Grumpy's son - NatWest CC

[2Grumpy]

I want to put this to bed for son

 

Thinking of (him) offering to make payments provided that they remove all defaults & adverse comments on his CRA file. Might need to remind them that he will be repaying a gift ... and they can't register a default on a gift with a CRA (ha might not have had a default note anyway)

 

I think that he could probably manage £1 per month

 

Grumpy

[2Grumpy]

Well, Nasty west have confirmed that my totally illegible application form was in response to mt s77-79 request. Apparently it forms part of the credit agreement.

 

Naturally I will be writing back to ask for a legible copy and the remainder of the credit agreement as well as reminding them that the account remains in dispute until they have fulfilled their obligations.

[babybear39]

Here's the exact regs you need:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

Courtesy of pt2537

[2Grumpy]

After a letter reminding NastyWest that they haven't supplied a valid CCA, they replied saying that if I send £1 they will have 12 days to supply it. Well we agree there but they are thinking that they will get another £1 & restart the clock.

 

Letter on its way to remind them that the clock is at 7 months and running and they can forget about being paid again.

 

I also took the opportunity to suggest they get their facts right before writing next time. Had to do that with their last letter so I suggested that they use their recent letters for an internal training course on 'how not to reply to customers'. Might have been a bit OTT but somebody's got to remind them that their standards have slipped a bit too much.

[NailPost]

Now's the time to ask for their complaints procedure in readiness to making a complaint to the Financial Services Ombudsman.

[2Grumpy]

I've forgotten how many copies of those that NatWest have sent me!

[2Grumpy]

I have got this response to my CCA request

 

Credit Agreement.pdf

 

It looks like the piece of paper that they attach a new credit card to

 

In my view it is unenforceable - in fact it isn't even a credit agreement!

 

any comments?

[ScarletPimpernel]

It appears, from the lack of signatures, that it is not an executed agreement, and therefore unenforceable.

[2Grumpy]

I've also had a letter from Miss Bennet explaining that they don't need to provide a signature!

 

There isn't anywhere that this could be signed!

[2Grumpy]

I want to get closure on NatWest

 

Well my son does actually

 

He sent a CCA request for a NatWest credit card

 

NW used the loophole in the CCA regs to recreate his agreement & he received:

 

• a card carrier
  
• a copy of terms & conditions without front & back cover, alleged to be current at the time the card was taken out
  
• an illegible application form
  
• current t & c
  

NW have confirmed that the application form is part of his credit agreement & that the card carrier is the agreement. The card carrier has terms that contradict those in the booklet.

I understand that because they have confirmed that is his CCA, they wont be able to use the actual agreement if it is materially different in any enforcement action (which it must be)

 

I have suggested that because the Credit agreement is incorrect, demanding money based on that satisfying the CCA request is fraudulent.

 

Triton are currently chasing (well, they haven't said they aren't yet, but they are very quiet)

 

With all of that going for him, I was considering a DPA notice for Triton to not process his data & NW to not give his data to any other organisation on the basis that a DCA can have no legitimate right to process if NW is not able to ask for payment due to their non-compliance with the CCA request & the fraudulent nature of their claim.

 

I am sure that they will write back telling him to get lost because they have a right to process because the debt exists, but I was thinking of what next.

 

If he went for a DPA enforcement action, would NW / Triton have to prove that they did have the right to collect (and would they get away with the card carrier or would it have to be the original) or would he have to prove that they didn't have the right to collect - which would be difficult because NW could say they have the credit agreement and it is enforceable, they just haven't produced it because they don't have to.

 

Any ideas?

 

I was thinking that if this worked, it might be an easier way to getting an agreement declared unenforceable than challenging the document directly - because if he lost, all they would win is the right to process

[2Grumpy]

Fidelite have written to my son about "re-establishing contact with NatWest".

 

 

They threatened to send one of their goons round if he didn't contact Nasty within 3 working days.

Their "contact manager" would be around between 4 & 19 days from the date of the letter.

 

Given that they sent the letter by arthritic snail (not even 2nd class),

4 days (doesn't say 4 working days) was up before the letter arrived.

 

I didn't have a problem telling the ex-snot to go forth,

but I feel that their letter is deliberately confusing with 4 days vs 3 working days

, and they say that they work mon-sat, so it is unclear whether they include sat in their working days.

 

 

I think that they deliberately use the arthritic snail for delivery so that time is up before delivery too.

 

If I complain to the FoS, they will just redirect the complaint against Nasty.

 

 

I need some advice on how to make a complaint against fidelite stick.

[gregs07]

Just ignore. I had one of the power2contact clows call once. Just told him to go forth and multiply.

[dx100uk]

pers i'd be stopping letter tennis now.

 

 

the days of sending silly letters are long gone.

 

 

sit on your hands

 

 

dx

[2Grumpy]

I started a new thread - at least I thought i had

 

Same bank, different meat, same gravy - this is now his bank account (overdraft) and they have just asked for payment

 

Fiidelite have gone forth and multiplied, now I want to register my dis-satisfaction with them - without it being rolled up against NastyWest

 

I know that Nasty are ultimately responsible, but if complaints go against the bank, how will these ever get what they deserve?