Natwest Loans Outstanding

[dx100uk]

as apex are simply operating as collectors you can forget them.

 

I would never be offering any F&F until you have ALL the statements

and

have reclaimed everything you poss can.

 

dx

[BRIGADIER2JCS]

Hello again Brig'

 

I thought that I had sent it registered but if I did, the receipt is not in the file.

 

However, I did photocopy the postal order (in colour) and the two associated receipts, which confirm that I sent the letter on 3rd Sept. I thought I had registered it but perhaps I thought that by sending a postal order, I could track that it has been cashed.

 

Looking online, it seems next to impossible to check the postal order and I was obviously mistaken about being able to track it.

 

I suppose this dooms my efforts doesnt it?

 

Regards

 

A

 

Yes track the PO to cashing date.

 

For the 40 day start time allow 4 days after posting to calculate then send failure to comply letter.

[hillbilly20]

Thanks Brig

 

I will pop along to the post office in the next week - but I can see that taking some time given the comments that I have noted from others online.

 

I have tried to locate the 'Failure to Comply' letter in respect of an SAR but I cannot find it. Can you point me in the right direction?

 

Regards

 

A

[hillbilly20]

Hello Brigadier'

 

Further to my last post, I have now found the receipt for the letter, I DID send it 'Signed For' and I have tracked the letter. It was signed for by a V. Osbourne on 5th Sept 2013.

 

So, I just need to send the other letter (failure to comply) when I can find it.

 

Regards

 

A

[ims21]

If they got the letter on 5th September then the 40 days to comply will not be up until another 7 days from today.

 

If and when you need it the "failed SAR" letter is in the CAG library, the link t which is at the top of every CAG page in green.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387319-Failed-SAR-No-Reply-40-Days-Have-Expired

 

adapt this one

 

dx

Edited October 13, 2013 by ims21

[hillbilly20]

Hi Guys, I have now drafted a new letter ready to go next week. Before I send it I wanted to see what you guys think......

 

QUOTE

 

SUBJECT ACCESS REQUEST FAILURE – FORMAL COMPLAINT

Dear Sir/Madam

 

I am trying to ascertain exactly what contracts I have with Natwest and how all accounts have been conducted, including any credits and debits that have been made to the account. I also wish to investigate the validity of the claims made by you regarding money you feel which is owed to you by me and so this is why I have requested you furnish information to me.

On 04th September 2013 I made a formal request for a copy of ALL information in ALL formats held by you in relation to me be sent to me under consumer credit Act 1974 s77/78. This was signed for as delivered on the 05th October 2013. Enclosed with that request was a postal order in the sum of £10.00 which represents the statutory maximum fee.

 

You have failed to comply with my request, and as such you were in default on 15th October 2013.

 

The documents and files that you are obliged to send me include a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments, for all accounts held by you in my name. If the executed agreements contained any reference to any other documents, you are also obliged to send me copies of those documents. In addition a full statement of all accounts should have been sent to me detailing all debits and credits to the accounts.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be complied with before you/your client enters into a default situation. This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, along with the other documents requested in my letter dated 04th September 2013 and you have failed to send a full statement of the accounts and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone either with you or any other intermediary.

 

Yours faithfully

UNQUOTE

 

I feel that the text of this letter seems direct and challenging and I wonder if the tone of it might push them into taking legal action that they may otherwise have refrained from. I am not overly scared by this prospect, but wondering what the outcome might be.

 

I would welcome any comments that you may have.

 

Regards

 

A

[BRIGADIER2JCS]

Looks like you have confused a Subject Access Request (Data protection Act 1998) fee £10 40 day time Limit to get all PERSONAL DATE the creditor holds. (does not usually include the agreement) with a request under sections 77/78 of The Consumer Credit Act 1974 (as amended) for copy of the agreement and any document mentioned in that agreement Fee £1. 12 +2 working days time limit.

 

Letter needs editing down somewhat imo.

[hillbilly20]

Ok Brig,

 

I can see what you mean. I was asked to adapt it, I obviously have not adapted it correctly, I will have another go.

