TMA v Natwest

[hellhasnofury]

Hello.

 

Just to add my 2p. I have seen many successful claims regarding reclaiming mis-sold ppi, this includes the ppi premium, ppi interest they put of top and the overall 8%interest from the date the ppi was taken to the date that you got it back.

 

These include cases, like myself, you got a result after sending prelim, lba and other letters. This includes complaints investigated by the fos who have awarded the 8% interest.

 

The main point of the arguement in refunding the statutory 8% interest or the interest rate at their contractual rate. (They may have applied 22.0% interest, so I believe what is good for them is good for us):grin:

 

Due to these companies mis-selling and applying ppi and interest, they have deprived you of having the use of the money over a period of time. They have used this more for more lending and made more profit from it:mad:selling more ppi. The resolution of the complaint is that they put you back in the position if you where before they mis-sold it to you:rolleyes:

 

Also the main point of all of this, is If you don't ask, you would get.

 

TMA had they not applied this ppi to your loan and credit card, you may have been in a better financial position/

Because of their endeavour for unjust enrichment, they really don't care if you can't make the payments. They don't lose out. They have ways of writing these debts off, selling it to a dca for a pittance and lose nothings.

 

Remember you are in this position because they put you there, They have contributed to your financial hardship. They have to take accountability for their irresponsible lending. The oft are about to conduct a investigation into irresponsible lending. It will be interesting to see the results

Edited September 27, 2008 by hellhasnofury

[alanalana]

:grin:Well posted hhnf,

 

Hello.

 

Just to add my 2p. ( this could be the total of my claim) I have seen many successful claims regarding reclaiming mis-sold ppi, this includes the ppi premium, ppi interest they put of top and the overall 8%interest from the date the ppi was taken to the date that you got it back.

 

These include cases, like myself, you got a result after sending prelim, lba and other letters. This includes complaints investigated by the fos who have awarded the 8% interest.

 

The main point of the arguement in refunding the statutory 8% interest or the interest rate at their contractual rate. (They may have applied 22.0% interest, so I believe what is good for them is good for us):grin: (Pat on back)

 

Due to these companies mis-selling and applying ppi and interest, they have deprived you of having the use of the money over a period of time. They have used this more for more lending and made more profit from it:evil:selling more ppi. The resolution of the complaint is that they put you back in the position if you where before they mis-sold it to you:rolleyes: (Bigger pat on back)

 

Also the main point of all of this, is If you don't ask, you would get.

 

TMA had they not applied this ppi to your loan and credit card, you may have been in a better financial position/

Because of their endeavour for unjust enrichment, they really don't care if you can't make the payments. They don't lose out. They have ways of writing these debts off, selling it to a dca for a pittance and lose nothings.

 

Remember you are in this position because they put you there, They have contributed to your financial hardship. They have to take accountability for their irresponsible lending. The oft are about to conduct a investigation into irresponsible lending. It will be interesting to see the results (Is this a gloves off fight:confused::grin:

 

Well said hhnf keep up the fight.

 

aa

[hellhasnofury]

:grin:Well posted hhnf,

 

 

 

Well said hhnf keep up the fight.

 

aa

 

:lol: Sorry but anything to do with the nw or rbs, I can't be responsible for the rants:D They have to take responsibility for what they do. They have turned a meek and mild customer into a raging HHNFury

~

[TMAngel]

Hi HHNF and AA

 

Both helpful as usual -thankx

 

Right then I don't want to give in and just accept their offers without a fight. At the end of the day they are not admitting mis-selling but in my eyes by offering gestures of goodwill so easy they might as well admit to it!!

 

This is my plan - what do you think?

 

I shall write back and accept their offers as Part-Settlement but shall state i am looking for contractual interest to also be paid and if they don't agree then I will look to the FOS and Court to make a claim for this interest.

 

When I send them my part settlement do I also send an LBA at the same time?

 

I just want them to know that I am serious and am not backing down easily, the money would be very nice in my bank now but I can wait a while!

 

Any help again would be great as I want to get this right and not mess up my chances of getting extra money. So any wording/legalities please throw my way!!

 

I'm still waiting for my CCA request to be answered for copies of CCA on my current loan and credit card. I've already told them that they are in breach and I can legally withold any more payments but still no response -mmm does this mean they don't have them on file? That would be good news for me because if I could Natwest off my back I could make them remove the Defaults due to no CCA and my credit file would be good again!

 

Thanks again TMA

[TMAngel]

I've drafted a letter to NatWest - could someone have a look and let me know what they think?

 

Further to your letter dated 17 September 2008 outlining your offer of goodwill refund of £876.47 in relation to the above PPI Policy.

