Natwest Have Lost My Credit Agreement - ADVISE NEEDED

[Titney]

I have received a response from Natwest today following my CPR request letter, they basically say they have nothing to add to thier final response letter sent previously & they will await contact from the financial ombudsman or from me to arrange repayments

[davey77]

I take it that was the first CPR letter? In which case i would send number 2 with a sentence stating that their refusal to comply with the first CPR request has been duly noted and shall be pointed out to the Judge should it become necessary for you to ask for an Order for Disclosure.

 

Have you had any feedback from TS?

 

If the CAB have backed you up that payments are not required under these circumstances then perhaps they can write to the creditor on your behalf stating the same. It all helps.

[davey77]

Any progress titney?

[newward]

anymore on this?

[Titney]

Hi All

 

Sorry for the delay since my last post, I have been busy getting married

 

A year on & this matter is still yet to be laid to rest. After various correspondance & telephone conversations with a seemingly reasonable gentleman at the financial ombundsman office last year, he resolved that I should have to pay any money back that Natwest demand inspite of the lack of a credit agreement, because I was not denying having benefited from the loan, even though I explained that I did not agree the amounts & according to my calucalations (in the absence of a credit agreement) had actually already repaid the whole amount plus interest. Of course I did not agree with his comments, however I did not hear anything further from Natwest for a few months. In October last year however I received a letter from Wescot credit services on behalf of Natwest making a demand for a new random amount of money that doesnt appear to bear any resemblance to any of the other figures that have been batted about by Natwest. I wrote back to them requesting a copy of the credit agreement (knowing full well that they wouldnt be able to provide it due to Natwests filing faux pas) in response I received a copy of a load of bank statements from an old account that I had with Natwest at the time I hade the loan. I am now writing back to Wescot with a full official CCA request this should give them the message that I mean business & im not going to be intimidated into paying them by a bunch of old statements.

 

I suppose its than just a case of awaiting their reply as to wether they give up or proceed to bully with demands, as Im pretty sure by now that Natwest arent going to produce a copy of any credit agreement !

 

Anyway if anyone has any advise or have experienced anything similar & are further along with it, I would really appreciate your advise/comments.

 

Cheers

 

Mrs Titney

[foxyflugel]

Hi - similar situation with RBS. MY OH had a loan with them and something is very wrong with it indeed. Like you, paying back for years and I called Triton(where it is now) and they said that just under £4k owed. Sent them a CCA request - this is where it differs from yours - and today received a letter saying that because the account is now paid in full and closed that they are not obliged to comply with my request and returned my postal order for £1!!!! Natwest and RBS are one and the same - look at my post RBS loan mystery - this will explain these random figures more clearly.

[Titney]

Thanks for your post Foxy it was some interesting reading, it really does seem that Natwests loan administration is a right old mess !!

 

I have something new to add now, I applied for my credit reports online last week & noticed that Westcom appear on my previous searches twice, once in Oct 09 & again in Jan 10 ? They cant place a default on my credit file because there is already one on there for this account !! The only thing I can think of is that they want to see if I have placed any notice of correction on the file (which I have). Anyone else have any idea what they might be up to ?

[IainHL]

Collections departments/DCAs will perform searches on your credit report to get a feel for your general financial position. Of course without a signed credit agreement they have absolutely no authority to perform any such search at all! You may wish to write to them pointing this out and instructing them not to perform any further searches. They will probably ignore you.

 

Are these showing as "unrecorded enquiry"? If so your crumb of comfort on this is that these don't count adversely against you, and aren't revealed to anyone else searching your file.

Edited February 17, 2010 by IainHL
DCAs not CRAs

[Titney]

Are these showing as "unrecorded enquiry"? If so your crumb of comfort on this is that these don't count adversely against you, and aren't revealed to anyone else searching your file.

 

They are showing under credit searches with the reason for search as Outstanding Debt !!!

[IainHL]

They are showing under credit searches with the reason for search as Outstanding Debt !!!

In that case I would be contacting the CRAs to dispute the entries, informing them that the bank have acknowledged that they do not have the credit agreement. It will be interesting to see how they respond to that.

[Titney]

Ok, so Wescots response to my CCA request was to send my £1.00 fee back with a letter stating that they are acting on behalf of their client Natwest & that I need to make the CCA request from Natwest and that I have 14 days to pay them in full, lol !

 

I have drafted the following letter;

 

Further to your letter dated 16th February 2010.

 

I have attached for your information a letter received from your client Natwest in January 2009, as you can see from their letter they are unable to provide an agreement for the loan & also admit that they have insufficient records of the setting up of the loan to be able to recreate the agreement with any degree of certainty. They also go on to say that they are unable to enforce repayment of the loan.

 

As I have already advised your client, after consideration of their correspondence & seeking advice from various third parties I have taken the position that I am unwilling to make any further repayments without a credit agreement to substantiate the balance requested, including evidence of the interest rate applied & any payment protection insurance which may have been applied to loan.

 

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 your client should;

 

· not demand any payment on the account, nor am I obliged to offer any payment.

· not add further interest or any charges to the account.

· not pass the account to a third party.

· not register any information in respect of the account with any credit reference agency.

· not issue a default notice related to the account.

 

Also, it has been bought to my attention that your company has made searches of my credit file, I would like to reiterate that in the absence of a valid credit agreement under the Data Protection Act it is unlawful for you to process any data in relation to this account including but not limited to registering any information in respect of the account with any credit reference agencies. Please therefore ensure that you remove all information regarding this account from my records with any credit reference agencies.

 

If anyone has anything else they think it would be worth adding id be grateful for the input, im not really sure how to round it off (in a proffesional manner) !

 

Cheers

 

Edited February 18, 2010 by Titney

[IainHL]

Looks good to me Titney. I don't think there is anything more you need to add to the substance of your letter. I would end it something like this:

Please confirm to me in writing that you have received, understood and actioned the points made in this letter. I look forward to receiving your written response within the next 14 days.

[Titney]

Thanks IainHL I have added your closing paragraph & sent the letter yesterday via first class signed for, fingers crossed that they give in !!

[Titney]

Its like banging my head against a brick wall, Wescot have sent me a copy of a statement of account & requested payment again. I have written back pointing out that their client still hasnt provided me with a copy of the agreement (since I requested it in January 2009, just a bit over 12 days) & therefore they have no right to request any payment etc etc etc !!! GGGGrrrrrr

[Titney]

I never received a reply from Wescot to my last letter, instead I recieved a letter from Apex Credit Management saying that I had failed to respond to their client & making a demand for payment & threatening a doorstep visit !! I have written back (signed for) pointing out the same as I pointed out to Wescot that there is no agreement & that they have no legal right to be harrassing me, I wonder which DCA the next letter will come from. Anyone know of anyone else that has experienced a similar path of correspondance ?

[Titney]

The next letter came from ScotCall in the form a doorstep collection notice, I am sending the following in reply;

 

The debt you refer to in your letter has been in dispute with your client since the 25th February 2009 when they failed to supply me with a true copy of the original Consumer Credit Agreement for the account, to which I am legally entitled.

As you are no doubt aware the Consumer Credit Act states that whilst an account is in dispute a creditor is not permitted to take ANY action against the account including passing the account to a third party. The lack of a credit agreement is a very clear dispute. Therefore any further correspondance received from your company will be considered unlawful harrassment & used as evidence against your client.

I think that should give them the correct message !

[Titney]

Havnt had any more correspondance from anyone since I sent the above letter a month ago, good news, but im not about to hold my breath yet.

 

I had a call at my work from RBS just after I sent the letter but I refused to take it so I dont know if it was related & I didnt hear anything more....