Natwest

[peteisfishing]

Just received a letter from Natwest telling me that Moorcroft are now dealing with this. What should my next step be in dealing with them? Should I send an I&E with offer of payment or should I be asking for proof of assignment of the debt? Do I need to know if it was sold to Moorecroft? Does this make a difference to my position.

I would also like a breakdown of the capital and interest. This was originally a consolidation loan of a loan and overdraft from Natwest, as at the time they explained this was the only option I had. I didn't want it but they convinced me this was the only way to go. Was just sat thinking if they have transferred interest from the original loan onto the new loan....

[BRIGADIER2JCS]

You just received the Notice of Assignment!

 

The letter you have received should say Sold to Moorcroft or assigned to them to manage/collect on behalf of the bank.

[peteisfishing]

It doesn't say either, it just says that Moorecroft are dealing with the matter. And, to me that doesn't seem very official. I'm actually trying to start paying this debt but no one will give me the details I require. Moorecroft have started with the phone calls now, surely all of my details should be sent to Moorecroft, ie the letter stating everything in writing and all the payment offers and IE details Natwest held...

[BRIGADIER2JCS]

Moorcroft will have been given the barest minimum of data, just sufficient to contact.

 

What you have received is a notice of assignment from NW indicating I think that Moorcroft are assigned to collect'manage the account, but the bank still owns the debt.

 

I would suggest that you do not respond verbally with Moorcroft other than once when they phone, just state in writing only and hang up.

 

Then wait for written contact.

[peteisfishing]

I'm going to send offer of payment today, and letter stating written contact only.

Natwest have responded to my sar request, they now say they cannot complete until I give signed consent, they also want all account details for bank account credit card and all loan accounts!...surely they have all this already. Is this just a delaying method.

[peteisfishing]

Bump

[peteisfishing]

Still not received data requested SAR, they replied saying they require a signature, which I duely obliged.

Sent that back 28th dec. the original 40 days was up on the 12 jan. is the next step the failure to comply letter? Or should I just send the dispute letter and stop paying moire house?

Cheers all

[new-me2010]

Did you send the SAR request signed for?

 

If so sent them a failure to comply letter with a copy of the signed for recept.

 

If it was me I would sit on my hands with the debt collectors until you receive the SAR and can start matching things up. When I received mine I sat down, spread everything out and started reading slowly through things.

[BRIGADIER2JCS]

A SAR should always be signed.

 

 

A reminder is the way forward now.

[peteisfishing]

I didn't sign it. Returned it signed on the 29 dec recorded. Do I now have 40 days from the day they recieve the signed copy? Also, I have received a letter from Natwest CC asking for the account number, copies of statements and proof of address!!!.... If they require proof of address why did they send the request to my house! They also say it could be upto 3 months for them to gather the data.

To make matters worse, Barclays are now chasing a cc debt. The last I heard from the was over 18 months ago. I sent them a SAR and they could not locate a CCA and admitted they could not do anything about it. Now issued a default and see asking for payment in full. Not sure what way to proceed with that one. Account in dispute letter or another SAR?

Cheers

[BRIGADIER2JCS]

Did you send a SAR or a CCA request to Barclays, there is no obligation on the creditor to supply the CCA with a SAR a section 77/78 request under CCA 1974 as amended is used for that (fee £1.0 12+2 working days to comply, a SAR is made under the Data Protection Act 1998 ad requires the creditor to supply all personal data they hold on you fee £10 - 40 days to comply.

 

 

All NatWest need is your name and address (+ any changes during the life of account) and the account number. They have 40 Calendar Days to Comply, from the date the receive the signed SAR.

[peteisfishing]

I sent a CCA request. They informed me that they admit they could not take any further action as they did not have it. They have just reported the account in default.

18 months later! I will dig out the letter and post the exact wording

[BRIGADIER2JCS]

I sent a CCA request. They informed me that they admit they could not take any further action as they did not have it. They have just reported the account in default.

18 months later! I will dig out the letter and post the exact wording

 

 

Did this show previously on CRA files?

[peteisfishing]

Will have to check

[BRIGADIER2JCS]

Will have to check

Good idea there are a lot of anomalies showing up on CRA files now.

[peteisfishing]

Yes it is on the file, with late payments (no payments) for the last 12 months

The letter from Barclays states ' we are currently unable to provide a copy of the CCA you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. With immediate effect we have suspended your account. We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to the account. This is a temporary measure which will be kept under review. We have not closed your account.'

 

 

They then go on to explain that they can report to CRA's and continue to demand payments as this is not Enforcement. Quoting Carey v HSBC and McGuffick V RBS.

 

 

The date of this is 24 04 2012. The balance is 3546.04....the letter today says the balance is 4004.03 as of the 28 Dec 2012! strange considering they said it had been suspended on the 24 04 2012 at 3546.04.

 

 

what to do next with these coneheads?

[BRIGADIER2JCS]

This is becoming all too familiar BC stating suspended but still adding charges and interest.

My feeling is a SAR is the next move let's see what they do have in their murky files.

.

[peteisfishing]

Be on it tomorrow

 

Cheers for the advice