £12,830.22 before Wescot took it over.

 

The total at the beginning of the loan to be repaid including interest and protection is £41,451.48 so £16,450 is interest and ppi!

 

The letter today states:

On this occasion I have been unable to confirm precisely what info you were given .... as a gesture of goodwill and without any admission of liability ... the offer detailed below:

 

The bank is prepared to refund the insurance premiums to your loan account that you have paid to date as a gesture of goodwill. Our calculations show that you have paid a total of £2742.32 for the PPI element of your loan. .. credit my loan account with your refund of £2742.32 reducing the arrears on the loan.

 

'They are also crediting my loan account with a further £2857.96 as part of our committment to putting your loan back into the position it would be if you had not taken the PPI.'

 

Erm where does the £2857.96 come from - anyone??! How have they worked this out??

 

Where do I stand asking for this refund to be paid directly by cheque seeing as it's my money? Legally are they in their rights to pay it off the loan account??

 

Apparantely they are going to continue with my payment plan but surely now the PPI has been taken off the overall outstanding debt should be reduced significantly as it would have reduced the total interest and ppi down from £16,450.

Anyone know how to work this out without the ppi from the beginning?

 

Sorry If I've confused anyone but if you can help it would be much appreciated...

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  • 2 weeks later...

Hi. Whilst claiming back my PPI I thought I'd check my credit file. On there it shows 4 Default for Natwest :

 

1 Personal Loan - Managed by Wescot Credit Services where I have a monthly payment plan in place

 

2 Credit Card - Again managed by Wescot Credit Services

 

3 Advantage Gold Account - Overdraft

 

4 Current Plus Account - overdraft

 

Now I'm aware of receiving 2 Defaults in relation to non-payment of Personal Loan and Credit Card. I was advised by Lending Centre that the only way to get reduced payments is for the accounts to be referred to the Debt Management Centre - which resulted in it being referred to Wescot and me arranging to pay 2 monthly payments.

 

Now I'm not aware of a Default Notice being issued for my 2 Current Accounts in relation to the overdraft. I stopped paying my salary into the accounts because my cards where stopped and I had no access to withdraw funds (again as advised by Nat West Lending Centre).

 

So where do I stand that the payments made to Wescot were initially used to pay off both of my overdrafts before reducing the balance on my loan or credit card? How did I get 2 extra Defaults for the Current Accounts when there was no payment agreement in place as they are overdrafts?

 

Am I just confusing myself or should there never have been Defaults registered against the 2 Current Accounts anyway?

 

The balances of both accounts are now zero and I've requested they both be closed which Natwest have agreed to but now I'm stuck with 4 Defaults instead of what I beleive should be 2..

Anyone any advice or been in the same boat??

 

Thanks

 

Tina

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Just a quick update re my last posting. I called Natwest today to check that both of my current accounts had been closed.

 

This has not happened. Apparantely they are classed as dormant accounts and are unoficially closed - they won't be closed until my personal loan and credit card balance are cleared. How can they do this? Surely you don't need a current account with the bank to have a personal loan and credit card?

 

I then asked about Default notices that are on these accounts. Apparantely when the Default Notice was given in January 2006 it covers all of my 4 Accounts. When you agree payments with Wescot they class all 4 accounts as one and the one Default Notice covers all of them. Is this right??

 

They have agreed to update my credit file as one of the accounts was settled in February but they've only just classed it as settled.

 

The manager in CMS actually told me that he's heard of people removing their default notices early by paying a fee to the CRA's. Anyone else heard of this as I'd be happy to pay a fee to get early removal of these 2 Defaults.

 

Looking forward to some good responses!!

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No idea on paying a fee to a CRA for default removal. The account would be open for credits only and then when the balance on the Current account equals the amount owing the account is closed with the CC and Loan.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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The balance on both of my Current Accounts is now zero.

 

I have balances on a Loan and CC account which are managed by Wescot and I pay Wescot monthly by standing order for an agreed amount. There are now no credits into my Current Accounts at all.

