Merged debts by Natwest to £21k loan - THey cant find CCA

[afishcalledwanda]

Natwest loan made up of overdraft, mastercard and also a natwest loan which have been combined into one

[dx100uk]

NatWest, who combined them, a you cant do that, combine non CCA with accounts covered by the CCA

is this still paid as one to Natwest

[afishcalledwanda]

We never amalgemated the NatWest accounts and I am not sure if the payment goes to Moorcroft or NatWest, it certainly passes through Moorcrofts hands.

 

So my next step is to send a CCA request?

[afishcalledwanda]

Sorry for earlier misinformation,

 

 

I have come home and Moorcroft, who are administering our 'perceived' NatWest debt have sent us this letter,

 

 

I was certain I had received this back already but reveiwing records it seems it is just the SAR that I got back.

 

What next, and what does this mean?

Attached now in PDF

 

Rgds

Moorcroft No CCA.pdf

[afishcalledwanda]

Just received this in todays post from Moorcroft declaring themselves no longer responsible for the collections on this account.

 

They have enclosed correspondence from Natwest stating they are unable to locate a CCA preventing them from 'Pursuing recovery' of the debt through the courts.

 

I have attached both letters for perusal.

 

Can anyone advise as to what we are supposed to do next?

 

Sorry admin for continuing this on this thread, please feel free to move it to a more appropriate new thread.

Rgds

Wanda

Moorcroft2.pdf

Natwest2Moorcroft.pdf

[dx100uk]

thought it smelled

 

 

I've made a new thread for this loan

 

 

have you sent them an sar

because I can bet your bottom dollar atleast 50 of these merged debts will be charges/ppi/insurance/penalty fees I bet.

 

 

when did you take the loan out please

[afishcalledwanda]

Thank you for starting a new post dx

 

These are as you say merged debts, the loan was started in Aug 2008 which now makes up £3900 of the debt, a debt from 1995 (current account) £1700 and the remainder£15,300 from 2003 also current account. The amount showing as Current Account is from a Mastercard which was linked to the account, they obviously made this an overdraft when we hit trouble.

These are the details on our Experian Credit file.

 

The SAR I submitted (x2) were returned with the postal orders and we were referred to their PPI complaints dept, after a 2 week wait they wrote to us to confirm they have no record of PPI on our account(s).

Rgds

W

[renegadeimp]

Well, dont pay them another penny until they provide a valid CCA. Something they are unlikely to ever produce.

 

Basically until they provide the CCA, the 21k is legally unenforceable.

[afishcalledwanda]

I'm loving that ethos Renegade, however, if they continue to default will this ever 'drop off' my credit file and what could the statement 'may take such actions as are legally permitted to recover the outstanding debt' mean at its worst.

[postmn]

I'm loving that ethos Renegade, however, if they continue to default will this ever 'drop off' my credit file and what could the statement 'may take such actions as are legally permitted to recover the outstanding debt' mean at its worst.

 

the default date is the default debt its set in stone so after 6 years it will drop of your credit file . however they will make the history with 'd' to show account is still in default

[dx100uk]

doesn't matter what they put in the calendar section

there should be a defaulted date in the debt summary

and that I would guess should around you third short payment.

 

 

a debt vanishes from the file on the defaults 6th birthday regardless to any further updates.

and regardless to being paid or not.

 

 

the SAR's were nowt to do with any PPI

 

 

so what did you send them?

our SAR

 

 

they cant refuse it

its a legal document...

[renegadeimp]

I'm loving that ethos Renegade, however, if they continue to default will this ever 'drop off' my credit file and what could the statement 'may take such actions as are legally permitted to recover the outstanding debt' mean at its worst.

 

At its worst? The only legal actions is that they can send letters asking you if you are willing to pay. Thats it Until such a time they produce a CCA, which from your info, would be pretty much impossible for them to do. And they know it.

[afishcalledwanda]

On my Checkmyfile report it shows a D for every month since I last paid, it has the Default date as the beginning of 2013, are we saying that in Feb 2019 that it will no longer be visible?

[afishcalledwanda]

Is this likely to continue past the 2019 date?

Apart from the obvious is there no way of stopping the correspondence?

[dx100uk]

yep paid or not.

 

 

they are hiding stuff which is why they skirted around the SAR reply.

 

 

the current account will be mostly OD fees and interest I bet

the marstercard I bet has PPI

and the old loan too?

 

 

ca I just check

they made you sign a new agreement when they merged everything in 2008 was it?

[afishcalledwanda]

Think you are right regarding SAR, there were charges etc on the joint account, altough they didn't refuse the SAR they called my mobile (no idea where they got the number from) asked what info I wanted all via phonecall and I misguidedly said PPI, not sure I want to request it again though as I am quite happy at this moment in time without them delving any further.

 

We cannot remember signing a new agreement in 2008, they must have merged these debts when we entered the DMP in 2012/2013.

[dx100uk]

they cant do that

 

 

sar

[afishcalledwanda]

Hi dx,

 

Would you SAR and stop payments?

My only worry is they uncover something at this juncture.

 

I know you are not the 'I told you so types' but aren't the DMP's supposed to check enforceability/legality before setting up arrangements, not trying to pass the buck but at the time my head was not in the game.

[renegadeimp]

Stop payments anyway. They havent complied with the CCA request. It is your choice though if you want to stop payments as CAG cannot condone debt avoidance. But remember, your debt is 100% legally unenforceable until that CCA request is complied with.

 

And as for DMP's, they rarely every check for legit debts. They just take your money and blindly pay. THe paid dmp's are even worse.

[dx100uk]

not this is just it

free or fee paying DMC's don't do any checks

they just blindly pay anyone that even remotely appears to be owed money too.

 

as pointed out by NatWest themselves

they cant enforce the 'debt'

 

sorry but the bottom line here is you've been had blind by numerous companies.

[afishcalledwanda]

I have just written this letter for NatWest, is there anything further anyone thinks I should include?

Or maybe it needs toning down, as always any advice is appreciated.

Natwest Acc in dispute blanked.pdf

[havinastella]

Pointless and unnecessary.

 

The only letter you should be sending is the SAR.

 

And stop paying or negotiate a payment plan you can afford as you hold all the aces.

[dx100uk]

don't send that please

there is no such thing as being in default of a CCA request and sec 10 etc

is very old hat now.

not sure where you got that from

but its basis is years old.

[afishcalledwanda]

Glad I checked.

I suppose the ball is in their court really as I have stopped payments.

I will resend a SAR in the meantime.

[renegadeimp]

They wont be able to supply a CCA for this debt. Send the SAR, get reclaiming and breathe a nice sigh of relief