 

However, if I have asked for copies of all information and data held in my wifes name, surely this should include the agreement.

 

I will redraft and ask you to look at the new one if you wouldnt mind old bean.

 

Kind thoughts

 

A

[BRIGADIER2JCS]

A SAR is definitive it covers the 'data subjects' personal data only, your wife must make her own request for her data.

 

Of course I'll look out for the post.

[hillbilly20]

Hello again Brig,

 

Here is the watered down version of my reply.....

 

QUOTE

 

SUBJECT ACCESS REQUEST FAILURE – FORMAL COMPLAINT

Dear Sir/Madam

 

I am trying to ascertain exactly what contracts I have with Natwest and how all accounts have been conducted, including any credits and debits that have been made to the account. I also wish to investigate the validity of the claims made by you regarding money you feel which is owed to you by me and so this is why I have requested you furnish information to me.

 

On 04th September 2013 I made a formal request for a copy of ALL information in ALL formats held by you in relation to me be sent to me under Data Protection Act 1998. I would have expected that this would have included all and any credit agreement signed by both me and your company. This request for information was signed for as delivered on the 05th October 2013. Enclosed with that request was a postal order in the sum of £10.00 which represents the statutory maximum fee.

 

 

You have failed to comply with my request, and as such you were in default on 15th October 2013.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone either with you or any other intermediary.

 

Yours faithfully

UNQUOTE.

 

Does this mean that I now must attempt to send another letter asking for the agreements under the CCA???

 

Incidentally, we have received another letter from Apex which reads as follows:

 

QUOTE

 

Apex Credit Management are disappointed that despite our efforts to contact you regarding your debt with National Westminster Bank, you have failed to reach any agreement with us.

 

We now believe that you are simply avoiding paying your debt and must therefore act in the best interests of our client.

 

We utilise external data sources to profile our accounts carefully and believe that you have the ability to make payments on this debt. Consequently your account will be passed to our internal litigation team in order to consider the best course of action for recovery of the debt outstanding. This may include legal action to obtain a County Court Judgement which we may then seek to enforce by way of a charging order or attachment to earnings application.

 

Please contact us immediately in order to prevent further action on this account. You can take control of your finances by taking positive action. Call our experienced debt advisers on 0845 849 8925 or visit https://myapexcm.co.uk/ for further advice and information.

 

Yours sincerely

 

UNQUOTE

 

Any thoughts you guys??

 

Regards

 

A

[hillbilly20]

Hello again Caggers,

 

I posted a while ago and wondered if anyone has any more light they could shed on my draft letter and on the latest letter received from Apex.

 

Your ongoing support is really appreciated.

 

Regards

 

A

[BRIGADIER2JCS]

Apologies for not looking in earlier. Weekend obligations.

 

CCA request for the agreement £1 fee for each account.

 

SAR request must result on all Personal data held in relation to ALL accounts held by the specific creditor.

 

There is no obligation for credit agreements to be supplied with a SAR ( some creditors will produce most will not).

 

So keep both the requests for data completely separate.

[new-me2010]

Just read your letter, i think you need to check the signed for date I doubt it took over a month to get to them.

 

i also need something clearing up once and for all. talk about confused.com,

 

Is a SAR length of time 40 calendar days, or 40 working days and can someone put a sticky up with examples

 

many thanks

[ims21]

 

i also need something clearing up once and for all. talk about confused.com,

 

Is a SAR length of time 40 calendar days, or 40 working days and can someone put a sticky up with examples

 

many thanks

 

SAR response time id 40 calendar days.

 

There is a template for SAR in the CAG library, the link to to which is at the top of every CAG page in green.

[dx100uk]

sar is cal days. after 2 or 4 WORKING days for them to get it.

 

dx

 

 

dx

[jason_mnm]

Hi guys sorry to hijack this thread.. I just want to get you experts attention to my new thread, see link below. and your kind advice please:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?408261-Please-advise-Advanced-9-years-interest-added-on-default-Natwest-loan-is-it-allowed-to-add-interest-on-defaulted-loan&p=4388172#post4388172

Edited November 3, 2013 by jason_mnm
missed link