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TheUnknownStuntman

Natwest cant find Loan CCA - was paying Wescot £1PCM..what do i do now??

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Good Afternoon.

 

I was wondering if someone can help me with some questions regarding an old debt I have.

 

About 5 years ago, my mother became terminally ill, I was in full time work and had to reduce my hours to help her as she refused to go into care.

 

At the time I was paying for a Loan from NatWest.

 

I knew I was going to start to struggle paying the loan amount so I went into the bank to ask for help.

 

3 times I went in asked, each time they either tried to replace it with a bigger loan over longer or just said no.

 

On the 3rd time I spoke to the General Manager who said to stop paying the loan and we will be in touch to arrange a lower payment.

I was unaware what this actually meant but did it.

 

5 Years on I have a default and debt owing to NatWest,

However they have got Westcot to manage the Debt which I pay a token payment of £1 a month.

 

Recently a friend told me about the original terms and conditions tactic.

 

I wrote to Westcot asking which they told me they only manage the debt

I then wrote to NatWest who have replied saying they cannot find them or have enough data and that the debt is not enforceable

however because I'm in default this only stops them not pursing in court.

 

 

The letter says please continue to pay because it they don't they will use what ever means by the law to get the debt back.

 

They also say the Debt is still Valid and please contact them to arrange payment if I haven't already done so.

 

My question is what do I do now?

 

My Default will drop off soon and I don't want to cause a issue which could stop that happening.

 

This is the only debt I have and its effects my credit score.

 

What should I do?

 

Any help with be greatly received.

 

I have attached the letter.

Natwest Letter.jpeg

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Easy - Stop Paying :)

 

Its as simple as that. Wescot dont do court and also as they have confirmed it is unenforceable then they can go whistle...

Nothing they can do to you :)

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Yes which means no public CCJ :)

It wont be affected. 6 years from the default date it will drop off paid or not! :)

 

You have nothing to lose honestly!!

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they'll fog it on to a debt buyer

you'll get a notice of assignment

then fire off a CCA request to the fleecing DCA that buys it.

 

 

cant hurt your file anymore

it will vanish on the defaults 6th birthday paid or not

never to return.

 

 

if nastywest cant find the signed agreement

then neither will they be able to supply it to a no powers DCA

they ARE NOT BAILIFFS

 

 

dx

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DX is right - These debts are sold without CCA info so they have to go back to the original Cred... If they cant then... CrapOuttaLuck...

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Good Morning Guy,

 

Spoke to Citizen Advice Debt Department and they said that the CCA request does not stop Nastywest taking me to court or getting a CCJ. They said websites like this give false information.

 

They also said that Nastywest will try to report me as bankrupt so the best thing I can do is offer a settlement and pay off asap.

 

Is this true, can Nastywest declare my bankrupt and that appears as a separate point on my credit report.

 

Also is there a template letter when replying to a unable to provide the original terms and conditions.

 

Thank you for all your help so far guys..

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NatWest cant just declare you bankrupt

and some wings of CAB have some very strange ideas about what courts can and cannot enforce

without a signed agreement

and the fact that the ORIGINAL CREDITOR ADMIT they have no agreement.

 

as I said

they'll flog the lemon on. to a DCA.

then its over, because if NW cant find the CCA

sure as eggs is eggs the DCA wont either.

 

the quicker you stop paying

the quicker it will become statute barred

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So got a response from the National Debtline regarding my situation.

 

The creditor could seek to issue a claim against you in the county court and it would be at the discretion of the court whether to grant a judgment.

 

The court would be able to grant the judgment even if there were no original agreement or terms and conditions.

 

You will require legal advice to establish whether any such claim should it be made would be successful or not as this is likely to ultimately determine whether you seek to repay the debt or not.

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Agree with DX - If you enter a defence and put them to strict proof with an agreement then they would be outta luck on this one :)

Thats IF they issue a claim... They wont :)

 

Stop worrying! :)

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You have had a lot of very good advice on here. Now I would like to tell you of my actual exparience with my NatWest loan.

 

My wife had a £13,400 NatWest loan and, like you, they lost her original agreement. We went through the same emotions as you are some 4+ years ago. Dare we stop paying, what might happen, etc.

 

We stopped making payments to them back in February 2013 and guess what happened - nothing. It must be over two years since we last heard from them. The default dropped off her credit history long ago and now we are only 19 months away from the debt becoming statute barred.

 

Your choice - but the advice we received on here was the same as you have been given, and it is working well for us.

 

As an aside, we also made a PPI claim on this loan, which was actually three loans rolled forward and were awarded just over £10,000 (yes - ten thousand pounds) which they paid by cheque.

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Thank you for this invaluable information. I will stop paying right away, never thought about claiming PPI on it, pretty sure I said no at the time though. but with no details on the loan do they know that ?

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Hello, thank you for you reply.

 

Can I ask how you went about claiming PPI against the default with NatWest.

 

NatWest have confirmed they don't have enough data on the actually loan so they wont know whether I did or did not have PPI ?

 

Thank you

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The CAB advice is correct. The court can enforce without the creditor having to provide a signed agreement.

 

Regards

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127 Enforcement orders in cases of infringement.

 

(1)In the case of an application for an enforcement order under—

[F1(za)section 55(2) (disclosure of information), or]

[F2(zb)section 61B(3) (duty to supply copy of overdraft agreement), or]

(a)section 65(1) (improperly executed agreements),

 

the court shall dismiss the application if, but F3. . . only if, it considers it just to do so having regard to—

 

(i)prejudice caused to any person by the contravention in question, and the degree of culpability for it; and

(ii)the powers conferred on the court by subsection (2) and sections 135 and 136.

(2)If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so as to compensate him for prejudice suffered as a result of the contravention in question.

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TheUnknownStuntsman.

 

Did you have any success with your PPI claim?

 

I to had a loan with NatWest, and they couldn't find the CCA, I have no idea whether there was PPI or not. The Debt is now statute barred. Originally, on principle, I didn't even consider trying to claim PPI, however, as they are still being difficult, I'm now considering it. Just wondered if you had any success.

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On ‎23‎/‎07‎/‎2017 at 15:14, Let Them Knock said:

You have had a lot of very good advice on here. Now I would like to tell you of my actual exparience with my NatWest loan.

 

My wife had a £13,400 NatWest loan and, like you, they lost her original agreement. We went through the same emotions as you are some 4+ years ago. Dare we stop paying, what might happen, etc.

 

We stopped making payments to them back in February 2013 and guess what happened - nothing. It must be over two years since we last heard from them. The default dropped off her credit history long ago and now we are only 19 months away from the debt becoming statute barred.

 

Your choice - but the advice we received on here was the same as you have been given, and it is working well for us.

 

As an aside, we also made a PPI claim on this loan, which was actually three loans rolled forward and were awarded just over £10,000 (yes - ten thousand pounds) which they paid by cheque.

 

Sorry to drag this back up but I have now stopped paying them and the default has dropped off, however Natwest still send me an account summary every six months because they are to do so by law or something, Because they are doing this, does this stop the debt becoming statue barred ?

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On ‎30‎/‎11‎/‎2017 at 16:48, flooz said:

TheUnknownStuntsman.

 

Did you have any success with your PPI claim?

 

I to had a loan with NatWest, and they couldn't find the CCA, I have no idea whether there was PPI or not. The Debt is now statute barred. Originally, on principle, I didn't even consider trying to claim PPI, however, as they are still being difficult, I'm now considering it. Just wondered if you had any success.

 

No, they said I have already had a refund which I clearly have not and they just became awkward about it. I have a ppi company chase them but they wanted me to prove they owe me money.

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