I am still not happy with your response that you are not going to consider adding interest to the above amount. This is money that I paid out in PPI premiums and have been deprived of ever since.

 

You are well aware that I had been having financial difficulties and I do believe that if I hadn’t been paying the PPI elements of the loan then I would have been in a much better situation financially.

PART SETTLEMENT

I accept your offer of £876.47 in Part Settlement of my claim against PPI ******. I advise you that I shall be writing to the FOS to continue my claim for Interest repayment.

If the FOS uphold this complaint then I will be requesting Contractual and Statutory Interest to be rewarded and the refund will be as follows:

Refund of PPI: £876.47

Contractual Interest at 7.4%: £763.88

Statutory 8% Interest: £726.21

TOTAL TO BE REFUNDED: £2366.5

FULL AND FINAL SETTLEMENt

I am happy to accept Full and Final Settlement on the following conditions:

 

PPI Refund: £876.47

Contractual Interest at 7.4% APR £763.88 (calculated to 30/09/2008)

TOTAL TO BE REFUNDED: £1640.35

I have attached the interest schedule for your information.

If you feel that you are still unable to offer an interest repayment then I have no choice but to refer the matter to the FOS and/or Court to re-claim full PPI refund, contractual interest and 8% statutory interest payment.

Within the next 7 days I look forward to receiving a cheque for:

£1640.35 in Full and Final Settlement of PPI Claim ****

Or

£876.47 in Part Settlement of PPI Claim ****

 

Thanks!!

Edited September 30, 2008 by TMAngel
All 'fonts' removed!

[TMAngel]

SORRY x- Not sure how to paste the letter without all the 'font's etc.!!

 

If someone can tell me how to do it properly I'll upload again

[Fred_Funk]

TMAngel

 

If you're going to continue with your quest for interest then I think it'd be worth your while doing a little bit more research.

 

NatWest aren't going to roll over and cough up simply because you say...

 

You are well aware that I had been having financial difficulties and I do believe that if I hadn’t been paying the PPI elements of the loan then I would have been in a much better situation financially.

 

That's fine as far as it goes but you really need to add a little legal meat to the bones if you're going to maximise your chances of success. Use the search tool and spend a few hours looking at threads by other people in a similar position to you and you'll be amazed how much you learn.

 

What's more, you can't expect to get contractual and statutory interest - it's a case of either or. When a court awards statutory interest it does so to compensate for any financial hardship you may have endured - if you succeed in winning contractual interest then, clearly, you've already been compensated.

 

Best of luck!

Fred_Funk

[hellhasnofury]

I've drafted a letter to NatWest - could someone have a look and let me know what they think?

 

Further to your letter dated 17 September 2008 outlining your offer of goodwill refund of £876.47 in relation to the above PPI Policy.

 

I am still not happy with your response that you are not going to consider adding interest to the above amount. This is money that I paid out in PPI premiums and have been deprived of ever since.

 

You are well aware that I had been having financial difficulties and I do believe that if I hadn’t been paying the PPI elements of the loan then I would have been in a much better situation financially.

 

PART SETTLEMENT

 

I accept your offer of £876.47 in Part Settlement of my claim against PPI ******. I advise you that I shall be writing to the FOS to continue my claim for Interest repayment.

 

If the FOS uphold this complaint then I will be requesting Contractual and Statutory Interest to be rewarded and the refund will be as follows:

 

Refund of PPI: £876.47

Contractual Interest at 7.4%: £763.88

Statutory 8% Interest: £726.21

TOTAL TO BE REFUNDED: £2366.5

 

FULL AND FINAL SETTLEMENt

 

I am happy to accept Full and Final Settlement on the following conditions:

 

PPI Refund: £876.47

Contractual Interest at 7.4% APR £763.88 (calculated to 30/09/2008)

TOTAL TO BE REFUNDED: £1640.35

 

I have attached the interest schedule for your information.

 

If you feel that you are still unable to offer an interest repayment then I have no choice but to refer the matter to the FOS and/or Court to re-claim full PPI refund, contractual interest and 8% statutory interest payment.

 

Within the next 7 days I look forward to receiving a cheque for:

 

£1640.35 in Full and Final Settlement of PPI Claim ****

Or

£876.47 in Part Settlement of PPI Claim ****

 

 

Thanks!!

 

Hello TMA

 

See you managed to remove the fonts:grin: well done.

 

Fred Funk is indeed correct that you cannot ask for contractual and statutory interest together.

