Debt in UK live in Spain please please help

[ayomi]

You sent the account in Dispute letter to AIC, in theory they should have passed the matter back to Natwest with that letter. There problem, so don't worry about it to much. If you have sent the letters I done for you last night then they point out that the account is in dispute and default. So again Natwest and AIC will, if they read and digest the contents, know that the account is disputed.

 

As for what is going to happen next is anyones guess. They have not complied with a CCA request so really they can't do anything until they do. So just sit back and wait and don't worry about it. You are in Spain so they can't do anything anyway and they know that. In addition they have messed up from the begining so if they could, which they can't, go to court they wouldn't as it would be thrown out for all the errors that have been pointed out.

 

Regards

 

All advice is given through experience and research but does not substitute qualified and professional legal advice. Any opinions given is mine alone and is just that OPINION. If any reference to law is made I cannot guarantee that it has not been appealed or case law has been made since.

 

Live life to the full as you only get one chance!

Edited November 15, 2010 by ayomi

[KellyMaria]

Thank you so much Ayomi, I will let you know if I get any response.

[KellyMaria]

Hi Ayomi, I received the below from Natwest today, they also enclosed my postal order, what do you think I should do now ???

 

Please note we are unable to fulfil your request under the Section 77 of the Consumer Credit Act as you have refused to sign your letter.

[ayomi]

FORMAL COMPLAINT

Dear Sir,

 

In youtr letter dated, ******you have stipulated that you require proof of my identity/signature before you comply with my CCA request, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you continue to fail to comply with my legal request, I will without hesitation complain to the Information Commissioners Office & the OFT and if my complaint is upheld you will be liable to a fine.

I also refer you to my letter dated ***** in which I inform you that you failed to comply with my CCA request within the statutory time limit and thus the account is in dispute and default. Your recent letter is another attempt to avoid your legal responsability to comply with my request and does not give you a legal defence as it breaches the guidelines isssued by the ICO

and therefore I consider that the account remains in default and dispute until you comply with the CCA request and I draw your attention once again to the contents of the aformentioned letter, in that you may take no action pertaining to this account whilst this is the case.

Finally until you comply with my LEGAL request I will enter in to no further correspondence with yourselves or any 3rd party and you are to consider this a formal complaint and action in accordance with your complaints procedures.

Yours,

Print name do not sign.

 

[KellyMaria]

Thanks so much Ayomi, I did write a letter along those lines before but they just sent another letter asking me to sign. Will they just ignor this letter or just ask for my signature again. If they have not got my CCA will they ever send a letter saying this, sorry for all the questions it's just that I would feel better knowing what could happen.

[ayomi]

If they don't give you what you have asked then it's up to you what you do next.. This last letter aslo makes it a formal complaint and thus they have 28 days to respond to that complaint explaining why they are taking this stance, they still have to comply with the CCA request which is a seperate issue. You can report them to the ICO and OFT and depending on what they say in their response to the complaint it can also be passed to the Financial Ombudsman. As long as you keep all what they have sent and list, as I said before, in a diary everything that you have done, then by not complying with the CCA they are just shooting themselves in the foot. You have said that until they do you will not correspond further, thus you have put them on notice and one that a court would judge as fair. As for what they will do is anyones guess, probably involve a spanish DCA who as they did me write asking for money, no threats of action or anything as they can't. I told them what the legal position is and have not heard back since, but then it had been a year since I last heard anything from the CC co. anyway. Don't loose any sleep as I don't anymore, it's just a game of cat and mouse.

[Taormina]

Hi, I am quite shocked as I received today the below letter from AIC

 

Final Notice

You are advised that AIC are preparing the above account for transfer to our legal representatives in your country. The additional costs involved in this process will increase the above outstanding balance.

In order to prevent this, you need to contact us on the above telephone number immediately (which was in bold)

I cant understand this as I requested the CCA from them, they then passed it to Natwest who keep asking for signatures etc and now AIC have sent the above.

Please advise me what to do, can they do this without first providing me with the CCA, what will happen in Spain, I feel very worried again and upset.

 

HEY - I have one of those letters.. oh from AIC as well.. For your information, they didnt transfer it they jut handed it back to the bank!!

[KellyMaria]

Thanks Taormina, hopefully they will do the same to mine, although sometime ago when I started asking for my CCA I thought they had handed it back to Natwest then I received that letter. Fingers crossed

[KellyMaria]

Hi All, hope you had a lovely Christmas and New Year, just received a letter from NatWest say more or less as I have not signed my letter requesting my CCA that I must now let them know which branch I want to collect it from and I will have to show 2 forms of ID. Can you advise what I should do now, they really are being difficult, I can't understand why they will not just send the CCA to me. Thanks for your help

[KellyMaria]

Also, how do they think I would be able to fly to the UK to do this.

