Jump to content
TheUnknownStuntman

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

Recommended Posts

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

Share this post


Link to post
Share on other sites

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 :)

Share this post


Link to post
Share on other sites

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!!

Share this post


Link to post
Share on other sites

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


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites

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..

Share this post


Link to post
Share on other sites

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


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

well cag cant keep repeating itself.....


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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! :)

Share this post


Link to post
Share on other sites

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.


Love your enemies - it drives them crazy.

Thanks to Bobby Thompson (1911-1988) for the user name:"Let them knock, the paint lasts longer than the skin".

nec temere nec timide

 

So far, all done free for friends:

Cabot - F&F reduced debt by £7700 (70%)

NatWest - PPI claim - £1,800

NatWest - PPI claim - £6,200

NatWest - PPI claim - £3,000

Co-op Bank - PPI claim - £5,200

Halifax - PPI claim - £2,800

NatWest - debt identified as statute barred - £1,900

NatWest - debt identified as statute barred - £2,700

NatWest - loan identified as unenforceable - £13,400

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I believe they have 8 weeks


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

 

Regards


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

Share this post


Link to post
Share on other sites

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.


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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 ?

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
       
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
       
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
       
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
       
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
       
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
×
×
  • Create New...