 

Contractual interest is their interest rate(apr) they applied to the loan. You actually have a relative low rate at 7.4%

 

Statutory 8% interest is the interest rate a court would allow is you win your claim.

 

I would ask for the 8%interest

 

Regarding the letter it could do with a bit more amo,

 

Possibly something like this, don't forget this is just off the top of my head and it is very early:D

 

Dear

 

Account no

 

Thank your for your letter dated blabh blah,outling your proposal for resolvement of my complaint regarding the mis-selling of ppi on the above accounts.

 

On the (date), I sent your company a section 77/78 reguest under the consumer credit act 1974 for a true copy of the credit agreements pertaining to the above account. This request has not been forthcoming and I must now inform you as from (date) your company is in serious breach of the cca 1974. This breach will be reported to the appropriate enforcement authorites

 

I am happy to accept your goodwill gesture of xxxxx as part settlement, but require 8% statutory interest to be added, to resolve my complaint. These are monies I have been deprived of over a period of years and thus contributed to my financial hardship. This will return me to the financial position prior to your company mis-selling and applying these extortionate payment protection insurance to the above loans, for its unjust enrichment.

 

Put your figures here,

Refund of PPI: £876.47

Statutory 8% Interest: £726.21

TOTAL TO BE REFUNDED: £

 

etc etc

 

As you are no doubt aware the finanial Ombudman Service is continuing to investigate my complaint regarding this matter and I am happy to wait for the fos to conclude its investigation of my complaint to them regarding these issues.

 

I await your response within 14days.

[TMAngel]

Thanks everyone especially hell

 

As you know Natwest have offered PPI refund on two old loans offering me £876 and £784.

 

After reading some of the other threads I really don't hold out much hope that they are going to give in and add the contractual or stat interest on these 2 loans so think I am going to accept their goodwill offers.

 

I know it seems like I'm folding but I don't really want to wait 6-9 months for the FOS to decide if I should get the interest as well. Plus I don't think Natwest will forward a cheque for part-settlement, I think they will just await the final outcome from the FOS and make me wait months for any payout.

 

The 2 refunds come to over £1660 which will pay off 2 other debts - leaving me with Natwest Current Loan and Credit Card. So it might actually do my credit file some good!

 

My Current Loan is/was managed by Wescot and they have offered PPI refund etc on this one but I shall hold fire and not accept for the time being. They still have not responded to my CCA request so the account is in default - I'm hoping that they don't have a CCA and then I will try and get the amount they are refunding as full and final settlement on the account (if this is possible?!)

 

Still no CCA for my Credit Card either and I'm also waiting for a list of charges. So I still have a fight on my hands and am hoping to get small F&F settlements accepted on the basis of no CCA.

 

If this does happen then I will be debt free for the first time in years and hopefully my credit rating will increase.

 

For info: My 2 other debts are with CL Finance and Cabot. Cabot have put the account on hold because they haven't yet been able to produce a CCA. CL Finance have sent a CCA but I do need someone to have a look and see if it's valid before I offer a F&F settlement - it's in my other threat CL Finance - Debenhams

 

I shall be back again when I get a response from Natwest re the CCA's but if anyone thinks I am doing the wrong thing by accepting them please let me know before the acceptance goes in the post tomorrow!!

 

TMA

[hellhasnofury]

Thanks everyone especially hell

 

As you know NatWest have offered PPI refund on two old loans offering me £876 and £784.

 

After reading some of the other threads I really don't hold out much hope that they are going to give in and add the contractual or stat interest on these 2 loans so think I am going to accept their goodwill offers.

 

I know it seems like I'm folding but I don't really want to wait 6-9 months for the FOS to decide if I should get the interest as well. Plus I don't think Natwest will forward a cheque for part-settlement, I think they will just await the final outcome from the FOS and make me wait months for any payout.

 

The 2 refunds come to over £1660 which will pay off 2 other debts - leaving me with Natwest Current Loan and Credit Card. So it might actually do my credit file some good!

 

My Current Loan is/was managed by Wescot and they have offered PPI refund etc on this one but I shall hold fire and not accept for the time being. They still have not responded to my CCA request so the account is in default - I'm hoping that they don't have a CCA and then I will try and get the amount they are refunding as full and final settlement on the account (if this is possible?!)

 

Still no CCA for my Credit Card either and I'm also waiting for a list of charges. So I still have a fight on my hands and am hoping to get small F&F settlements accepted on the basis of no CCA.

 

If this does happen then I will be debt free for the first time in years and hopefully my credit rating will increase.

