roko20650 v Nat West Credit card

[roko20650]

My husband has a Nat West Credit Card and because he is out of work we are unable to pay it. We requested a CCA which they should have received on the 10th February (posted recorded on the 7th Feb).I received this correspondence from them on the 20th February.

Edited February 26, 2009 by roko20650
Had to remove attachment as detail visible

[roko20650]

We have now received this document. What now??

Edited February 28, 2009 by roko20650
removal of attachment

[cds]

When did you sign your original agreement, this looks like the ones used after 2007 with the £12 default fees. What they send even if it is reconstructed should be relevent to the date you took out the facility. How will you know they have complied with their own terms and conditions otherwise.

 

cds

[roko20650]

We only have statements back as far as Jan 07 and as there is money spent on the account it was applied for befor 2007.

[Pinky69]

If what they have sent you is not a copy of your actual agreement then you can tell them that the OFT's view of this is that there is no way of knowing if what they have sent pertains in any way to the actual agreement as the actual agreement is not available for comparison. If they don't send a copy of the actual agreement on request, it usually means they don't have one. The Terms and Conditions must be those that pertained at the time of the alleged agreement and current T&Cs dont fulfill the requirements of the Act. I would send them that as an opener to the Account in Dispute letter:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of 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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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.

 

Therefore this account has become unenforceable at law.

 

As 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

[roko20650]

Many thanks for your help, if I understand you correctly, before I send them the account in dispute letter, I should acknowledge their letter and ask them again to supply the original document that pertained at the time the account was opened? If so, what time limit do I allow for them to respond to this.

[Pinky69]

The Account in Dispute letter tells them what they should have sent. I suggested you tell them in a preamble in the same letter that the OFT do not deem a reconstruction of an agreement acceptable because there is no way of knowing if this bears any resemblance to the original and that current T&Cs do not fulfil the requirements of the CCA 1974 - they must be the T&Cs that pertained at the time of the alleged agreement. You are telling them this so they know that you know why they have not fulfilled you CCA request.

There is no time limit now. Your account is now being placed in dispute so you also do not have to pay them.

[Kaiser99]

URGENT

 

Can one of the mods remove the PDF attachment from roko20650's post?

 

I can clearly see his name, address and contact number.

[abbacus]

The next letter you get from NatWest card services will say they have fulfilled their obligations and that is all you are going to get. I've been there with my OH's alleged debt. It won't stop them passing it round to various DCAs on a 6 month cycle though, but based on my experience they will not have the guts to take it to Court.

[roko20650]

Many thanks for your help all, I have now removed the attachment, I a novice at this but learning fast! I will send them the "in dispute" letter with the additional part you suggest and wait and see what happens.

[roko20650]

After waiting sometime I have received this, I sent sent the letter account in dispute and they have put a couple of £12 late fees amounts on the balance what should my response to them be ?

[roko20650]

bmp