CCA nat west

[DOZY]

Hi

I have been going through letters on this forum, and on looking at some nat west letters sent to other members, mine appears to be different to their copys.

 

I wish to post my copys to forum for you to see yourselfs, but i need help in how to do it , i can copy and scan , but not sure about deleting personel items from my copy scans , so they can be sent to you.

[cerberusalert]

If you open the image in 'Paint' you'll be able to edit out using the tools.

You'll find it in 'accessories' in your 'start>all programs>accessories'.

[DOZY]

Hi

Thanks just tried Partley got it right, but cannot see how to get it into forum message, just living up to my nickname!!.

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[DOZY]

Hi

 

Sorry cannot make it work , I have posted a description of the cca they sent me , but it bears no likeness to nomores image, the first two images on nomores i have the same ,but not the cca image, mine is different in that i think its a postal agreement ,as it says at top of page seal hear along this edge,

 

i have given description of what i have on my cca , but there are no aprs or credit limit on it , these appear on another page but no signiture and this and all the other pages are clearly generated from a computor in that they are very clear and neat.

 

please read my post detailing this.

[DOZY]

Hi

 

Dozy here again

 

I have re-posted my post of yesterday for you to read until i can get image up on forum.

Re: Nasty West cca response - not good enough? Hi

 

I have received nat west CCA,s the first two pages are as post,

Nomore Baloney Re: Nasty West cca response - not good enough?,

 

my cca copys

 

Ok but the third page on above post is not like anything my page has although it contains elemants of it

 

first of all my page layout is nothing like the image on nomores post,

 

very top small print says "moisten this edge and seal"

 

THEN "NatWest CREDIT CARD APPLICATION AND AGREEMENT FORM.

 

THEN READS OFF "for your information" and lot of small print.

 

Box 1/. principle cardholders details, one of four card types ticked, gold mastercard.

 

sub box. my name /address date birth/ mothers maiden name.

 

box 2/. finanancial details, bank/code/date a/c opened a/c number.

 

box 3/.employment and income.

 

4/. credit card repayment protector.

 

box 5/. NatWest card protection.

 

box6/. air miles.

 

box 7/.additional cardholder details.

 

box 8/. transfer and save.

 

box9/. declaration and authorisation

 

signiture box, headed "this is a credit agreement regulated by the consumer credit act 1974, sign only if you want to be legaly bound by its terms.

 

All the other bits like APR etc are on a seperate page not signed and seems no place to do so..

 

the remaing 9 pages appear to be printed from a computer file as they are very clear.

 

The bank statements are the very latest ones.

 

how do you read or see this as.

[cerberusalert]

There needs to be the prescribed terms included within the four corners of the signed document these are;

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit[/b]

This may be a term or the manner in which it will be determined or that there is no credit limit.

 

By what you've described it sounds like an application so send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

[DOZY]

Hi

here is the cca they sent me, the Apr etc was on a second sheet but no signiture or box for one.

 

http://file:///C:/Documents%20and%20Settings/Gary/Desktop/natwest%20cca.bmp

 

thank you.

[DOZY]

Hi

 

another failure again, oh "wheres the geek in me gone"

 

Edited September 20, 2009 by cerberusalert
added link

[cerberusalert]

Send the letter in post #7

[cerberusalert]

If you need to post an image again, in the toolbar when you write a post you'll see the image if you click it and paste the url it'll post the piccy.

[DOZY]

Hi

 

Thank you.

 

Dozy