I have an unenforceable loan - but company still say they can default me?

[newward]

I have a loan, which is unenforceable. I did a SAR for my CCA, and Natwest replied firstly with just a list of payments due to be made for the rest of the loan, the amount I took out, the date. But, NO APR, NO PPI amounts etc. I wrote back to say that this was unacceptable, and that I wish to see a signed copy of my credit agreement, with all of these details. They then write back to tell me that they have "misfiled and cannot locate my credit agreement". I write back, using templates provided on this website, and some others, informing them that I am refusing to pay this loan anymore,I want a full refund of any amounts paid to date and to return my account back to zero. I receive a letter from them on xmas eve?!, to inform me that under s.77 (4) of CCA, that they would be unable to take steps to recover the debt via court, they would register me as a default with the credit reference agencies.

 

Can anyone offer me some advice. I have sent a mail to Experian to check whether Natwest are legally able to default me on agreement which is legally unenforceable? I have opened a new bank account with another bank, and I am prepared to not make another payment on this loan - why should I..

 

Should I raise this matter to FOS, should I speak to CCCS, or my local CAB- or should I speak to a solicitor to take the matter up on my behalf ? I am hesitant to do this, because I have as come as far as this stage, with the help of some of the very helpful people on this website, and my own determination and persistence in writing letters and making phone calls.

 

any advice appreciated.

[XXXMKP]

I have similar situ with RBS card. They accept the agreement is unenforceable but will register default! I have been advised that this is how these matters rest!, however, if you find a way to get them to remove default, would appreciate assistance. Good Luck.

[newward]

Hiya, I am working quite hard on this at the moment. I dont believe they can actually default you, whilst the account is in dispute. I believe that under a technicality for me, as they dont have my agreement, they cannot produce evidence to default me. I think you'll find something on the information commissioners website. I have also escalated mine to the FOS, and have sent the most sternest of letters to the company, quoting various parts of CCA 1974, together with their failures under Data protection Act 1998.. for losing my agreement, and continuing to process my data, even though they have no agreement - I have requested all payments back, and compensation. I have ongoing queries for my PPI as well. Keep it going. best of luck with yours

[lickthewallfatboy]

I personally think that ultimately these things need to be put in front of a judge to decide.....

[scampy]

Hi All

 

Yes the sooner you claim for damages in front of a judge the sooner you will getthe damages and the default removed, we all need to go on the front foot and fill out the N1 court claim.

 

How to do it is made simple by the excellent stickies, threds and templates on this forum.

 

I have done so and will update asap.

[newward]

the letter has been sent off to the bank, asking for compensation, cancellation of loan, and repayment of all payments made so far. I have also sent a copy and a complaint form to FOS. I have an appointment with my local CAB next week.. I heard of something call PRO-BONO, where the CAB can act on your behalf or something like that. I will certainly look at the N1 form as well. This is a fight that I refuse to concede on. good luck with your case scampy.

[AA99]

Hello Newward, I have a few cases going on myself and have much sympathy with your postings. It really does seem like the so-called banking authorities are playing the old-boy game of adjusting the rules to suit themselves. I sincerely hope that with a little help from my CAGGER alibis and friends on here that I can fight them back with their bullish costly moves ! Take heart, as my Granny used to say, it's only money

[Jamesx81x]

If you complain before the date they default you and put the account in dispute they cannot add the default to your credit file. If they do then they are in breach of the Data Protection Act.

 

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if

• ·you have fallen behind with your payments;
  
• ·the amount owed is not being disputed; and
  
• ·you have not made proposals we are satisfied with for repaying your debt, following our formal demand
  

If they sign up to the banking code then they are legally contracted to abide by its obligations enforced by bothe the FSA and Banking Code Standards Board.

 

If you use all this in court i dont see how they can legally defend themselfs on the default issue part as they have breached every condition they subscribe to including the Data Protection Act.