 

For info: My 2 other debts are with CL Finance and Cabot. Cabot have put the account on hold because they haven't yet been able to produce a CCA. CL Finance have sent a CCA but I do need someone to have a look and see if it's valid before I offer a F&F settlement - it's in my other threat CL Finance - Debenhams

 

I shall be back again when I get a response from Natwest re the CCA's but if anyone thinks I am doing the wrong thing by accepting them please let me know before the acceptance goes in the post tomorrow!!

 

TMA

 

Hello TMA,

 

You are more than welcome, I do understand where you are coming from regarding the length of time you may have to wait for the fos to investigate and them to payout.

 

Please don't forget that this is your claim, and your settlement and your choice to accept it or reject:-D

 

If you are happy to accept it, just accept it, but please be mindful if they are in breach of the ca for the last loan, you have the upperhand with them:D and you can open up a can of worms with them:-D

 

Have a good think of what you want to do. Open up the can of worms.

 

Or accept their goodwill gestures, and then open up the can of worms:-D

[TMAngel]

Hi hell

 

I will think about it tonight but at the moment I am moving towards accepting their 2 offers but will hold off my decision on their 3rd offer until they produce a CCA.

 

They have already admitted that they don't have a CCA for the loan relating to the £876 refund which completed in Feb 2003.

 

If they don't produce a CCA for the Current Loan and Credit Card then I shall come back for advice on opening that can of worm's!!

 

Whilst writing this I was just thinking - if I wait until the CCA result before accepting their 2 offers does this put me in a better position for the interest on all 3?

 

mmm think I'll have a ponder on this over a glass or two of wine tonight!

[TMAngel]

On Saturday I finally received a response with regards to my CCA request for the Natwest Credit Card.

 

I received a letter which stated the following:

 

'We are obliged to provide your client with a 'true' copy of the Credit Agreement and a statement of financial iformation relating to your clients account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be paid. In terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement. I have enclosed the S78(1) information.'

 

They enclosed:

* What they call my CCA - which has basically been 'created' from the info that they have. It is not the original CCA because it has no date, no signature and the address is my current address not the address that I was at when I took out the credit card!

* A copy of their current T&C's

* Statement of Account dated 28 August. The first one that i have seen since Wescot took control. This is also funny because they have my old address on this document!

 

So it looks like they have no original CCA on file and I take it that it's good news for me?

 

What do I do now? I understand that they have to provide the original CCA for this debt to be enforceable but I have been paying Wescot a monthly sum for nearly 2 years and they have provided a statement of account - can they still claim this is an enforceable debt without a valid CCA?

 

What's the next step to get a F&F settlement and rid of this debt?

 

Thanks again!

TMA

[alanalana]

Hello TM,

 

Please check out this link it may help you out..

 

Is My Agreement Enforceable - Useful

 

aa

[TMAngel]

Thanks aa

 

I'll have a read of this link but my concern is that Natwest have 'created' a CCA and not provided a copy of the original agreement - not sure if this then becomes enforceable.

 

But I'll have a look through the threads and see what I can find

 

TMA:)

[alanalana]

Hello TM,

 

I'll have a read of this link but my concern is that NatWest have 'created' a CCA and not provided a copy of the original agreement - not sure if this then becomes enforceable.

 

If it is creation and not a copy of the original then on no account could it be classed as enforceable. Remember if they go to Court then they must produce the original document or comply with the Civil Evidence Act 1995 then you will have a time getting them to produce the goods.

 

If you need more on the CEA1995 just shout.

 

aa

[hellhasnofury]

Hello TM,

 

 

 

If it is creation and not a copy of the original then on no account could it be classed as enforceable. Remember if they go to Court then they must produce the original document or comply with the Civil Evidence Act 1995 then you will have a time getting them to produce the goods.

 

If you need more on the CEA1995 just shout.

 

aa

 

I do believe they have complied to your section 77/78 request, but to make this enforceable they have to come up with the true original copy in court.

 

AA can you give us more info onthe above please,

 

Thanks

[alanalana]

TM and HHNF,

 

happy to oblige,

 

Please see this post...

 

Hello all,

 

This may be useful if have to proceed to court and a COPY of the CCA is going to be produced.

 

Results within legislation - Statute Law Database

 

There is also information in Draft Order for Directions

 

Draft order for directions - including directions for disclosure

 

The general gist is as follows para e onwards is the legal requirement:

 

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

 

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

 

For a loan or hire purchase agreement

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);

(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

For a credit card

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the state of the account,

(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and

(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

 

General

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

 

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

 

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

hope this is of use:-)

 

aa

 

Civil Evidence Act 1995 (c. 3:cool:

 

 

 

from this link...

