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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
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NatWest CCA


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As Advised by a fellow GAGGER I have moved this into the NatWest area.

Here are all the documents received from NatWest regarding my CCA.

 

HP101E.jpg

 

Note what is said at the top. “Received into this office on the 24th March 2009”.

Someone actually signed for it on the 20th March.

Is it my problem that it took 4 days from signing for, to reach the relevant destination of their establishment?

 

HP102E.jpg

 

HP103E.jpg

 

HP104E.jpg

 

HP105E.jpg

 

HP106E.jpg

 

HP109E.jpg

 

Regarding the last scan. When has a terms and conditions leaflet from 09/08 had any bearing on my original CCA from around 2003?

 

I take it from these scans; the above does not represent my original CCA with NatWest.

What would be my next stage in dealings with NatWest? They also provided me with the documents on 4th April which was 1 day over the 12 + 2 day requirement. Am I being a bit picky with this point?

 

 

well,for a kick off there is no signed agreement with enforceable terms.....

 

but look very closely at the T&c's.....

 

do you see what the default charges amount to?

 

£12

 

IN OTHER WORDS THEY ARE THE NEW T&C'S ADOPTED AFTER THE OFT ENQUIRY INTO CREDIT CARD CHARGES!!

 

I'm assuming you took these cards out a few years back......in that case they haven't even been able to supply you with the relevant t&c's from the time you applied

 

 

Send them this;

 

 

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**.(12+2 days after you sent the CCA request)

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, 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 21 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

 

 

 

 

 

With regards to Cap1 did they not send your CCA? If not send the letter above.

 

 

Thanks to lickthewallfatboy & cerberusalert for the above replies.

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Hi

 

While the account is in dispute you may cease payments if you wish and they cannot demand anything from you either however, they will swear that the account isn't in dispute as they have supplied what you asked for :confused: (but as you are aware, they haven't).

 

Send the A/C in dispute letter (don't forget to send recorded) but also have a look at this thread. You may have to try that route:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Be prepared for the long haul. They don't give in easily.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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however, they will swear that the account isn't in dispute as they have supplied what you asked for :confused: (but as you are aware, they haven't).

 

I had the same with MBNA, advising me that the account wasn't in dispute even though they hadn't supplied me with anything!!

 

The OFT's recent decision in respect of Mackenzie Hall is helpful in this regard as it states that:

 

A debt is considered as in dispute where....a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;
The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

If they can produce a signed document that contains all of the prescribed terms (not necessarily in the prescribed form) then this can be enforced under s127(3) though.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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