Crapquest-natwest

[marinachild]

:|Hi

I have had a disputed issue with Nat West since 2003. Birmingham Lending Centre closed my account without my knowledge and I ended up with a 2500 debt.In 2005 I was advised by FSA to make minimum payment of £10. NAT WEST sent this to DCA namely WESCOTT and in last 2 years its been with CRAPQUEST. They keep asking for standing orders - declined. theyve threatened my 70 old father with breaking into his property. Nat West wont send a final letter for me to go to FSA. Ive paid in 7 years over 1500 pounds but between NAT west and the DCA. the amounts outstanding flactuates.

 

What can i do..

 

What sequence of letters do i need to write.

 

Please help

[dx100uk]

they can do nothing of the sort

they are a DCA they have NO LEGAL POWERS.

and even if it went to court and they got a CCJ and you forgot to pay it,

NO BAILIFF could ever bust your door down on a civil debt...utter cods wallop!

if you have that in writing i'd go complain now.

 

right the debt.........

 

what is it and whats the history...is this an old OD?

 

dx

[marinachild]

Hi

Original debt was a £1000 bridging loan which I started to pay back. Birmingham lending center closed the account with informing me. I had my utility bills and mortgage. They all defaulted. At one point I had excess charges of 950 pounds. FSA has complaint Nat west refuses final letter. Now stuck.

[cerberusalert]

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[cerberusalert]

Depending on what you get back it may be necessary to send a SAR to the original creditor to see what has occured with this a/c, how much you have paid and what unfair charges they have added which you can reclaim.

[marinachild]

Thanks

 

This has dragged its heels since 2003. Don't u just love divorce.

Nat West held it for 5 years. FSA advised me to keep making the minimum token payment.

I've got my letters for. Crapquest and Natwest.

I've informed the idiots that the debts in dispute..

Will up date

[marinachild]

lived abroad for 3 years was advised to do a dormant bank account search and just for fun included Pratt Best (Nat west) it came back account settled N. F .A.

I spoke to FSA they still wait final letter.

[marinachild]

Received a reply....25 pages.

Will update while I digest it.

Also got my p.o back crossed out.

Now what

[cerberusalert]

We need to see the actual loan agreement as no doubt it will be covered by CCA 1974.

[cerberusalert]

Incidently, are you still living abroad & if so is it within the EU?

[marinachild]

Back in UK now...

[cerberusalert]

Was there a clear period of six years (five in Scotland) where you never made any payment or written acknowledgement of this alleged debt?

[marinachild]

FSA complaint lodged since day 1.

 

Nat West refuse to send a final letter.

 

Stalemate

 

I've been paying 15.00pm as per FSA 9 years.

 

Natwest sold debt to 3 DCAs and now Crapquest.

 

I've refused their threats.

 

Nat West closed account 6 yrs ago without notice.

[cerberusalert]

With a debt that old it will be interesting to see the loan agreement.

[dx100uk]

who did you CCA?

 

this is stupid

i bet nothing has actually gone off the debts

its just lined the dca's pockets

 

sadly what they call a cash-cow debt.

 

dx

[marinachild]

The 15.00 payments went direct to Nat West.

My father religiously went for tea n biscuits every pension day.

The girl at Nat West used to wait for him.

The whole issue was mad.

The holding bank where the account sat couldn't explain Birmingham lending centres reason for closing account.

It was done without my knowledge. I had held an account there since I was 19 nearly 20 yrs.

Birmingham lending centre stated on phone that it was my fault I was divorced.

FSA have had this complaint since then.

Like I said in my earlier posts this issue has been ongoing since 2001

I can't do anything unless Prat Best (Nat west) send a final letter.

They won't - stalemate.

[cerberusalert]

If the FSA are dealing with this then the a/c is in dispute.

 

Have you come across any agreement within the paperwork yet, anything with your signature or mention of it?

[marinachild]

No paperwork with my name on it.

No signature of mine.

 

It's got a telephone transcript of my convo.

 

Nothing exciting....

 

[paulwlton]

No paperwork with my name on it.

No signature of mine.

 

It's got a telephone transcript of my convo.

 

Nothing exciting....

 

 

It'll be interesting to see what turns up on this.

[marinachild]

Hello

Received a letter from Crapquest

 

We Thank you for your recent correspondence and can confirm that our clients requests that your request for information in reference to this account is signed before they take action.

 

Please resubmit your signed request quoting the Consumer Credit Act with the attached £1 post order fee previously supplied.

 

Collections Administration Department

[marinachild]

Hello

Received a letter from Crapquest

 

We Thank you for your recent correspondence and can confirm that our clients requests that your request for information in reference to this account is signed before they take action.

 

Please resubmit your signed request quoting the Consumer Credit Act with the attached £1 post order fee previously supplied.

 

Collections Administration Department

[cerberusalert]

Send them this;

 

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 Print name do not sign.

[marinachild]

Do I send the original letter and postal order with the above.

I've stopped making the monthly payments...

[victoria_siempre]

Hi Marina

 

Yes.

 

best wishes

 

vic

[marinachild]

Hi All

I re sent my letters with my £1 postal order.

 

On 6th October received this, which some what concerns me.

 

This is from crappyquest.

 

Further to our communication dated 22 February 10.

 

It is apparent that we need to start litigation process to resolve this matter.

 

As you will be aware we have communicated with you over a period of time to resolve this without the need for legal action.

 

Extra costs incurred as a result of any litigation will be added to your balance , if we succeed in obtaining judgement against you.

 

My name is ***** *********** and I am appointed as your case handling supervisor.

 

Together with my team, it is my responsibility to progress your account through litigation process, but also to assist and inform you on any query or question you may have.

 

Your case will be processed and passed to our solicitors on or around 10 October 10 a process that you can stop by telephoning 0870 084 **** to discuss your account , and reach an amicable solution.

 

I Will not be demanding payment in full. I will be open to suggestions from you on how this account can be settled. I have the authority to make any arrangements that may save you a considerable amount of money.

 

You still have the opportunity to stop legal action and possibly settle this account over a period of time and by a method suitable to you.

 

I trust that you will recognise that my appointment is an indication of imminent commencement of legal proceedings. I trust you will take this opportunity to save yourself the possible expense of litigation and the problems that any litigation in which we were successful would possibly cause to your credit file.

 

Yours sincerely

***** ***********

Litigation department