Debt in UK live in Spain please please help

[cerberusalert]

one question I have: does your UK credit file get accessed by lenders in other EU countries?

No.

[KellyMaria]

Yes agree Retap-flaco, I shudder to think what I would have done without this site and all the people who have helped me, I am so so grateful for them giving their time, I would have been in such a state without them.

[KellyMaria]

I have a reply from Natwest with regards to my complaint to OFT which I copied Natwest. The have said the following.

 

Thank you for your letter dated ...... and your comments have been noted. We have issued our Final Response in relation to your complaint and if you are still not happy with this you will need to refer the matter to the Financial Ombudsman. I have enclosed a copy of the Final response for your reference (which they did not)

 

Do I send the complaint letter that I sent to the OFT to the Financial Ombudsman, I have had no response from the OFT as yet.

 

Thanks in advance for your advice.

[cerberusalert]

Do I send the complaint letter that I sent to the OFT to the Financial Ombudsman

Yes.

[KellyMaria]

Hi all, I got a responce from the OFT saying they have no authority to become involved, but they have confirmed that Natwest holds a Consumer Credit licence so they must be fit and competent, they have noted the details of my complaint and will consider this alongside any other complaints they have received with a view to any consumer credit licence or action they may decide to take. If they do take action they need to disclose my identity with details of my complaint so they have asked me to sign an enclosed consent form.

Shall I sign and send it back.....want to check with you guys first before I do anything.

 

Also I received a reply from the Ombudsman saying they will provide a full response as soon as they can.

 

Just to let you know I have not received anything from AIC, Natwest said they were going to pass the debt to them at the end of January.

 

Thanks for any replies

[cerberusalert]

Shall I sign and send it back.....want to check with you guys first before I do anything.

Yes

[KellyMaria]

I have just received a reply from the ombudsman saying that they agree with Natwest, so it looks like I will now have to sign my request for the CCA, which I will send tomorrow. Does anyone know what I should expect from Natwest now, I am 99% sure that I have not signed a CCA, I am sure I did it all over the phone. So if they cannot send me my CCA what happens with the debt, can they still send the debt collectors to Spain ?? Thanks in advance for your help again.

[cerberusalert]

To reiterate, because you live in Spain they cannot take any action against you here legitimately they would need to do it there using UK law. The burden of proof is on them to show that you owe the debt, part of which is providing an enforceable agreement. because you made an application on the telephone and did not sign an agreement they will not be able to show a Spanish court the proof necessary.

[KellyMaria]

so shall I not send the letter with my signature, or just send it as they probably haven't got my CCA and at least I have done everything I should do......what do you think....

also if they do have the CCA you are saying they can go to the Spanish courts, so if I do send my signature at least I would know and then not worry so much

[cerberusalert]

If you have never signed an agreement then they will have nothing to compare it to. Personally I would get someone else to sign it in your name and see what they send back..... it will be interesting.

[unclebulgaria67]

I had a relative who left the country with debts and they did not inform the creditors they had moved. Consequence was that the creditors just kept writing to last know correspondence address for about 8 years after they had left. Unlucky for me but my address was used to forward on correspondence, so I had 8 years of hassle, from many different debt companies who phoned, sent letters, etc.

 

My advice from what I learned of this, is that you would be sensible to write to NatWest explaining your situation, but making it clear you are in Spain and have plans to return. If they have your address in Spain, they won't be able to use the Spanish courts unless they already have a CCJ in the UK. I don't think NatWest would obtain a CCJ knowing you could not defend. So NatWest will then be faced with trying to negotiate with you a way forward. If they can't reach agreement with you, I would expect that NatWest would have to make a decision what to do. They might stop and just put the account on hold, noting your credit record. They might sell on the debt to debt collectors, without telling them you are abroad, so whoever lives at your last known address will be in for loads of hassle. In either case if you ever returned to the UK, they would eventually catch up with you at whatever address you are living at.

[KellyMaria]

Natwest have known that I have lived in Spain for the last 6 years and have no intention on going back to the UK, they also know my address here, so they know I have no UK address and have always sent correspondence to my Spanish address.

