Nat West Pain.

[overdone]

On 18 September I sent a cca request to Nat West. I know they cashed the one pound P Order because they took it off the outstanding balance.

I have had the same letter now twice, First dated 20 October 2008 and second dated 15 December 2008. Am typing it only once though.

 

Dear Overdone,

Balance £9,987.0x

 

I am disappointed to note that you have failed to comply with our agreement.

 

Unless I receive an immediate payment to your account and regular payments thereafter, as arranged, I will have no alternative but to place your account in the hands of external debt collecting agents without prior warning.

 

If a money advisor is assisting you, you should bring this letter to their attention.

 

If you have made the required payment within the last five days, please ignore this letter.

 

Yours sincerely,

D L Munn

 

and.....identical behavior here.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168349-style-fin-services-universa.html

Edited December 19, 2008 by overdone
clarity

[DocH]

You might want to throw this at them then - amended to suit your circumstances:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letters of xx/xx/xx and xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

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 your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as 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.

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[overdone]

Brilliant! Just what I am looking for. Will individually tailor it. 27th December sent RD.

Edited January 5, 2009 by overdone
update

[overdone]

29 December 2008

 

Dear Overdone

 

As you have failed to respond to the banks previous demands, we have no alternative but to commence further proceedings for the recovery of the outstanding balance.

 

We would urge you to call this office immediately on 0870 xxx xxxx in order to resolve this matter.

 

Failure to do so may result in your account being transferred to external debt collecting agents without further warning or delay.

 

If you have recently increased your payments or made contact with us, please disregard this letter.

Yours sincerely

 

D L Munn

Edited January 5, 2009 by overdone

[womble72]

They will ignore your requests and they just dont care.

 

Wait until they throw a court summonds at you and then they wil have no choice but to comply but i wouldnt hold my breath they will.

 

Is it a loan or a overdraft ?

 

Kind Regards

 

Womble

[overdone]

l.

 

Is it a loan or a overdraft ?

 

Credit card

[womble72]

So they cant find your signed agreement then ?

[overdone]

Dear Overdone,

 

Re Acc xxxxxNat west

Bal £9xxx.xx

 

Regarding your recent letter concerning the Banks allege breach of the CCA act, I would advise you of the following.

 

Any request for a copy of an executed agreement under s78(1) states that the company must meet it's statuary requirements by providing a true copy of the agreement relevant to the card product at the date the card agreement was made and providing that plus a copy of the current terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.

 

The provision of the true copy in this form is made in reliance of regulations 3(2) and 7(1) (b) of the consumer credit (Cancellation notices and copies of documents) regulations 1983. Particularly3(2) which permits the copy agreement not to show signatures or personal details that may have appeared on the application part of a document. There is no statutory requirement under the act for us to ever give a copy to a customer with a signature on it.

 

As we have supplied a copy of the original and current terms and conditions of that card product, with the prescribed terms or agreement which was sent with your card, upon signing the card you signed up to the agreement as set out. Also, sent were a most recent statement showing the outstanding balance and advised you who to contact to discuss amounts due and owing, and future payments that must be paid. We have therefor met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the regulations expressly made for controlling what is a "true copy".

 

I suggest that you take advice from your local CAB or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).

 

I must therefore inform you that we see no reason to enter into further correspondence with you about the alleged cca breaches you lay at our door. If you are not satisfied with this response, you may seek whatever legal redress you consider is open to you.

 

We do not consider this account to be in dispute or void and your indebtedness on this account remains due and payable and we will be pursuing for the full repayment. The default on your credit will remain for 6 years from date of registration.

 

I trust this clarifies matters for you.

 

Yours sincerely

 

H E Bower

Edited January 9, 2009 by overdone
Wiped in error

[Fuzzgin]

They been reading fairy tales again?

[overdone]

"As we have supplied a copy of the original and current terms and conditions of that card product, with the prescribed terms or agreement which was sent with your card, upon signing the card you signed up to the agreement as set out. Also, sent were a most recent statement showing the outstanding balance and advised you who to contact to discuss amounts due and owing, and future payments that must be paid. We have therefor met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the regulations expressly made for controlling what is a "true copy".

 

What I don't understand is whether they are saying a copy sent out ten years ago does the job along with a recent statement, or if they are saying, we have sent you recently,what we think is a CCA. I have not received it.

[womble72]

The bottom line is that they cant find your orginal paperwork (just like mine) but happy to take you on in court (just like me).

I am concerned that they would think the judge will side with them because at the end of the day you borrowed that money.

If there is a true agreement or not !

