Jump to content


Natwest/Triton


Melbel
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3787 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • 1 month later...
  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hiya all

 

I have previously requested my CCA from Natwest, which they sent. It looks ok at a glance.

 

After that i discovered theyd defaulted me, they refused to send me any copies or proof of the default notice and termination so i sent them the Subject access request.

 

Theyve written back asking for my signature.

 

I know this isnt a legal requirement for them BUT i do need that SAR to prove the invalid default.

 

Should I just send it or do they give in easy when they realise you know your onions and tell them why they dont need you signature?

Link to post
Share on other sites

You can quote the following back to them:

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 in which you say that you will not comply with my request dated xxx under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

Please now comply with your legal obligation without further delay.

 

Regards

 

 

 

Amend to suit

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

You can always tell them to send the SAR to your local branch where you will pick it up after showing a member of staff your DL or Passport..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Thanks Bazooka. I just noticed that in the standard SAR template, last paragraph it does mention providing identity information should they need it. Theyve obviously decided to stall and use it.

 

Im tempted to question them now on why they have defaulted a person they are not sure of the identity of and sent the cca to me with no signature request. do you think its worth it?

Link to post
Share on other sites

On the contrary I think sending them the letter above is a very good idea, but to get the info you require you could tell them that you are happy to provide this ID at your local branch in order for them to confirm you are the person they have been sending sensitive and personal data to all this time.

Either way, their disregard for conducting themselves in a professional and proper manner will form part of your complaint to the OFT TS and ICO.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

As suggested, you will need to 'tweak' the letter a bit.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

  • 3 weeks later...

UPDATE

 

Ok, I have recieved their SAR. There is paperwork dating back to early 2007, there is nothing at all mentioning the termination or default notice.

I have the statements from the times they say they terminated and defaulted me and they are standard credit card statements with no mention of arrears or defaults etc...

 

This proves that they didnt send me anything as i suspected and that they have just defaulted me.

 

Where would i go from here??

Link to post
Share on other sites

Hi,

 

Did you send the UR letter? If you did then I would just sit back and do nothing now. If they decide to take you to court you have evidence to support the fact that they didn't send a DN; they can hardly argue with their own records can they!?

 

Regards

 

Colin.

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Hi Colin, Thanks for coming back

 

Can I not use this evidence to get them to remove the default?? that's what I was hoping to do or should I leave sleeping dogs lie?

 

Cheers

Link to post
Share on other sites

Hi Melbel,

 

You could instigate a claim if you wanted to, however, I don't think I'd recommend it. The problem is, if you start the claim the onus of proof is on you. Its hard to prove a negative; i..e., to PROVE the fact that they didn't send you a DN. If they get someone to produce an Affadavit stating that they posted it, its then down to you to prove that they didn't! How you prove that is very difficult; the lack of a record of it is not proof they didn't do it, just proof that they didn't record it at the time; this leaves doubt. However, if they instigated the claim then THEY have to prove that they DID send it; their records then work against them.... So, summing up, if you feel brave and can afford the fees and possible costs which you could end up with if you lose, then by all means go ahead with it, otherwise I would sit tight and see what they do. If they think they have a claim they may start one which you can then defend. Once they realise you have a strong case and decide to discontinue you can then make it a condition of the discontinuance that they remove the CRA records. That, I think, is the way I would approach it... Hope that helps...

 

Regards,

 

Colin

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

Ah Right, Thanks colin.

That makes a lot of sense, I think that's what i will do then. Try to use it as a bargaining tool when they start trying to claim the money again.

 

Thanks for your advice, its much appreciated.

Link to post
Share on other sites

You're welcome :-)

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

Link to post
Share on other sites

  • 9 months later...

Hello All

 

I am back again with this old chestnut.

 

JUst received a red letter from Westot. They dont say who they are collecting for other than ''RBS'' so It must be this Natwest nonsense.

 

They have demanded the full amount or a telephone call etc etc.... all the usual guff.

 

This is an account that had defaulted me back in 2007 and say they dont have evidence of the DN

They also sent me my SAR and there was no evidence of it there.

 

I stopped repayments on this account around a year ago so why now are they suddenly writing to me again and why Wescot rather than Triton?

 

I recently settled an unrelated debt and was wondering if they had seen this on my credit file and decided to start chasing me again.

 

Any thoughts would be appreciated

Link to post
Share on other sites

I would say you are right, might be a good idea to contact the bank seem unusual for an account to be sold/assigned

without a default being issued.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I didnt want to make contact with them again unless I really have to, I have left this quiet for 12 months however if i could get the DN wiped due to the fact they have defaulted me without notice then maybe its worth it.

 

I dont know whether to contact Wescot as well

Link to post
Share on other sites

Difficult decision but maybe the only way forward.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

IMO I wouldn't contact any DCA, least of all wetcloths, if NW want their money then they can deal with you direct.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

From what i remember and what I posted on here last summer, they did send a CCA and it looked ok at a glance. It was the DN that was unaccounted for. no record of it anywhere in the SAR

Hmmmmmm

Link to post
Share on other sites

  • 2 months later...

I am still getting threatening letters from Westcot.

 

The last one advising me of a doorstep visit .. bless.

 

I have been ignoring everything from them.

 

I'm kind of hoping it gets to court stage now as they haven't remotely proved they defaulted me properly, no copy of letter or warnings on their system (as per my SAR)

 

Do you think it could get that far for a £400 ish debt??

Link to post
Share on other sites

These day they will issue claims for pennies if they think

they can cover the costs of the debt purchased 7 court costs

plus a bit on top,the write down the balance to tax.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...