 

Surely I can close both of these Current Accounts completely and just continue to pay monthly to Wescot (the monthly payments come from a different bank account not Natwest)?

 

I basically don't want my PPI refund to be paid into these accounts and be swallowed up. (Natwest have agreed to pay out in 2 out of 3 PPI complaints, just waiting for decision on the third).

 

These payouts will enable me to clear all my other debts and I'll just then have the 2 with NatWest outstanding.

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I have no idea on how or where the PPI claims are paid out. PPI is something I am steering clear of on forums.

Sorry cannot help on that side of things.

Worth checking with CMS why accounts that are at zero cannot be closed and post on here. Explain what you have said on here and repost. How do westcot then send the payment to NatWest or do Westcot own the debts on the CC and Loan?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Apparantely the Current Accounts are unofficially closed and are dormant. As far as I know Wescot don't own the debts, Natwest referred the debts to them to obtain payment. I have an agreement with them to pay a set monthly figure.

 

I pay Wescot and this gets allocated to Natwest against the balance on my Loan and CC. The payment never goes through my Current Accounts just directly against these balance.

 

I'll find out the reasons why the accounts can't be closed and post on here

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Update for you. I sent off letters to Natwest re 2 out of 3 of my PPI Claims.

 

First PPI Claim

In my previous post I explained that Natwest had offered a refund of my current loan's PPI as a gesture of goodwill and also would credit the loan account to bring it in line with a non-ppi loan. They have also cancelled the PPI for this loan and will credit the PPI cancellation.

 

Great .. but I've tried to negotiate and ask that the PPI that I've already paid (over £2.5k) is refunded directly to me and not credited to my loan account. They have refused - as my account is managed by Wescot and I have £1.4 k in arrears they are crediting it all to my loan account. But the arrears would be cleared anyway by the other 2 credits.

 

They are also refusing to pay interest because it is a gesture of goodwill.

 

So, my question is where do I go from here? Can I legally request a direct payment as it is my money and can I push for interest? Surely if I threatened to take them to court as they've offered a gesture of goodwill they are admitting liability anyway?

 

Claim 2

Again they've offered me a gesture of goodwill refund payment of £867 which is correct. I asked for details of this loan which they gave me but did state that 'The Loan Agreement for this policy is no longer available'. Loan was taken out in May 2002 and cleared in Feb 2003.

 

Again they will not pay interest because it's a gesture of goodwill.

 

To be honest I'm happy if they will pay £867 direct plus the other £2.5k direct because it will help clear my other debts. So what's the best option now?

 

I want to try and get letters in the post tonight if possible as it's been dragging on since February!

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In my other thread I've explained that I've just been offered a refund of over £9k from Natwest which they insist on taking off my loan balance.

 

Basically my personal loan and credit card are managed by Wescot and for over 2 years I've been paying Wescot 2 amounts by standing order in order to clear these balances.

 

I have just called Wescot for a Settlement Figure as I was going to negotiate that the £9k refund be in full and final settlement of this debt.

 

Well, I've been told today by Wescot that Natwest withdrew this account from them on 7 August and I need to cancel the monthly standing order to Wescot as they no longer look after this account. So what's going on, why would Natwest take it back from Wescot?

 

Has this happened to anyone else?

 

I'm a little worried that because I've heard nothing about this from Natwest that if I do cancel the SO to Wescot Natwest will start chasing me for payments etc. But I am confused as to why they would remove from Wescot?

 

Any help please?

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Update for you. I sent off letters to NatWest re 2 out of 3 of my PPI Claims.

 

First PPI Claim

In my previous post I explained that Natwest had offered a refund of my current loan's PPI as a gesture of goodwill and also would credit the loan account to bring it in line with a non-ppi loan. They have also cancelled the PPI for this loan and will credit the PPI cancellation.

 

Great .. but I've tried to negotiate and ask that the PPI that I've already paid (over £2.5k) is refunded directly to me and not credited to my loan account. They have refused - as my account is managed by Wescot and I have £1.4 k in arrears they are crediting it all to my loan account. But the arrears would be cleared anyway by the other 2 credits.

