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Hi anyone, I wonder if anyone can help me. I am at present claiming bank charges from Natwest and they continually send my bank charges(debt) to different dca's. At present Iam on my 4th dca and I now want to take it further and complain to the appropriate authorities. Who is the best to complain to, FOS, FSA, or OFT. I am waiting for replies from the credit agencies to see if they have defaulted me on these charges, if so I will complain to the IOC.Also I have read on the forum that if you have been charged over £500 in one year you can claim hardship, is this right. Eileen

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The best thing to do is send them all a CCA request (Consumer Credit Agreement). That way they have to provide you with a true signed copy of any Credit Agreement. They also have to prove that you actually owe them money. The chances are, they will not provide the relevant information therefore making the debt unenforceable in a court of law. Most DCA's tend to back off when you send them one of these. A letter something like this will do. You need to enclose a £1 postal order with each one and send them recorded delivery.

 

Good Luck

 

 

 

 

 

 

Dear Sir/Madam

 

Client ref number:- xxxxxxxxxxxx

 

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order for the account in question, which represents payment of the statutory fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request and continued collection activity will result in a report being submitted to the relevant statutory authorities..

 

In summary, I REQUIRE YOU TO PROVIDE THE FOLLOWING DOCUMENTATION BEFORE I WILL CORRESPOND FURTHER:

 

1. True copy of original credit agreement

2. Copy of the executed deed of assignment from (Original Creditor) and (DCA)

3. A Fair Processing Notice.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

 

Yours sincerely

 

 

If you find this useful. Please click on my sacles.

 

Thank You

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Hi sodem, the dcas will not have a credit agreement as the complaint is about bank charges i.e. no credit agreement. I have already seen of 3 dcas ( even moorcroft) and I am now on the 4th dca. The banks know that there is a legal waiver that they agreed to, not to prosecute people when all their debt is made up of bank charges. Obviously Natwest have decided to ignore this legal waiver and proceed hoping that the ordinary person doesn't know about the waiver. Unfortunately I do and I have now decided to complain about the banks attitude, but who to? FSA, OFT, or the FSA. who is the best bet, who will give the bank a rap on the knuckles about their behaviour. Natwest also closed the account the day that I complained about the charges on my account and I know that,that is against the banking code.

If you can advise me I would be gratefull.

 

Eileen

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Edit this and send recorded to the DCA's...and send a copy to the Chairman of the bank !!

 

 

ACCOUNT IN DISPUTE

 

Dear xxxx

 

Account Ref xxxx

 

Further to your recent correspondence, I am in the process of reclaiming the excessive penalty charges that have been added to this account. Please note that under the OFT's guidelines 2.8 section (k) which state -

not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

I would not expect to receive your harrassing and threatening calls. Therefore please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Your letters and phone calls have obviously caused me a great deal of unnecessary concern,and worry,resulting in me having to take third party advice,undergo law and internet research,and take time out to respond, as well as postage costs,to reply to your letter. As you represent a Bank, who regularly make charges to customers,I have taken the liberty of charging NatWest the sum of £35,(who are also responsible for the behaviour of their suppliers) which I will add to my costs against yourselves. If I have to respond to you again in writing I will add £35 for each time.

 

I further feel,that as a show of good faith by the Bank,that any further fees and/or interest should be frozen, pending the outcome of the OFT Test Case.

 

I would also point out that I intend to maintain my legal rights,and if necassary, file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. including the High Court.

 

I trust you will give this due diligence,and look forward to your reply within the next 14 days.

 

Yours faithfully

 

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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