CCA request - Jules V Natwest

[jules_npt]

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[c_allen]

I'd think that if you still owed them money they'd have to keep all docs! I'd say that as they can't prove that you owe them money, that you don't owe them anything!!In fact i'd think that they owe YOU the money that you've already paid them???? anyone know more about this???

[jules_npt]

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[jules_npt]

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[Tinkerbelle]

Will have a look into this and get back to you Jules. Can't say I've heard that reason for non compliance before or of the CCA 1983 for that matter.

 

Someone may well answer this before I do though

[Tinkerbelle]

Your threads have now been merged, so things are a bit clearer.

 

Unless they can provide you with a copy of the original documentation they can not enforce the debt.

 

However, I'd still like to find/see this legislation that they are referring to. Will get back to you.

[jules_npt]

Thanks Tinkerbell. If it helps the section is under (Cancellation and Copies of Documents) Regulations 1983. Regulation 3.

However Natwest have made no mention of the CCA application 77(1).

 

Hope this helps

 

Jules

[Tinkerbelle]

Ok, after having searched all day, I am unable to track down a copy of The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

So if anyone is sitting on a copy please let me know.

 

I don't see how we can take this further unless we now what it says. Soz Jules. Better to have all our facts to hand.

[jules_npt]

Thanks for looking Tinkerbelle, any ideas as to what my next step should be.

I really don't want to back down as I don't belive the debt is mine.

 

Just don't know what to do.

 

Jules

[Tinkerbelle]

Thanks for looking Tinkerbelle, any ideas as to what my next step should be.

I really don't want to back down as I don't belive the debt is mine.

 

Just don't know what to do.

 

Jules

 

Write to them and tell them that until they can produce documentation then you won't be paying them another penny.

 

With any luck they will take you to court, and you wiill hopefully tell them you intend to defend their claim and see them in court.

 

They will have to explain to a judge how they came up with this figure that you allegedly owe when they have no paperwork. What do they think you are? stupid?

[pford]

this is all i found relating to the 1983 act

 

1.24 Does the copy have to be identical?

 

 

 

Reg 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations requires that, subject to certain limited exceptions, any copy of an unexecuted agreement must be a ‘true copy’. This means that it must be identical to the agreement as presented or sent to the debtor for signature.

 

 

 

Reg 3(2) permits the exclusion from the copy agreement of:

 

 

• any information relating to the debtor, or included for the creditor’s use, which is not required by the Agreements Regulations;

 

 

• the name and address of the debtor; and

 

 

• any signature box.

Reg 4 makes special provision in relation to headings and statements of protection and remedies in cases to which s58(1) applies.

 

 

full version here

[Wolfy]

Tink I have a full copy of that SI but your inbox is full. Let me have your e-mail and I'll send it accross to you.

[pford]

Tink I have a full copy of that SI but your inbox is full. Let me have your e-mail and I'll send it accross to you.

 

 

can i have a copy of that as well wolfy please

[Number6]

That refers to an "unexecuted agreement"??

 

Pete

[Number6]

Yeah, for sure. That only refers to a copy presented to a POTENTIAL client so that the terms and conditions can be studied.

 

The executed agreement must be signed and the lender must retain the signed agreement.

 

Pete

[pford]

That refers to an "unexecuted agreement"??

 

Pete

 

yep it is the only mention in that document about reg 3

[Tinkerbelle]

There ya go mate!

 

Tell them to prove it or shove it

[jules_npt]

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[pford]

and trading standards as well

[Number6]

I wouldn't even mention the 1983 act, it's irrelevant.

 

Just point out that they are in breach of the CCA 1974 and that you deny any responsibility for the loan. Leave it at that and let them stew. If they think differently then they'll have to take active measures.

 

Pete

[jules_npt]

Hello everyone. Thanks once again for all your help.

I have put together a reply to NatWest and have attached it below. I would be grateful if someone could look over it before I kiss it goodbye.

 

 

Thanks Jules

[Number6]

[message edited]

 

Pete

[Tinkerbelle]

That's correct Jules. You do not want to put that in the letter.

 

Basically the message that you are trying to get across is "I don't believe this debt is mine. If you say it is, then you need to prove it to me by supplying proof"

 

Hope that helps & good luck!

 

Tinks x

[jules_npt]

Hello Pete thanks for your advice. Just relised that I've posted sensative information in my last thread. Can you wipe my letter from your end.

Jules