My natwest/shoosmiths thread

[parabellem]

Hi all

This is my partners debt but i am handling it for her.

My partner defaulted on a £25k debt to natwest on 18/11/06

She came to a agreement with them to pay it off, wich she was without ever missing a payment.

When on 01/02/08 they passed the debt onto shoosmiths, she carried on paying without ever being late,missing payments etc.

On the 21/07/08 shoosmiths sucessfully got a charging order on our house.

It has been 16 days now since we sent shoosmiths a ca request and we have heard nothing back(my partner called them and they said they had received our request and were looking into it).

Are we chasing a dead duck here ?

If the ca proves to be unenforceable can we have the charging order removed eventually or is it too late ?

Also there is the small matter of the £4k ppi she was sold with the loan ?

I dont want to push it too much with shoosmiths as im not sure where we stand at the moment.

Any advice gratefully received.

[BankFodder]

I'm fed up with hearing about creditors which enter into agreement with their customers and then go on to take action against the customer even though the customer carried out their side of the agreement without any problem.

 

I think that it is profoundly unfair and it goes on too often.

 

How did the debt arise?

 

Was interest frozen or does it continue to be added?

Does the rate of payment reduce the debt?

 

When they applied for the charging order, didn't you defend on the basis of your agreement?

 

I don't think that you are chasing a dead duck. However, I can expect thatyou would have to continue payments and ask for the judgment to be set aside if they are unable to produce the CCA

[Bazooka Boo]

Makes you MAD doesn't it.

 

4K of PPI, if you can get that taken off the balance, I would imagine be a massive chunk paid off of the debt!

 

This is why everyone should defend their case in court, I am guessing you never did, and this charging order was won by default?

 

This might be of use to you:

Debt Factsheets - Charging orders in the county court

[BankFodder]

By the way, do you say that the PPI is missold - and if so how? and do you have evidence?

[parabellem]

Any help on where to go from here ?

Its been 20 days since i sent them the ca request and nothing in writing back from them at all.

My Partner phoned them last week and they confirmed they had received it and were looking into it.

All the paperwork she can find regarding the loan is a thin duplicate ca with all the ammounts on, but no policy number for the ppi and no signatures on it at all.

Should i start by asking natwest for a sar?

[parabellem]

The afore mentioned ca, and yes it was made fairly clear to my partner she would not have got the finance without buying their ppi.

Edited February 17, 2010 by parabellem
spelling

[parabellem]

bump

[sonic140]

hi

Am in the same position as you. Wasnt aware of law or this site at time and Shoosmiths got CO by same means as yours. Have sent SA request and am awaiting response. Shoosmiths took a long time to send DD or SO forms and delayed cashing my chqs etc. in fact just remembered didnt agree to SOuntil after CO. Judge was no help. Good luck. Will be in touch if I get any further;)

[parabellem]

Well verbally shoosmiths say they are chasing the ca but will continue to take payments as a court order takes president.

We are going down the route of sending a sar to natwest as the local branch cannot find any details on it and we want to sort the ppi out first.

Could anybody point me in the right direction of a sar template letter, and should i be sending this to natwest head office or the local branch where it was taken out ?

 

Thanks in advance.