Natwest - acknowlegement that debt is unenforceable

[londonrabbit]

I am very confused by a dispute I am having with Natwest. I have a loan with them and they have written to me saying that they cannot find the agreement and they don't even have enough information to reconstruct the agreement. Despite that, they have given my loan to Capquest. I wrote to Capquest enclosing a copy of the letter from Natwest, but they are still writing to me and threatening me with court action. I have just written to them again basically saying leave me alone.

 

They are wasting their time aren't they? Or do they know something I don't? I really don't understand what is going on.

I have a lot to lose if they were able to take me to court.

 

My solicitors are not much help - they took months to write to Natwest so I think I'm better off doing it myself.

I really don't know what to do. Any help gratefully received!

[cerberusalert]

They are wasting their time aren't they?

They certainly are.

Or do they know something I don't? I really don't understand what is going on.

All they are doing is using bully tactics, legally all they can do is ask you nicely to pay, but by threatening court action they are in breach of OFT guidelines so make a complaint to Trading Standards via Consumer Direct Consumer Direct - Contact us

[Bazooka Boo]

Yep, fools, shot em selves in the foot from the word go, if they have admitted they haven't got the Original agreement and don't even have enough info to fabricate a reconstitued agreement, then there is absolutely zero they can do to recover the money.

 

They sure as hell will not be able to take you anywhere near a court without that information, so worry not.

 

Make copies of their admission, kick your Sol into touch, there is nothing he can do that you can't with the help of CAG..

[londonrabbit]

That's very useful. Thank you to both of you.

I'd already written to Capquest but if they write again (which I expect they will) I will report them to Trading Standards.

[londonrabbit]

I've just had another letter from Capquest. I know they got my previous letter but they don't acknowledge any of the points I made in my letter i.e. they are wasting their time. Their letter is called "Letter of Claim" and is headed "Letter of Claim under the Practice Direction - Pre Action Conduct". Should I be worried? I'm not sure that means anything unless it's sent by a solicitor?

I may try and phone them again and try and make them see sense.

I will also speak to Trading Standards - officially as far as Capquest are concerned (they have my parents address and I don't want them to have my English address) I live in Scotland so do I report then to Trading Standards in Scotland or in England given they are based in England??

Thanks again for any help - my solicitors are way too slow so I've given up with them.

[debbbbsy]

I may try and phone them again and try and make them see sense.

 

Don't bother. Youv'e made your point in writing. Either resend your letter again or ignore them completely.

[londonrabbit]

I'm not sure I can ignore them completely - can anyone answer my questions about Trading Standards and whether their letter's heading actually mean anything if not written by a solicitor?

Thanks!

[cerberusalert]

They are clutching at straws in the hope that if they use legal speak it will intimidate you into making payment, as said earlier they do not have a leg to stand on. If they were stupid enough to instigate an action they would have to produce evidence in the form of an enforceable credit agreement, the bank have already admitted that it does not exist so game over for them. If you wish you could annoy them even more and send a CPR request now they have threatened court action by using the term "Letter of Claim under the Practice Direction - Pre Action Conduct".

[Bazooka Boo]

I'm not sure I can ignore them completely - can anyone answer my questions about Trading Standards and whether their letter's heading actually mean anything if not written by a solicitor?

Thanks!

 

Letter tennis becomes expensive and after a while irritating and boring, like little children they just want to have the last word, they have sent you a letter which means nothing, states nothing, and re-inforces that they can do nothing.

Ignore them, and make those complaints.

[londonrabbit]

Interesting - Capquest have now told me they aren't dealing with this any more and it's been sent back to Natwest - is that a good thing do you think? I have complained to Trading Standards as well as per your advice.

[cerberusalert]

is that a good thing do you think?

Yes, it means one of two things... either they've realised that they don't have a leg to stand on and that you know your legal rights and won't be intimidated or TS have booted their derrière hard.