Some clarification please

[Conniff]

I must first admit that my memory is not that good after a stroke so please bare with me.

 

In 1993 my bank account with NW was closed without warning because I owed them on an overdraft. I think that overdraft was around £2-3000.

 

I have been paying a dca since then, but think I must have paid it by now.

 

Do I ask the bank for details of the overdraft and who they either asked to collect or sold it to, and do I also send the dca a 'sar' request and ask them for a deed of assignment?

 

I have been reading on here for 3 days now and some of it is going past me as I can't remember what one thread said when I start reading another.

 

I thank you for any assistance.

[diskmandave]

14 years for what you say at most is £3k seems like a long time unless you're only making token payments!

 

To start with I think the best plan of action would be to send the DCA the CCA letter (link below), and ask for a full statement of account as to all monies paid by you, opening balance of debt to them, and amount now outstanding. The CCA request is a legal request for a copy of the original credit agreement and they have a set period of time in which to supply it, and they cannot enforce a debt in court without it.

 

http://www.consumeractiongroup.co.uk/forum/post-162367.html

 

Adapt this letter to suit your needs and get it off by Recorded Delivery, make sure you include a postal order for £1 which is the maximum they are allowed to charge for providing the service.

 

Carry on reading around the threads in the debt forums, I promise you, it will start to make sense soon, and there are loads of people here willing to help if you get stuck at all.

 

 

Good luck, best regards, Dave.

[Conniff]

Thank you so much Dave - I have been paying £25 and never missed.

[diskmandave]

120 months x £25 = £3k (10 years)

80 months x £25 = £2k (6 years 8 months)

 

Somethings not right somewhere then. Get that letter in the post by recorded delivery asap with a £1 postal order. Make sure to ask for a full statement of payments & balances etc (as above).

 

Please be aware though, this may take a little while to get to the bottom of if the DCA are getting a nice payment without fail every month! They won't give it up without a struggle at least.

 

Regards, Dave.

[Conniff]

I have done my letter and will post tomorrow with a postal order unless you tell me differently.

 

 

Dear Sir/Madam

 

Re:− Account National Westminster Bank

 

With reference to the above, I would be grateful if you would send me a copy of this agreement.

 

I require a full statement of payments & balances, and a deed of assignment

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

[diskmandave]

Don't forget to send it Recorded Delivery

[Conniff]

Thank you so much for nursemaiding me Dave - you need it when you get to my age.

[diskmandave]

Thank you so much for nursemaiding me Dave - you need it when you get to my age.

 

Regardless of age you still managed to take out the HTML

 

Good luck, keep on reading (I have been for 4 months now!), and keep us all posted! Loads of help here from loads of friendly & helpful people who're all in the same boat one way or another.

 

Regards, Dave.

[reduk054]

Hi, sorry not wishing to hijack thread, just really interesting reading.

Thank you Dave for the link to tepmlate letter, think that i can find a use for that one.

And Conniff, best of luck, it sounds as if you have a good case (and some good advice!!)

Regards, Red

[Conniff]

Just a quick update.

 

My letter was signed for yesterday after a delay of 9 days. I was begining to think the post office had lost it.

[diskmandave]

Just a quick update.

 

My letter was signed for yesterday after a delay of 9 days. I was begining to think the post office had lost it.

 

Good luck! The clock starts ticking today then.

 

Regards, Dave.

[Conniff]

Hi again.

 

I have received a reply from MDR thanking me for my request and saying they have forwarded it to Natwest along with the £1 payment and that they (Natwest) will provide the relevant information as quick as possible.

[diskmandave]

Hi again.

 

I have received a reply from MDR thanking me for my request and saying they have forwarded it to Natwest along with the £1 payment and that they (Natwest) will provide the relevant information as quick as possible.

 

Good luck with it! Make sure they send you a full statement of what you've paid and what is outstanding, and WHY it's outstanding.

 

Don't forget, the clock is ticking, 12 days from the day after they received your CCA request they aren't entitled to enforce the "agreement", and after a calendar month in default they have committed an offence which is reportable to OFT & TS...

 

Personally..... I think you've paid on this for way too long!!!

 

Good luck, we're here to help! Regards, Dave...

[Conniff]

I have just been reading through different cases etc and saw the following:

 

Hi I want to get info on how I can get in touch initially with A/L with regard to an old account I had with them over four and a half years ago (I can claim back 6 years right?)

 

 

Would that apply to me as well even though the account closed around 1993, and does this work for business accounts as well as private accounts?

[diskmandave]

I have just been reading through different cases etc and saw the following:

 

 

 

Would that apply to me as well even though the account closed around 1993, and does this work for business accounts as well as private accounts?

 

Conniff... That's 14 years ago... Whilst there are precedents going back 12 years, it's a very grey area! So, i'm guessing that 14 years is even greyer...!

 

Please, get your original post sorted before you tie yourself up in all sorts of litigation! We have your best interests at heart here! Trust me!

 

** Original Post **

 

I must first admit that my memory is not that good after a stroke so please bare with me.

 

In 1993 my bank account with NW was closed without warning because I owed them on an overdraft. I think that overdraft was around £2-3000.

 

I have been paying a dca since then, but think I must have paid it by now.

 

Do I ask the bank for details of the overdraft and who they either asked to collect or sold it to, and do I also send the dca a 'sar' request and ask them for a deed of assignment?

 

I have been reading on here for 3 days now and some of it is going past me as I can't remember what one thread said when I start reading another.

 

I thank you for any assistance.

 

** End Original Post **

 

As always, I wish you the best of luck

 

Good luck, regards, Dave.

[Conniff]

Just a quick update.

 

To date I have heard nothing from anyone.

[Conniff]

Good evening again,

 

My CCA request was signed for on the 16th Mar by the DCA.

I was informed that payments were suspended and they were sending it back to the Natwest who would respond.

 

Today is the 16th Apr and I have heard nothing from anyone.

 

Is this normal, do I wait until 40 days to hear from Natwest??

 

A little yes or no would reassure me that I am doing this correctly.

[diskmandave]

You're doing just fine!

 

You originally wanted this to just go away, which it seems to have. 8)

 

But, is there any reason why you can't contact Natwest and ask them why they're dragging their feet? Be sure to tell them if there's been any overpayment that you'll be expecting it back!

 

Good luck, Dave.

[Conniff]

So I should make contact directly with Natwest now and not wait to see what comes out of my request.

[diskmandave]

It's for what suits your circumstances best........?

 

You can either leave it in the go away stage where it's festering at the moment and just see where it goes, if anywhere, or you can take the bull by the horns and ask them what they're playing at, in writing of course!

 

Regards, Dave.

[Conniff]

Thanks Dave. I will let it run the full term, afterall it's been a long time so a couple of more weeks wont make much difference.

[Conniff]

An update - I have received the paperwork so will now have a good look and see what it's all about.

[diskmandave]

Good luck Conniff i've got my fingers & toes crossed for you.

 

Regards, Dave.

[diskmandave]

I've just reviewed this whole thread and checked my calendar. They were in default on 3rd April, and depending on what they've sent you today they will commit the offence on 3rd May (or not!).

[Conniff]

They have sent statements from the day the account was opened until it was closed some statements of payments (but not complete) and a copy of the agreement which is not dated or signed by either me or them.

 

There is obviously a lot to go through.