 

Okay so they have made a gesture of goodwill, but this is conditional, they are taking you money to pay to themselves:mad: Not good enough I think. Personally I would accept there goodwill gesture as part settlement, but will continue with the claim via the court if necessary. They tried this fast one on me and I did not waiver. They paid up the ppi premium and ppi interest that I had paid them, plus 8% on top.

 

They are also refusing to pay interest because it is a gesture of goodwill.

 

So, my question is where do I go from here? Can I legally request a direct payment as it is my money and can I push for interest? Surely if I threatened to take them to court as they've offered a gesture of goodwill they are admitting liability anyway?

 

This is money that they took from you, causing you great hardship, do to their irresponsible lending and their endeavour for unjust enrichment. Have you have the credit agreement for this loan????????? from either the Nasty or Wescot. Who did you send the request to??????????

 

Claim 2

Again they've offered me a gesture of goodwill refund payment of £867 which is correct. I asked for details of this loan which they gave me but did state that 'The Loan Agreement for this policy is no longer available'. Loan was taken out in May 2002 and cleared in Feb 2003. Who did you send the ca request to?????? Nasty or Westcot?????

Again they will not pay interest because it's a gesture of goodwill.

 

To be honest I'm happy if they will pay £867 direct plus the other £2.5k direct because it will help clear my other debts. So what's the best option now? Personally, I feel that this is only round one of neogotiations, your best option would be to see this one to the end, and when you get your money back paid direct to you in the form of a cheque and them you decide whom and when you pay.

 

I want to try and get letters in the post tonight if possible as it's been dragging on since February!

 

Hello,

 

I have put a few comments on your post.

 

Can you please come back with the answers to my questions regarding the credit agreements and who you sent them to. This is really quite important regarding the debts.

 

Please don't sell yourself sort on this one: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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Hi thanks for your comments. I haven't formally made a CCA request - it's actually been quite easy so far to get them to offer this money!

 

I sent my original PPI refund letter in February and they have sent the offers as my previous post.

 

PPI Claim 2 - I asked Natwest in July for the personal loan info for my PPI Claim 2 - this loan was re-financed in Feb 2003 so not in the hands of Wescot. They initially offered me the £867 but didn't include any details of the loan so I asked for details which they sent me but said that the Loan Agreement is No Longer Available (loan dated May 2002 - Feb 03)

 

PPI Claim 1 -My first PPI claim I never requested a CCA but do have details of the monthly payments with and without PPI etc, total loan amount and amount payable etc. I've been paying Wescot for this one for over 2 years but haven't requested a CCA from Wescot.

 

They first wrote and gave me a goodwill gesture of nearly £8.5k consisting of: refund of PPI premium upon cancellation, PPI refund of premium paid so far and refund to bring my account in line with that of a non-ppi account. I wrote back requesting stat 8% interest and agreed that the PPI cancellation refund and their offer of a refund for non-ppi account be credited against my loan account (was happy to do this because it brings the debt down) but I requested that the PPI paid so far plus my interest refund be forwarded by cheque - they have refused and say it will all be credited to my loan account.

 

But a new development - I called Wescot lunchtme to get a settlement figure -thought I would be cheeky and offer them the amount that Natwest have agreed to refund so far (nearly £9k). Wescot tell me that the account was withdrawn from them by the client on 7 August and that I needed to cancel my Standing Order to Wescot for this account.

 

How strange - why would Natwest do this?

 

So do I accept their offers in part settlement on condition that they pay me direct by cheque. They have said they won't pay me direct because I have arrears of nearly £1.4k on the loan account which needs to be cleared - but if they are refunding nearly £9k then obviously the arrears will be cleared and I'll be in credit!

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In my other thread I've explained that I've just been offered a refund of over £9k from NatWest which they insist on taking off my loan balance.

 

Basically my personal loan and credit card are managed by Wescot and for over 2 years I've been paying Wescot 2 amounts by standing order in order to clear these balances.

