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NatWest Credit Card & CCA request


Dacorumdebtor
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Greetings All,

 

I have what I think is an interesting situation.

 

Due to whatever I was unable to keep up payments on NWB card. we were unable to agree a plan suitable to us both, so I ceased payments. they passed it to AIC, who were CCA'd by me and they confirmed they were unable to supply and returned my fee. It was then passed to Regal, who were told to hop-it, due to the inability to obtain CAA information. But to be sure I applied directly to NWB, who have supplied the info requested. :mad2::mad2:.

 

However, they did not respond within the 12 + 2 days. additionally they did not stamp / frank the reply so it took more time before I received it and had to pay £1.81 for that honour.

 

QUESTION. Is the debt enforceable in view of the delay? If you can open the letter you will see they did not reply within the 12 + 2 days anyway, this by their own admission.

 

Any suggestions, most welcome.

 

DDNWB reply for Consumer forum.pdf

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Greetings All,

 

I have what I think is an interesting situation.

 

Due to whatever I was unable to keep up payments on NWB card. we were unable to agree a plan suitable to us both, so I ceased payments. they passed it to AIC, who were CCA'd by me and they confirmed they were unable to supply and returned my fee. It was then passed to Regal, who were told to hop-it, due to the inability to obtain CAA information. But to be sure I applied directly to NWB, who have supplied the info requested. :mad2::mad2:.

 

However, they did not respond within the 12 + 2 days. additionally they did not stamp / frank the reply so it took more time before I received it and had to pay £1.81 for that honour.

 

QUESTION. Is the debt enforceable in view of the delay? If you can open the letter you will see they did not reply within the 12 + 2 days anyway, this by their own admission.

 

Any suggestions, most welcome.

 

DD[ATTACH]22161[/ATTACH]

what you should have done really was to send the first dca the acc in dispute letter after the 12+2 had expired

then when the second dca came looking just reiterate that fact,i wouldnt have gone direct to the oc.

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Have they sent you a copy of the original agreement with your signature or have they sent you a reconstituted agreement.

 

If you are not sure then blank out personal data and post a copy for the experts to comment on.

 

If they have sent you a blank agreement or one with you name and address and not your signature then send them a copy of the following.

 

Dear Sirs,

 

Thank you for your letter dated nn/nn/nnnn.

You have chosen to respond to my CCA request by providing a reconstituted agreement. While this may satisfy a CCA request, it is not enforceable in a court of law.

 

I now request you to confirm that you actually hold a copy of the original signed agreement. If you do not hold an agreement, then I require you to confirm this, or if you do hold the original signed Agreement then I would ask for you to advise me in what form.

 

I can think of no valid reason why you should provide a reconstituted version when you could have simply photocopied the original-if it exists.

 

I would remind you that the OFT state that creditors should not imply or state that an enforceable agreement exists if that is not the case.

 

I look forward to receiving your response within 14 days if I do not I will then consider the alleged debt to be unenforceable at that time.

 

Dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hi Dacorum

 

I am at a similar stage with NW and many others.

 

The delay in responding to your CCA request does not affect its enforceability except that you can declare the account in dispute until they provide one. One can no longer rely on mere technical breaches.

 

The requirements to satisfy a sec 77/78 request are pretty minimal but to take it to court the CCA has to satisfy minimum requirements (even Carey says this).

 

It's a good sign that they've passed it to DCAs.

 

With future demands CCA whoever is demanding payment; this stops them passing the parcel quite as much.

 

I agree with the two previous posts.

 

Best wishes

 

vic

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