 

I will do what you suggested cerberusalert and get my eldest daughter to sign it, but as I said before when the overdraft was agreed I was using my maiden name so yes it will be interesting to see what they come back with.

 

I will let you know, thanks all

[unclebulgaria67]

Statute barred ? 6 years (5 years in Scotland) without payment or acknowledgement of the debt or a CCJ being obtained.

[KellyMaria]

Hi Guys, I have now received a response from Natwest saying that ....

 

It is important to point out that the bank does not require customers to sign an agreement under the consumer credit act in order for an overdraft facility to be applied to thier account. Therefore a copy of the signed agreement is not available and does not need to be provided to you under the terms of section 78.

All borrowing facilities are agreed in accordance with the terms and conditions of the account and overdraft facilities are finalised by way of confirmation letter.

 

They then went on to state information of my account and how much was owed and interest which was 0 and the final paragraph of the letter was....

 

We thrust this clarifies matters, if you have any further quiries please contact us on the above number or write to us at the above address.

signed by the recovery manager.

 

They have not asked to come to an agreement for payment or anything, I can't unerstand why they made so much fuss asking for my signature then to say they do not have to send me the CCA.

 

I am really confused and a bit scared as to what they will do now, can you advise me what I should do.

 

Thanks again for all your help.

[cerberusalert]

You don't have to do anything else just yet. sit back and wait for their next move.

[miss muppet]

Hi KM,

 

This is an old thread but an interesting one:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?237096-Are-overdrafts-covered-by-cca-s

[KellyMaria]

I was just wondering, they said that for an OD they have to send a confirmation letter, should they not have to send me a copy of this letter as I am sure I didn¡t recive one.....what do you think ??

 

also I was reading the thread (thanks miss muppet) what is a SAR and would requesting this applie to me ??

 

Sorry for all the question but I am so afraid of someone turning up at my Spanish home making trouble, here there is so much curruption and you really do not feel safe.

[cerberusalert]

A SAR is a request to the bank asking for copies of all the information they hold on you as a person covering any a/c you have had with them. This will include copies of any letters sent/received, agreements, statements etc.

[miss muppet]

KM, You are quite right to be concerned about your signature, same bank different issues but know that DCA associated with them lifted my doctored signature from my complaint to FOS implying it was the signed mandate. Ignored by me and now passed to different DCA who can't even get my name right!!

[miss muppet]

Oops, forgot to add, they are not going to turn up at your Spanish home and if they did, you tell them to Foxtrot Oscar sharpish:x

[KellyMaria]

So to just confirm do I just do nothing or do I request the confirmation letter, not sure how long they keep records but at the time they agreed the OD I had a different name so I know they cannot copy the signature.

[miss muppet]

The SAR should cover everything they have KM so as advised try not to worry and see what they come up with.

[KellyMaria]

Thanks all of you.....I will sit tight and wait.....and try to not let it get me down

[KellyMaria]

Hi everyone, I thought I may not hear from Natwest again but I have just receive a letter from Natwest saying as they cannot contact me they have passed my account details to Regal Credit Services Ltd, I have also received a letter from Regal asking me to forward the outstanding amount in full or contact them to agree a payment plan and if I do not contact them they will recommend to their client (Natwest) to take legal action against me and I will incur further interest and legal costs.

I am not sure what to do as i am now working in Spain, can they find this out but I am no longer living at the address they have, the owner of the house gave me the post.

should I write and say I have no money and am living with friends but my mother would be willing to pay 2000GBP to settle the account in full....would they accept this. I just want this to end as it upsets me so much and I get so stressed that's why my mum said she would do this for me.

 

all advice really welcome.

[cerberusalert]

It's just being passed down the DCA foodchain, AIC dropped the a/c like a hot potato now this lot are chancing their arm.

 

I am not sure what to do as i am now working in Spain, can they find this out but I am no longer living at the address they have, the owner of the house gave me the post.

As long as no-one tells them where you are they'll have great difficulty in finding you. They will not invest too much time, money or energy trying either as it would be uneconomical.

 

There is no point in making any full and final offer until the debt is sold to a debt collection company. For the moment I would just continue to ignore.