 

I have just called Wescot for a Settlement Figure as I was going to negotiate that the £9k refund be in full and final settlement of this debt.

 

Well, I've been told today by Wescot that Natwest withdrew this account from them on 7 August and I need to cancel the monthly standing order to Wescot as they no longer look after this account. So what's going on, why would Natwest take it back from Wescot?

 

Has this happened to anyone else?

 

I'm a little worried that because I've heard nothing about this from Natwest that if I do cancel the SO to Wescot Natwest will start chasing me for payments etc. But I am confused as to why they would remove from Wescot?

 

Any help please?

 

Hello,

 

Just found this thread and I must confess to have nearly choked on my cup of tea.:lol:

 

This indeed sounds extremely favourable in your case:D

 

They have taken back the account from westcot who they instructed to pursue you for the payments. Obviously you have been defaulted on your credit file.

 

THEY HAVE TAKEN IN BACK, BECAUSE THEY ARE IN BREACH OF THE DATA PROTECTION ACT, BY GIVING YOUR DETAILS TO THIRD PARTIES, WITHOUT A CREDIT AGREEMENT, One in the eye for the good old Nasty:razz:

 

Maybe after all this time, they are educating themselves, as to what they can do under consumer law.

 

You need to be quoting all of this new revelations in your letter.

 

Please do report them immediately to the FSA, OFT and trading standards, the more black marks against them and they will be under investigation by the enforcement authorities.:D

 

Oops sorry nearly forgot to mention do not let Wescot away with this, they are pursued you, with no legal right to. Send them a nice little harassment letter

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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Hi thanks for your comments. I haven't formally made a CCA request - it's actually been quite easy so far to get them to offer this money!

 

I sent my original PPI refund letter in February and they have sent the offers as my previous post.

 

PPI Claim 2 - I asked NatWest in July for the personal loan info for my PPI Claim 2 - this loan was re-financed in Feb 2003 so not in the hands of Wescot. They initially offered me the £867 but didn't include any details of the loan so I asked for details which they sent me but said that the Loan Agreement is No Longer Available (loan dated May 2002 - Feb 03)

 

PPI Claim 1 -My first PPI claim I never requested a CCA but do have details of the monthly payments with and without PPI etc, total loan amount and amount payable etc. I've been paying Wescot for this one for over 2 years but haven't requested a CCA from Wescot.

 

They first wrote and gave me a goodwill gesture of nearly £8.5k consisting of: refund of PPI premium upon cancellation, PPI refund of premium paid so far and refund to bring my account in line with that of a non-ppi account. I wrote back requesting stat 8% interest and agreed that the PPI cancellation refund and their offer of a refund for non-ppi account be credited against my loan account (was happy to do this because it brings the debt down) but I requested that the PPI paid so far plus my interest refund be forwarded by cheque - they have refused and say it will all be credited to my loan account.

 

But a new development - I called Wescot lunchtme to get a settlement figure -thought I would be cheeky and offer them the amount that Natwest have agreed to refund so far (nearly £9k). Wescot tell me that the account was withdrawn from them by the client on 7 August and that I needed to cancel my Standing Order to Wescot for this account.

 

How strange - why would Natwest do this?

 

So do I accept their offers in part settlement on condition that they pay me direct by cheque. They have said they won't pay me direct because I have arrears of nearly £1.4k on the loan account which needs to be cleared - but if they are refunding nearly £9k then obviously the arrears will be cleared and I'll be in credit!

 

Hello,

 

Have posted on your other thread. I do believe it is important now to stick to one thread, may I suggest this one, so as not to confuse issues.

 

I feel that it is importand to request a copy of your original agreement. Bet you a £1 that they donlt have it. This will be why they have taken it back from wescot:D

 

I have to go into a meeting now, but will catch up with you later: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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They have already admitted that for my PPI Claim 2 they no longer have the loan agreement so there is no CCA for this one. They have offered a GOGW of £867 but no interest - what exactly can I claim for if they have no CCA on file?

