Nat west can't find CCA, it has been misfiled

[cups]

Hi,

 

I have been paying for over 10 years to an old Natwest CC.

I have paid every month, it has been passed around various of their 'in house' agencies.

The card was defaulted over 10 years ago.

 

I recently made a CCA request and recently got a response saying that they could not find the CCA as it had been misfiled but l still owed the money . I

 

 

t said although they could not enforce the debt they had other legal redress they could make ?

I have the original DN, from 10 plus years ago.

The account is no longer on my credit file.

 

They have sent me what l think is meant to look like my original card carrier / letter of acceptance

but it has my current address and married name, which were not the same as in the late 1980s.

 

I also know that under the current account number l never signed anything

as the original account from the 1980s was an Access card,

they closed it in the 1990s and just sent me a new account number and card.

 

I am minded to write to them, explain l no longer acknowledge the debt,

point out tha they can no longer report the debt as in default as it is ver 6 years since the default.

I am also going to cancel payments.

 

Does anyone see any issue, oh and tell them if they sell the debt

then l will complain under the BCOB rules ( l think that is right ).

 

Thanks, any advice appreciated.

Cups

[BankFodder]

How much is outstanding?

 

If there is no CCA then basically they don't have the right to enforce it.

 

I don't think that it would come under BCOBS but anyone who bought the debt would be a fool

[cups]

Over £5000 now, no ppi but there are charges etc, but to be honest l have never asked for a refund. I have been paying every month, but they have been very bullying over the years, so l am not inclined to keep paying them.

Cups

[Guest]

It said although they could not enforce...

there you go, in writing.

theres no 'other legal redress' without a judgment to enforce. maybe a misleading statement there.

[cups]

That is exactly what l thought, l may remind them of the DN from 2002 in case they wish to trash my credit file, can they makemebankrupt or do they still need to enforce it first ? Apologies for the 'dumb' question ,,,

[dx100uk]

once its gone its gone

it cant comeback

 

 

however, they 'could' try for a CCJ

but that's extremely rare for an original creditor

then that would show in the public info section

 

 

but more likely as said they'll sell it on

then theres no hope for the debt buyer:lol:

[Guest]

.......can they makemebankrupt ..? ,

shldnt think so. no response at all to a cca request = no court order re enforcement. bankruptcy requires a court order?

[cups]

Thanks a lot, l thought that was the case, l know they don't have the original because it is too old and l never did apply for the new account, they just transferred it across, l have the DN so they can go whistle, if they do sell it on l will complain to FOS etc,

[paulwlton]

Thanks a lot, l thought that was the case, l know they don't have the original because it is too old and l never did apply for the new account, they just transferred it across, l have the DN so they can go whistle, if they do sell it on l will complain to FOS etc,

 

If you never signed an agreement they cannot enforce.

[cups]

Thanks, not heard from them and not responded, l never did sign anything, they know that too.