1985 Natwest Mastercard Debt now cabot/wescot

[tedney]

Hello Everyone!

I had a Natwest Mastercard account, which was defaulted in 2006.

I have been paying off monthly sums direct to Natwest every month since,

no PPI and interest not being added.

Late payment and overlimit fees of £175.00 unclaimed to date.

Account balance approx £8K

 

The account has never ever been shown on any CRA reports, even before defaulted.

 

Natwest have now advised that they have now "partnered" with Wescot Credit Services,

who will now "manage" the remainder of the repayment plan,

and that I should continue to maintain payments direct to Natwest.

 

In view of this, I made a CCA request under section 78 (1).

 

Their response to my CCA request was,

as the account was opened prior to 19th May 1985,

that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 applies to the account,

and it is therefore sufficient for them to send me a copy of their current terms as a "true copy",

and therefore the agreement is enforceable.

 

The copy that they provided is headed "Credit Card Agreement regulated by the Consumer Credit Act 1974,

and is on the reverse of a "Replacement credit card" letter, addressed to me at my current address,

not at the address where I lived at when the account was opened.

 

Are they correct in their view that the agreement is enforceable?

 

As usual all comments welcome.

Thanks

t

[dx100uk]

we've seen this before here:

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=account+was+opened+prior+to+19th+May+1985&sa=Search+CAG#gsc.tab=0&gsc.q=account%20was%20opened%20prior%20to%2019th%20May%201985&gsc.page=1

[tedney]

Thanks for that DX, I will have a read through.

t

[dx100uk]

There are other ones too

 

Dx

[tedney]

Having read some threads, am I correct that Natwest have complied and satisfied my CCA request, but the agreement that they supplied would probably not stand up in court, if it ever came to a claim?

Thanks

t

[AndyOrch]

Its never going to be enforceable from 1985 they don't have it...they may think they have complied with your request but from what you state they provided sounds also like a fail.

 

Andy

[tedney]

Thanks for that Andy

Do you think I should write and tell them I disagree with their view, or would it best to wait and see what transpires, if anything?

I am thinking of the latter really.

Thanks again

t

[AndyOrch]

No ...don't give them the heads up...gives them time to rectify...if possible.

[tedney]

Thanks again, OK, I will sit and wait again!

Don't know if you have seen my PM's, but I would appreciate your views and comments on my other NW thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?266247-natwest-summons-for-joined-overdraft-and-loan/page12

Due in court first week in August.

Regards

t

[AndyOrch]

Yes I have got your PM Ted..just not had the time as yet.....I will get to it shortly.

 

Regards

 

Andy

[tedney]

Admin: I think there is an old thread for this debt?

I requested a CCA from Wescot for this debt on 19th September. As with other debts I was paying a nominal monthly sum to Natwest for this account.

I was then advised that they had passed this debt to Cabot, with Westcot Credit Services Ltd administering the account.

I used to receive monthly statements from Natwest. I continued to pay a monthly sum to Natwest.

After Natwest passed the account on, monthly statements ceased.

Periodically I would get a letter from Wescot about the account which I ignored.

Following the CCA request to Westcot, I received an acknowledgement from them.

Today I received a further letter from Westcot advising me that they "will need to contact their client, this process may take several weeks" !

Do I just wait for their response, or take any other action?

I am not paying anything on this account now.

I notice that their letter received today has a bar code and QR codes on it, which the previous letter did not, and their client is shown as Cabot Financial Europe Ltd-RBS. Is any of that relevant?

Thank

t

[honeybee13]

Hi.

If you post a link to your old thread, we'll merge this with it.

HB

[tedney]

Hello honeybee13

Hopefully this is the link you requested. I am not an expert "online" so please consider that!

 

[honeybee13]

We don't expect everyone to be an expert online, I'm certainly not.

So is that thread linked to what you posted above? I'm not sure what you're trying to say here.

HB

[tedney]

ref post #3, I think so, I used the date quoted by an admin on another thread I posted. Please refer to my post #4.

ref honeybee13 post above. My title of this thread was "lifted" from a post by dx100 on another recent thread of mine. In reponse to you original post here I tried to identify from my "history" which of my previous threads was dx referring to.

So this thread could be merged with the old one as it is for the same debt.

[dx100uk]

threads merged.

dx

 

 

you ignore them until they comply or you ever get a letter of claim.

dx

 

[tedney]

UPDATE

Have had acknowledgements from both Westcot and Cabot about this matter.

According to Cabot, I am due to get a further update from them by tomorrow!

Westcot correspondence is sent to my correct address, whereas Cabot's letters are still addressed to my old location!

As this account was defaulted a number of years ago, it does not show up on my credit file. Since its' inception, even when it was an operating account, the account has never been included on my credit files!