[ayomi]

Hi All, hope you had a lovely Christmas and New Year, just received a letter from NatWest say more or less as I have not signed my letter requesting my CCA that I must now let them know which branch I want to collect it from and I will have to show 2 forms of ID. Can you advise what I should do now, they really are being difficult, I can't understand why they will not just send the CCA to me. Thanks for your help

 

I would write back saying something along the lines that further to your last letter they have failed to comply with their legal duty to provide a copy of the CCA and therefore they are in breach and the account remains in dispute. That if they had taken notice of the contents of your previous correspondence and check their records and the address to which they are corresponding with you they would note that you do not live in the UK and thus are unable to collect from a branch. In order to help them you enclose a copy of your passport & Driving licence or other ID (Spanish would be nice)(BLANK OUT THE SIGNATURES), BUT WILL NOT TOLERATE ANY FURTHER DELAYS. That you are preparing a letter of complaint to the OFT regarding their failure and that you wish to take this opportunity to point out that you have not received any correspondence about your formal complaint, that you appreciate there has been a 2 week holiday period and therefore should you not hear from them within the next 2 weeks, regarding the status of your complaint, you will also write to the Financial Ombudsman.

 

Letters to the OFT and Financial Ombudsman- look at their web sites for info. You do not have to give them all the details just what you have asked for and what they have not done etc.

 

Happy New Year!

[KellyMaria]

Thanks Ayomi, I did receive a letter from the complaints saying they were looking into it, I then received another letter yesterday saying the same thing that they are looking into it. I will send Natwest what you have advised and will let you know their response. Do you think they will ever give up ???

[KellyMaria]

Hi Ayomi, I just received a letter from the complaints department at Natwest saying they will not uphold my complaint because i have not provided my signature, and if i do not respond by the 26th January their debt collection agency will be instructed to recover the debt. What should I do, shall I just sign the letter requesting the CCA. Please let me know as soon as you can as I have to reply pretty quickly. Thanks for your help.

[The Debt Star]

Hi there.

 

I have a lot of experience with overdrafts and this is my take on it.

 

Forget the credit agreement request as there probably isn't one, and this is really for a loan or a credit card.

 

This overdraft falls under the consumer Credit Act 1974, and a full 14 days to rectify the default should have been given from the date of the default letter plus postage time.

 

If they have not given you 14 days to rectify the issue, and have demanded the full balance, then firstly the default notice is defective, and secondly your overdraft agreement has been unlawfully rescinded.

 

What this means is they have withdrawn improperly the facility to pay the overdraft back and are therefore in breach of the agreement themselves.

This effectively stuffs them good and proper, but whatever you do, don't let them know you know this at this stage.

 

They have to stick to the law and do things right, but they think they can do what they want and get away with it.

 

If this is what they have done, I personally would not pay them a penny.

 

This has worked for me, and in fact I wrote to the debt collector and pointed out the banks mistake with the default notice. Result? dropped it like the hottest of hot tater's.

 

Regards,

 

3tea

 

This is exactly what HSBc did to us. They terminated the account without giving proper notice. We eventually got the FOS to order HSBC to remove the Default with the CRAs, reinstate the account and pay compensation.

[KellyMaria]

Can anyone advise me what to do please, really starting to panic. Thank you

[cerberusalert]

It is unlikely that they'll try and compare signatures so it may me worthwhile signing the request with a signature that doesn't resemble your normal one.

[KellyMaria]

I have sent the complaint letter to the OFT and copied Natwest, shall I wait for a response first before sending a signed request for the CCA

[cerberusalert]

Yes, see how they respond to your complaint first.

[The Debt Star]

is there any point complaining to the OFT?

[KellyMaria]

What do you mean ????

[The Debt Star]

they won't investigate indvidual complaints and just refer you to the FOS

[jasperpad]

from what I have read in a number of these threads DO NOTHING yet. let them do the work not you. They have to do the proving!

I may be wrong but it looks like THEY are in the wrong so just wait.

 

I am sure things will go your way particularly with the help of CAG

 

regards

 

Jasperpad

[KellyMaria]

Thank you, I hope so too

[retap-falco]

Hi KellyMarie. Don't worry, we're all in the same boat. I'm just north of you in another country, and have gone (and still going) through the hoops with NatWest, AIC, Triton, uncle Tom Cobley and all. It gets to be a bit of a game eventually, once the panic and the cold sweats have passed. I have an issue with NatWest who let me have an overdraft of £100, but bumped up the charges to about £1400. I have told them to get stuffed, sent them payment for the hundred pounds I owed them and have now CCA'd them for what they say they owe me, knowing full well that I don't have a signed valid credit agreement for that amount. I sent them stamps to the value of £1 before Christmas and they returned it saying they don't accept stamps. I have just sent them a PO for a quid.

The problem NatWest have is that they cannot take this any further because they cannot take you to County Court , because you live abroad (you have to have a UK address for the Court process. So the game begins by putting the frightners on you (AIC et al). All you need to do is send one "Account in Dispute" letter to each debt collector as they write to you and they go away. Don't speak to them at all - they are ignorant/arrogant gits, and make sure you KEEP EVERYTHING including envelopes.

This site has been a life saver to many thousands of desparate people, myself included, so keep calm, keep reading, and keep posting!

Cordialement...

[The Debt Star]

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