Reply to CCA from Natwest & Equidebt!!

[Adamvito]

Hi guys,

 

I had my loan passed to Intrum Justitia from Natwest last year sometime and after joining this forum, I stopped paying them my token payments and sent CCA & Subject access request ect. They were unable to produce any of this and all has been quiet since las sept. Until now!!!!

 

A couple of weeks ago I received a letter from DCA called "Equidebt". Before they had a chance to send me a second letter I sent CCA request & telephone harrasment letter as they were calling me at all times.

 

They have since aknowledged receipt of my CCA request by letter last week saying a request for my original agreement has been submitted to Natwest, and today I have received a 3 page paper statement from Natwest on my account.

 

The first page shows one payment of £20.00 I previosluy made to Intrum Justitia back in July 2009 before I sent them CCA and I was making token payments.

 

The second page is just a summary of balance on the loan they say I owe.

 

The third page has the date (July 2006) & ammount (6000.00) I originally took the loan out on, with a summary of Intrest rates, duration of loan ect.

 

I just wanted to know what I should do from here as I dont know if this would be enfoceable or if they are just testing the water with me. Im a bit worried now as I dont know what to do.

 

I have a feeling I'm going to hear back from Equidebt stating that the request has been satisfied and they will be persuing the ammount on the debt ect.

 

Any help would be much appreciated,

 

Thanks Guys

[cerberusalert]

The third page has the date (July 2006) & ammount (6000.00) I originally took the loan out on, with a summary of Intrest rates, duration of loan ect.

Can you post this up after removing any identifiers and barcodes?

[twofoot]

If they have sent no copy of the original CCA they have not complied, they probably don't have one. You could send a letter telling them that and that if they wish to pursue they should fast forward with a N1 court claim or foxtrot oscar. If they do issue court papers it can easily be defended if they don't have the original CCA.

[Adamvito]

I dont currently have a scanner but I can give you the basic outline of what it looks like. It's printed on standard statement paper, about A5 size and states:

 

Personal Loan

The date of first Movement on the account: 27 July 2006

 

Ammount of credit available under agreement: 6000

 

 

Applicable interest rate

Paragraph

 

Duration

Paragraph

 

Settling your credit agreement early

Paragraph

 

Paying less than the agreed sum

Paragraph

 

 

 

Thats it!! Just looks like generic, half arsed t&c's on normal statement paper.

 

Ideas?

[cerberusalert]

Send them this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

[ashmk]

Is your signature on anything anywhere? (assuming you did not apply online)

[Adamvito]

No, nothing.

 

I did send Natwest a Subject access request last year but they replied saying that they needed my signature before they would send me anything.

 

I assumed this was a bit dodgy and that they were trying to get hold of my signature. so I didnt do anything.

[ashmk]

Well if theres no signature then its game over. They can send you all the 'statements' they want but if they dont have your signature to prove its your account then they are up a well known creek without a paddle.

[Huff&Puff]

The mere fact that Equidebt have it means that it is almost certainly unenforceable. Just ignore them.

[harrassed senior]

When I challenged Equidebt recently they wrote and said they have returned file to OC and scuttled away from whence they came!

[ashmk]

You may also one day get a letter from CAS but they are the same company as Equidebt.

[ScarletPimpernel]

...or ECI, who are also Equidebt.

[Huff&Puff]

When I challenged Equidebt recently they wrote and said they have returned file to OC and scuttled away from whence they came!

 

They said the same thing to me, but instead they passed it on to Ruthbridge, who have now passed it on to MH

[Adamvito]

Jesus,

 

Thanks for all the advice guys.

 

At what point is this thing likely to come to a holt whereby they might accept a settlement offer???

[Huff&Puff]

It's impossible to say, sometimes these things just seem to fizzle out. On the other hand I'm still getting letters for an alleged debt that I have disputed for years - even if it is one of mine it would have been Stat Barred long ago

 

I would jut leave it in dispute for the moment, all they will do is send you the occasional threatogram. You end up having a good laugh at the nonsense they write after a bit

[harrassed senior]

Indeed, mine went to MH who have now closed the file and return it to OC - file must be getting quite tattered now the number of times it has been tossed around!