Now if you follow my thread i will let you know what will happen on the 9th March because my case will be the one which decides if the Natwest can force the issue of what i do owe them (with or without a true copy)

They seem to be making a habit of finding nobodys paperwork at the moment.

So hang in there and see what happens because i am like you i wont let them get away with throwing unfair charges and made up interest rates and a bogus true copy !

As what scabhunter as already quoted on here "it is down to the judge"

Sorry for sounding off but there seems to be a pattern of the Natwest lazy attempts to sue people without the correct paperwork.

[overdone]

what about this as a letter?

 

Dear Sirs,

 

I am concerned about your recent letter of 07 January 2009.

 

You state that you have supplied a copy of the original and current terms and conditions of a card product, with the prescribed terms or agreement allegedly sent with a card acount.

 

I am afraid to say that I have not received the above since my CCA request of 18 September 2008 and they may have been lost in the post. Would you therefore be kind enough to resend them?

 

Yours sincerely

Overdone.

Edited January 9, 2009 by overdone
add date

[overdone]

Storing this here in case I need it.

 

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxx

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Number xxxxxx

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully

[overdone]

The letter in post 12 got sent today R D because I have not even had something to pass itself off as a cca, which is normal practice when they are stuffed. It may be they sent something but I aint had anything so I hope they resend something. Then I can post it on here for people to pull to pieces.

Edited January 9, 2009 by overdone
add comment

[overdone]

TRITON Credit Services.

 

Payment Demand.

 

Dear Overdone,

 

National Westminster Bank PLC has placed your account with us for immediate collection.

 

We have been appointed on their behalf and to avoid further action you are requested to forward a cheque for the full amount by return to the address quoted above. This should be made payable to Triton Credit Services, ensuring that your reference number is printed on the reverse.

 

Alternatively, payment can be made by contacting this office on 020 xxx xxx and using a debit or credit card.

 

If, for any reason you are unable to make this payment by return, you must telephone this office immediately.

 

Yours sincerely

 

For Triton Credit Services

[womble72]

Blimey how many dca do Crapwest use.

 

I had two letters for my wife on Friday from Apex demanding money.

 

I am writing to them tomorrow stating it is in court procedings so why are they bothering.

 

Tell Triton the account is in dispute.

 

They will ignore it but send a letter anyway via recorded.

Also a copy to crapwest.

[overdone]

They replied to my letter with these.

 

natwestletter1 picture by overdone1 - Photobucket

 

natwestcca picture by overdone1 - Photobucket

 

natwestt&c picture by overdone1 - Photobucket

 

 

Not much considering their boasting and moaning winge in post 8.

Edited February 16, 2009 by overdone
correction

[davey77]

They replied to my letter with these.

 

natwestletter1 picture by overdone1 - Photobucket

 

natwestcca picture by overdone1 - Photobucket

 

natwestt&c picture by overdone1 - Photobucket

 

 

Not much considering their boasting and moaning winge in post 13.

 

Well, no original properly executed and signed credit agreement there. I think you should consider PT's CPR 31.16 route now myself Overdone.

[olliepup]

I'm in a similar position to you with Natwest, Triton got onto me 3 years ago, then Natwest got back onto me, so CCA'd them, to which i got the same letters as you, then Triton got back onto me, told them account was in dispute, so they passed it back to Natwest, then Wescot got involved, told them account in dispute, they have now asked me to send a pound to RBS for CCA request.

 

God knows whats going on, but i haven't payed them a penny in 3 years.

 

I'll see what happens.

 

Good luck!

[overdone]

RBS? are they Nat West?

[cadencealex]

RBS? are they Nat West?

 

 

Yes they are

[olliepup]

Yeah Natwest are owned by RBS now.

 

Just to confuse things.

[overdone]

Triton Credit Services.

 

11 February 2009

 

Creditor Nat West Bank

Amount due. £9,986.xx

 

URGENT ACTION REQUIRED.

 

Dear Overdone,

 

We refer to our previous correspondence concerning your outstanding obligations above.

 

We are disappointed to note that you have failed to make a payment or satisfactory repayment proposals.

 

We therefor have no alternative but to consider further action to obtain repayment of this debt.

 

It may be appropriate to request that a debt recovery agent call on you to discuss and agree proposals for repayment.

 

We would prefer not to take this action and therefor request that you contact this office on 020 xxx xxx immediately to discuss the outstanding amount.

 

yours sincerely,

 

For Triton Credit Services.

[olliepup]

I've had this one a few times, it's a standard letter.

 

Did you CCA them?

 

I'm still buggering about with Wescot after Triton passed it on.

[overdone]

I've had this one a few times, it's a standard letter.

 

Did you CCA them?

 

Post 8 and post 17 show what Nat West think of a valid CCA.