Is My Agreement Enforceable - Useful It's in the Debt Collection Industry Forum and a lot of other good stuff in there too.

 

aa

[TMAngel]

Thanks both - again!

 

I've managed to scan in the documents that Natwest sent me in response of my CCA request for my Credit Card.

 

This is not a copy of the original CCA and it has no signatures on there. I don't understand how it can actually be enforceable as this could be created by anybody?

 

I'm hoping to find a way that is is unenforceable so that I can offer a F&F settlement based on this.

 

I'm not looking at taking them to court but just want to settle some debts. I've looked through some of the threads but am getting so confused by all the info (doesn't take much at the moment because work is so busy!!)

 

Here are the links:

 

http://i391.photobucket.com/albums/oo354/TinaP26/scan0001.jpg

http://i391.photobucket.com/albums/oo354/TinaP26/scan0002.jpg

http://i391.photobucket.com/albums/oo354/TinaP26/scan0003.jpg

http://i391.photobucket.com/albums/oo354/TinaP26/scan0004.jpg

http://i391.photobucket.com/albums/oo354/TinaP26/scan0005.jpg

 

Thanks!

TMA:)

[TMAngel]

Hi is there anyone around to have a quick look at my last posting. What I had in response of my CCA request from Natwest for the Credit Card Debt.

 

Any ideas of what letter I send back requesting a true copy of my original agreement not a 'created' version.

 

My aim is to hopefully get a letter from them stating they do not have a 'true copy of the original agreement' which would then make it unenforceable so I can offer a very low F&F. But I need some advice from experienced CAG'rs and legal bits for the letter.:grin:

 

Thanks

TMA

[TMAngel]

I've got a long thread going in the PPI section about my battle with Natwest but thought I'd pop over here for advice on the so called CCA that Natwest have sent.

 

It's for my Credit Card which I pay monthly through Wescot. They haven't sent a 'copy' of the original signed CCA but have sent a 'created' version instead.

 

It's definitely not the original because it has my new address on and there are no signatures, dates etc.

 

So where do I stand now? I'm not trying to dispute the debt just trying to get myself into a better position to offer them a F&F settlement.

 

Can they enforce this by using the created CCA they have provided? If not what shall I write back to them?

 

Thanks

TMA

[42man]

If they don't have an agreement with your signatue on then completely unenforceable....and bear in mind you can dispute the debt at any stage...especially as you know more about your rights now....

[TMAngel]

Thought so!

 

By supplying me with this are they actually entitled to send this in response to my CCA request under section 77/78?

 

The only issue is that they have also provided a statement of account which shows I've been paying Wescot monthly for nearly 2 years.

 

But should they have referred it to Wescot if there was no CCA and should they have defaulted me??

 

Can you point me to a good letter with some legal jargon please...

 

Thanks!

[42man]

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

[2Grumpy]

They can't enforce a debt with a reconstructed CCA but they might try to get heavy.

 

They will probably be quite insistent that they have satisfied the CCA request. Having sent one CCA, I'm not sure that they could take you to court if they found the original and that proved to differ materially from what they sent you.

 

After they sent me a copy of what looks like one of the pieces of card that they send with a credit card attached, they say that I must make payment!

 

I think that asking for money based on that document sounds almost like fraud - as they haven't suppplied anything like a CCA so the account remains in dispute.

[TMAngel]

Serious Data Protection issue - Natwest

 

Update regarding my outstanding Personal Loan with Natwest. I made a CCA request and they have just responded today (request made 29 August!).

 

Natwest forward to me a covering letter which states: Under Section 77 there is no obligation for the Bank to provide you with a copy of the original agreement bearing your signature. A true copy does not need to contact any persoal info relating to you as the debtor nor does it need to include a signature box or dates of signatures'

 

Well well - what they have sent is obviously a copy of the loan document but not the original copy with any signatures on there. What do I do now then as they obviously don't have the original document?

 

Also attached with the letter and agreement is a schedule of arrears - WHICH RELATES TO A DIFFERENT CUSTOMER!! It gives me the other customers name, full address, account number and sort code!!

 

Then goes on to list date of loan, amount of loan, installments and current balance. Then a list of missed payments -signed and dated at the bottom by a Natwest employee!

 

So taking the DPA into account I now have full account details relating to someone who lives in Doncaster - millions of miles away from me. Naughty naughty - I'm sure the FOS, FAS would like to know about this.

 

Obviously this is disgusting but I'm also now wondering who actually has my Schedule of Arrears which would also include my address, account number and sort code?

 

So two issues - any advice on what to do because this is quite a serious issue in my eyes!

 

Thanks!!

 

TMA