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Natwest VS exAvensisOwner

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In December 2009 I sent a subject access request requiring them to provide me with all the information they hold on me, and copy of all agreements.


My account was passed across to Triton; the In house RBS DCA. I have since failed to make payments to triton due to a number of reasons, and they have now passed my account to Eversheds LLP on the 1st March 2010.


To date I have received all of the statements, and a letter stating they can not find my loan informaiton.


THe Letter Statest the following



Dear Mr AvensisOwner

RE: (Account numbers)


We write with reference to your recent correspondence, the contents of which have been noted.


We have been unable to locate a copy of your loan agreement; however we have ordered statements on the above accounts.


These will be with you shortly.


Yours Sincerly



Recovery Manager


Now my understanding is that whilst there is still a debt, it is legally unenforceable due to the lack of any paperwork and I may have a chance of getting it written off.


I have read a lot of posts on this forum over the past 3 months and to be quite honest, I am still very confused about what I need to do. In an Ideal world I would love to just pay back the whole amount today and wash my hands with it all, but unfortunately I can not do this as I do not have £14,500 lieing around to pay them :(


I have set myself a goal of the end of the year to be debt free with the exception of my mortgage, and as I am self employed in a growth industry I would have a fair chance at this if it was not for me spending all of my time trying to sort these payments out. Both mine and my partners monthly income can jump from as little as £800 in a month to in excess of £4500 in a month providing I can spend my time working on the business rather than responding to these letters / harrassing phone calls.


I have defaulted on the payments for the loan, and tried simply coping on my own unsupported, however now realise the power of support since employing a accountant for my business matters having took a large weight of my mind and already seen an increase in turnover.

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