 

I shall send a CCA request off for PPI Claim 1 to both Natwest and Wescot. If this has now been withdrawn from Wescot and Natwest don't have a CCA on file what do I do? The balance is £27k but would reduce by nearly £9k with the refunds - is there any way of settling this as an unenforced debt if they do not produce the original CCA??

 

I also owe Wescot £8k for a Natwest Credit card so will CCA for that as well!

 

On another note I really do want to settle some debts and make a fresh start. I pay both CL Finance (Debenhams) and Cabot (Citi) a monthly payment and would like to make a cheeky offer for settlement. Is it wise that I again get a CCA to make sure the debt is actually enforcable?

 

I called Cabot today and offered a F&F settlement of £700 for the outstanding £1800 and they tried to push it to £1k. I've declined and they are supposed to be getting back to me. But think I'm wise to hold off until I know about the CCA and then if no CCA I'll make a really cheeky offer of say 10% plus removal of the default.

 

Is there anything else I need to do?

 

I had 2 overdrafts with Natwest purely made up of charges which I reclaimed but they refuse to remove the default on my account. When questioning the date of the default I was told it was Jan 06 (correct) but that one default was issued to cover all four of my 'accounts'. (1 loan, 1 ccard, 2 overdrafts). Can they legally do this?? :confused::confused:

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Anyone any advice re my last thread? As time is ticking i really want to get letters in the post today.

 

I have drafted a letter to Natwest requesting the CCA's on all my accounts. I am also agreeing to part-settlement on my terms on the offers of goodwill so far.

 

Part settlement includes interest payable at 8% plus direct payment to me by cheque and not to my loan account/current account.

 

Does this sound good or should I hold off on the part settlement?

 

I've also told them that if they can't produce current CCA then they are in breach of the DPA by providing my details to Wescot and then withdrawing the account from them.

 

Just want to make sure that I'm doing the right thing by agreeing to part settle...:confused:

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Sorry me again! I have just drafted this letter to Natwest and wondered if someone could have a look and let me know if it's ok. Sorry for the long post:

 

I am writing in response to your letters dated 26 June 2008, 16 July 2008 and 6 August 2008 I relation to the above 3 PPI Policies with Natwest.

Credit Agreements

After seeking legal advice I now request a copy of the credit agreements in relation to all of the above Personal Loan and PPI Policies.

 

Under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £3.00 which represents the fee payable under the Consumer Credit Act.

 

According to this Consumer Credit Act a copy of these credit agreements should be supplied within 12 days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Offers of Goodwill

Again I refer to my letter dated 22 July 2008. After seeking legal advice I accept unconditional Part Settlements on these accounts. Until I receive my Credit Agreements I am unable to agree to a Full and Final Settlement.

I request that the following Part Settlement for your Offers of Goodwill are made payable to me direct by cheque and not credited against my loan account or refunded into my dormant/closed current account. This is money that I have been deprived the use of due to mis-selling of the PPI which has caused me financial issues with various organizations not just Natwest. It has also caused emotional stress and upset. I’ve been advised that it is therefore my money to distribute to creditors as I wish and Natwest cannot control access to this money.

I had a conversation with Stuart, Section Manager at Credit Management Services in Telford on 5 August 2008 to obtain the status of my accounts. He has advised me that you are aware that my current account is Dormant and I have subsequently requested full closure on this account. Stuart confirmed that when claiming against Natwest for a refund for PPI that the claimant can request how the money is refunded – company policy allows it to be refunded by cheque and it doesn’t have to be refunded against a loan account or into a current account.

In your letter dated 16 July 2008 you informed me that my Loan Account is in arrears by £3947.76. Once I have received the cheque for Part Settlement as per this letter and copies of all of my Credit Agreements then I will look into bringing these arrears to a zero balance.

I am also going to continue to claim for the statutory interest at 8% as again this is money that I have been deprived the use of whilst paying for PPI. If I referred this case to Court then any money payable to me would be in the form of a personal cheque and would include statutory interest at 8% (according to S69 of the County Court Act). It would also be highly in my favour as they would question why you have made Offers of Goodwill if there is no liability to be questioned, so I feel the claim for interest is justified.

