NW loan dispute cont. - no CCA, NW threatening to send repo man

[Rogo]

Continuing from my previous thread from February.

NW have lost my CCA and I've now managed to close my current a/c from which the loan re-payments were being deducted. I've sent then an 'Account in dispute' letter, told them that if no agreement is produced I'll see this matter as closed. Since then they've sent me the following letter and keep calling me everyday (being rude so I don't answer my phone any more) demanding payments. Anybody has an idea what to do next? Can I report them to the FSA or Fin Ombudsman? Not sure how to attach the pdf, so let's hope the below works.

 

NW correspondence_17 Feb 10.pdf

 

Thanks!

[Still_surviving]

In the absence of a CCA they wont be able to enforce the agreement in court, however they can and will trash your credit file and endeavour to make your life a misery with non stop phone calls.....They cant just send someone to take your goods and chattels without enforcing the debt in court first.

 

May i heartily recommend the Truecall device mentioned elsewhere on this site. It works 100% fantastically and will make sure they never get to speak to you unless you desire it. It will also log each time they call in the event you wish to make a harrassment complaint.

[Rogo]

Thanks, I've read the info on TrueCall - excellent idea, but from what I gathered it mainly works on landlines, right? I didn't give any institution my landline so they're only pestering me on my mobile. I'll investigate further if a mobile/online version is available. Thanks for your help!

[ieuanMr]

It depends on the quality of you case against them of course. If they don't have a properly executed agreement and have written to say they don't have an agreement then you are fairly safe from the court. However they must declare that they have lost the agreement in writing AND now they have to state categorically that the loan is unenforcable.

 

I recommend you download this link and read as it explains the new ruling very thoroughly.

 

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

 

They can issue default notices and they have no teeth but it all depends if they have written to you and declared that they have lost the CCA, if they have they can reconstitute an agreement and send it to you without a signature but if they can't find or prove that there was an agreement in the first place then they have to tell you when dealing with you. You should write to them and discuss so that they have to declare that it is unenforcable, if they don't do that then they are in serious breach of the CCA and that is actionable in law.

 

Once you are sure of you facts I would take out a complaint via the Ombudsman or the court, though personally I am a bit wary of the courts as it is so complicated.

 

They can report you to a Credit Agency and ruin your credit record. They can threaten court action but not if the agreement is unenforcable, make sure they have said it is unenforcable then you can write back if they threaten court acion and say that it is an offence and that you are reporting them.

 

If they have closed your account then they cannot add any more charges, they refuse to close mine.

 

I would not send the credit card back to them, say you destroyed it ages ago if you have, or that it is lost if you have lost it. But I would do everything but return a signed card to them, they only want it for the signature.

 

Hope this helps

 

 

regards

 

Ieuan