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Natwest Credit Card next course of action?


dmb248
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Hi All

 

I CCAed Natwest credit card, they responded after I had put the account into dispute, I wrote back after they passed it to Triton and sent me what I believe to be an application form terms and conditions, a letter and an unsigned credit agreement, maintaining that account was in still dispute. I also wrote to Triton (who had been harrassing me by telephone, on their 0845 number which they cunningly tell you are a company called TCS! all of the times have been recorded)

 

I have now recieved more correspondence from both..

 

Could someone please advise me as to my next course of action....

 

All of their correspondance is in order below.

 

Thanks

 

DMB

 

http://i978.photobucket.com/albums/ae263/dmb248/img028-1.jpg

 

http://i978.photobucket.com/albums/ae263/dmb248/img029-1.jpg

 

http://i978.photobucket.com/albums/ae263/dmb248/img030.jpg

 

http://i978.photobucket.com/albums/ae263/dmb248/img031.jpg

 

http://i978.photobucket.com/albums/ae263/dmb248/img032.jpg

 

http://i978.photobucket.com/albums/ae263/dmb248/img033.jpg

 

http://i978.photobucket.com/albums/ae263/dmb248/img035.jpg

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Hello DMB, it looks to me like you are in a very similar position to me (and today happens to be the one year anniversary of when I first wrote to NatWest with my CCA request!).

 

Unfortunately I cannot read your attachments because the new work content filter is blocking access to Photobucket. I will endeavour to take a look from home over the next couple of days and get back to you.

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Hello again DMB,

 

Firstly you need to do a better editing job on the images in these two links:

http://i978.photobucket.com/albums/a...248/img030.jpg

http://i978.photobucket.com/albums/a...248/img035.jpg

The labels you have used to cover your name and address are transparent enough to the scanner that the details are showing through. Also one of them still has "Dear Mr B..." at the top.

 

Now the good news. I cannot see that they have supplied the original terms, certainly I could not see the prescribed terms on the application form/agreement. I will take a harder look tomorrow, dinner is calling me now! So though they are correct in what they are saying about what they have to do to comply with a s.78 request, they have failed because the original terms are missing. And here Waksman is your friend (Carey v HSBC [2009] EWHC 3417 (QB)).

 

This is pretty much exactly where they started with me a year ago. They last wrote to me in November 2009. I have been trying to prod them into action since. I will post more tomorrow.

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Hello there DMB. I have taken another look, and like I said yesterday they have not provided a document containing the original prescribed terms, therefore they have not satisfied your CCA 1974 s.78 request.

 

You need to send them the account in dispute letter. You will find that in the templates library.

 

NatWest will of course respond with the "no it isn't" letter, and Triton will step up the collection activity. It took from April until September in my case before I had a letter from Green & Co Solicitors (in-house solicitors for RBS/NatWest, based with Triton in Telford). I responded to them in October and they replied at the beginning of November saying that they had closed their file and I would be hearing directly from NatWest Card Services. Not having heard anything I tried prodding them for a response in January, but they ignored that letter. I have in this past week sent in a claim for the refund of nearly £400 in charges and interest to see what effect that has.

 

Good luck. Do let us know how you get on.

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  • 2 months later...

Hi Ian

 

Thanks for your input. Just to update...over the last couple of months letters have been exchanged and as you predicted all they send is the 'no it isn't' letter...will expect the same course of action as you have experienced...

 

Will let you know how I get on...

 

By the way which letter did you respond to the solicitors with?

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I constructed my own letter. By the time Green & Co came along I had done a CPR 31.16 request, which NatWest/Triton had ignored/responded along S.78 CCA1974 lines. So I basically spelled out why I felt they would be foolish to start a court case without the original agreement!

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Take a look at this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html.

Again, it is long, but in this case start with the first few posts where pt2537 spells out the basic principles.

 

In my case I had started with a s.78 CCA1974 request and was sent something that led me to believe NatWest didn't have the original agreement. So after various letters I made a CPR 31.16 request, which as I stated above, they ignored.

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  • 4 months later...

Helo again

 

Just want some further guidance with regard this Natwest Credit Card issue.

 

I have had letters first from Natwest, then Triton, then Green & Co Solicitors, then several letters and harrasing telephone calls from RMA and now a letter from Westminster Solicitors...quote

 

"we have been instructed by RMA, acting on behalf of their client, Natwest, to review your account as they may have no alternative but to advise NatWest to issue legal proceedings against you in the locla county court"....

 

If Natwest feel that the account is enforcable after providing me with the information above why didn't they commece legal proceedings months ago through their own solicitors Green & Co?

 

Westminster advice me to correspond with RMA and that I have 14 days to contact them as there will be no further warning!.

 

I have already written to RMA months ago advising them of the account in dispute and to pass it back to Natwest which they do not acknowlage receiving (have proof it was!)

 

Guidance appreciated....

 

DMB

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Cant see what you originally linked to in your opening post, but without a signed agreement, Natwest are ultimately stuffed unless they get lucky in court and get some duffer of a judge who doesnt know the law properly. They dont have to supply a signed agreement in response to a CCA request any more, but they do have to if they wish to enforce the agreement in court. Most judges seem to know this, but from reading the legal forums, it does seem there are some judges who dont, or make their own rules up as they go along.

 

In my case, they actually wrote to me saying they couldnt find any paperwork, but it didnt stop them passing it to Triton and RMA. They eventually slither away if you make your point strongly enough. However I do have a stack of 'pay up or else' letters on file - none of which were followed through on.

 

Can I ask if there were any unlawful charges and/or PPI that you might be able to reclaim on the card first?

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Hi Still_surviving

 

Thanks for replying. Below is the 'document' that was sent when they recieved my CCA request.

 

http://i978.photobucket.com/albums/ae263/dmb248/img073-1.jpg

 

With regard PPI and unlawful charges I don't know, how would I find out?

 

DMB

Edited by dmb248
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  • 2 months later...

**UPDATE**

 

With regard this saga....I made a complaint to the FOS for harrassment by RMA....all went quiet never heard anything from them again.

 

It would seem that they have now slithered away, as did Triton and Green & Co Solictors, and I have now had two texts from AIC to contact them only stating a reference number, which from reading threads on here are more cronies that Natwest instruct....Am I correct?

 

Have no intention of contacting them, RMA have already sent threatening letters then a nice letter for a reduced payment (which leeds me to believe that they believe they don't have a strong case for enforcement).

 

dmb

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