Shoosmiths/NatWest

[Twyford18]

We have an ongoing case which is being dealt with!!! by Shoosmiths, they are claiming for two amounts which are the result of a Loan Account and overdraft, we sent Shoosmiths the first 77/78 letter and they did not reply so I sent the second, a coupleof days after the second letter we received the paperwork for the Loan amount but not the proof of the overdraft amount, I wrote back saying it was out of time and unenforceable and this plank from Shoosmiths has written back saying it becomes enforceable again as soon as the paperwork is sent, is this right, or is he just being stupid, they still have not supplied the paperwork for the Overdraft amount and every time I write they either cannot read or understand the letters or just do not bother to answer the questions,

Help please as my head is aching from being banged against the wall

[cds]

Can you post up the loan agreement, he is correct if they do prove the debt with correct paperwork it does become enforceable.

 

If you are disputing the overdraft on the amount or by the way it is made up then there is a clear dispute, it remains so until mutual agreement is made or the courts look at it and decide.

 

Have you claimed for bank charges.

 

cds:)

[r&b]

We have an ongoing case which is being dealt with!!! by Shoosmiths, they are claiming for two amounts which are the result of a Loan Account and overdraft, we sent Shoosmiths the first 77/78 letter and they did not reply so I sent the second, a coupleof days after the second letter we received the paperwork for the Loan amount but not the proof of the overdraft amount, I wrote back saying it was out of time and unenforceable and this plank from Shoosmiths has written back saying it becomes enforceable again as soon as the paperwork is sent, is this right, or is he just being stupid, they still have not supplied the paperwork for the Overdraft amount and every time I write they either cannot read or understand the letters or just do not bother to answer the questions,

Help please as my head is aching from being banged against the wall

 

hi berrie,

they r correct that they can begin recovery again once s.78 request is complied with. the account is no longer in dispute. enforceability is another issue however. the overdraft will be a different matter as it does not come under the same constraints as a loan/credit agreement.

if u want info as u say u are prob better off sending a CPR 31.16 rqst or a SAR to the original creditor at their regstd address. it costs £10 and they get 40 days in which to reply, send recd del and dont sign it.

Edited June 16, 2009 by r&b