I would accept unconditional Part Settlement as per below:

1 Payment Protection Insurance Policy –

Credit of PPI premium to Loan Account when PPI was cancelled: £2626.68

Refund of PPI paid to date: £2742.32

Refund a further amount to bring account in line with non-PPI account £2857.96

+ Claim of Statutory Interest at 8% APR on paid PPI amount (£2742.32) £943.10

TOTAL TO BE CREDITED/REFUNDED £9170.06

 

2 Payment Protection Insurance Policy -

Refund of PPI Paid £876.47

+ Claim of Statutory Interest at 8% APR on paid PPI amount (£876.47) £408.36

TOTAL TO BE REFUNDED £1284.83

3 Payment Protection Insurance Policy –

Advised in your letter of 16 July 2008 that you are still investigating this policy but I have still heard nothing as of today’s date. I look forward to your findings within the next 7 Days.

TOTAL TO DATE TO BE REFUNDED BY CHEQUE: £10,454.89

Wescot Credit Services

After communication with Wescot Credit Services on 11 August 2008 I have been informed that my Agreement with them in relation to my current personal loan has been withdrawn by ‘the client’ (namely NatWest) on 7 August 2008. Wescot have therefore advised me to cancel the monthly Standing Order to them with immediate effect as they are no longer managing this account.

If you are not able to supply me with a copy of my Credit Agreement in relation to this account then you have been in breach of the Data Protection Act by supplying my details to third parties without a Credit Agreement. If this is the case then I may have to inform the OFT, Trading Standards and the FSA of this breach

As this investigation has been ongoing since February 2008 I look forward to hearing from you within 12 days with copies of all of my Credit Agreements and a cheque to the sum of £10,454.89.

Does it look ok - any comments welcome!

thanks

:):confused:

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Well the CCA letter has gone to Natwest as per my previous post - see what they come up with!

 

Now I want to ask a 'what if' situation as I have also CCA'd other creditors including Cabot, CL Finance, Wescot and Natwest Credit Cards. I understand that I give them 12 + 2 Days for initial response and then wait for the 30 days to lapse. What if they don't respond - do I send the original letter again after the initial 12 or 30 Days??

 

What happens if they come back and say that they don't have the original Credit Agreement? I don't want to stop paying and start up all the letters/calls again so would be looking at offering full and final settlements. What is best to offer them in this situation - 10%??

 

I'm hoping they don't have the original agreements because if this is the case and 10% is acceptable then it looks like I could be debt free and will push for the defaults to be removed.:lol:

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I've had my first response back from my CCA requests - this is from Cabot who manage my Citi CCard.

 

When I called Cabot on Monday 11 August they told me the outstanding balance was £1804 and I wanted to find out a F&F settlement figure. I offered then £700 but they basic tried to push me to £1250 which I refused.

 

I sent the CCA Request off and they have replied today returning my £1 as they 'do not accept the statutory fee required...'.

 

They replied:

 

'The Cabot Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender'.

 

Am I right in thinking that Cabot actually needed to have the CCA in order to enforce the debt and make me pay? My payment schedule is now with Cabot not Citi.

 

Also they tell me in this letter that I currently owe £2554 and not the £1804 over the telephone!

 

Where do I stand or are they correct in applying for this from the original lender, Citi?

 

Thanks - any advice or letters that I can use would be most grateful:-)

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:confused:I've been using MyCallCredit to check my Credit Record but thought I'd also check Experian and Equifax.

 

I can't believe the difference -:

MyCallCredit: 7 Credit Accounts with 5 Defaults recorded

Experian: 12 Credit Accounts with 5 Defaults recorded

Equifax: 7 Credit Accounts with 1 Default recorded

 

I'm so confused, really need to print them off and cross-reference to find out what's going on.

 

Is this correct though that they can all have different accounts, status and credit ratings?

 

Whats the best way to get them all the same??

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