[postggj]

well put james

 

if you request your cca

they cant produce one or its crap

the account is in dispute.

no enforcement action can be taken, including defaults

you need to be tough on this one

 

they cant do nothing until you get a full and final response from there complaints dept giving you the optio to take it to the fos for instance

 

how many of our dca friends ignore that though

you need to stand your ground

 

i must stress

the account needs to be in dispute before a default is issued

 

after that its either court or ico

[postggj]

well put james

 

if you request your cca

they cant produce one or its crap

the account is in dispute.

no enforcement action can be taken, including defaults

you need to be tough on this one

 

they cant do nothing until you get a full and final response from there complaints dept giving you the optio to take it to the fos for instance

 

how many of our dca friends ignore that though

you need to stand your ground

 

i must stress

the account needs to be in dispute before a default is issued

 

after that its either court or Information Commissioners Office

[newward]

Hi James, thank you for this. I sent my letter to the FOS last week. I am at the stage, where this month will be the first time I haven't paid an installment on my loan. I have opened a new bank account- wages getting paid into that one. I sent the bank, a letter last week recorded deliver informing them of my rights under CCA and data protection acts..and that as far as I was concerned, I am entitled to monies paid under the loan, the loan returned to 0, and I want compensation. Given that I sent my form to the FOS before I have even missed a payment, let alone default, should sway in my favour, eh?

[postggj]

have they defaulted you yet

you did the right thing opening a parachute bank account

you may find it hard getting your payments back

its called unjust enrichment

you had the benefit of the loan

again you did the right thing informing them of not making a payment

if they have not produced a valid cca in 12 plus 2 days you are entitled

 

a word of warning though

 

a default might be registered though unlawful

computers do it automatic

they are a swine to get removed and court or ico may be needed to get them removed

 

do you want to spend say six months getting them removed

[newward]

no default, as I haven't missed a payment yet, until I don't make this months. But like the other poster says..if you have made your complaint early enough, then they may have a bit of a hard time making it stick. At the end of of day, i am not looking to move house or anything in the next year or so.. no one can credit or anything etc.. so if a default is on my file, I will write to all the credit reference agencies, to raise an objection, and just keep sending letters to the bank, FOS,and the information commissioner..as I pointed out in my various letters. I have checked with my mortgage company, and although the underwriters of my mortgage will see a default possibly, when they help me to re-mortgage in about 18 months, they are more concerned about my history with them, which so far has been perfect.

[postggj]

you will prob find your credit cards/overdraft will be reduced to 500 quid

[newward]

Hello Newward, I have a few cases going on myself and have much sympathy with your postings. It really does seem like the so-called banking authorities are playing the old-boy game of adjusting the rules to suit themselves. I sincerely hope that with a little help from my CAGGER alibis and friends on here that I can fight them back with their bullish costly moves ! Take heart, as my Granny used to say, it's only money

 

good luck with your quest's to.. you know what I really like about this site, is like it feels like a community. I use money saving expert as well, and although there are some wonderfully knowledgeable people on there, there are many people that are some people that are incredibly judgmental and downright rude..

[newward]

you will prob find your credit cards/overdraft will be reduced to 500 quid

I reduced my overdraft from like 5k, down to that amount anyway.. and my store cards, already seen one reduced by 1k already.. but I can pay that off in the next 6 mths.. my loan and PPI reclaim is the one I am concentrating on.

[postggj]

we dont judge on cag

we give advice where we can no matter what the problem

[postggj]

go for it and good luck

[newward]

exactly, thats what is great about this site. Lots of people in unison..

[Hopster]

I have an old loan with LLoyds TSB, this was originally an AMEX C/C Account which Lloyds took aver on a no interst repayment scheme. I hace CCa'd them and they have no records at all going back further than six years. I have SAR'd them paying £10 for all information on me. They have provided nothing and that was a month ago at least.

They have now handed the account to APEX Credit Management of Stratford-on-Avon who have sent to me a very nasty letter. I have given them the background but they are going ahead to reclaim monies for Lloyds. I think that they are wrong to undertake thisd assignment form Lloyds as I am thinking that I should have the debt (which apparently cannot be proven) written off and payments made to date refunded to me. What do the experts think ? Please .

[lickthewallfatboy]

you need to start your own thread

[Hopster]

How do I do that please ?

[AA99]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/

 

Click on New Thread button when you get there and put your heading Hopster v Lloyds and state your case and you will get answers. We're all with you