Natwest CCA response, Help Please

[Brassed off]

Lol HAK. Did you get anything back from the SRA?

[Having_A_Knightmare]

HI Bo

 

i never bothered in the end. i will wait and see if Triton go to Green Solicitors when they take me to Court.

 

HAK

[hellhasnofury]

HI Bo

 

i never bothered in the end. i will wait and see if Triton go to Green Solicitors when they take me to Court.

 

HAK

 

Hello HAK.

 

Mmmmh its a bit of a boys club, so don't blame you. You need to hit them were it hurts

 

I do hope that when they take you to court, you will enter a defence and a counter claim for unlawful haressment and damages for their terrible breach of the Data Protection Act:p

 

Good luck, keep us posted:D

[Having_A_Knightmare]

Will Do

 

Will keep you posted

[Having_A_Knightmare]

Well the 30th has passed so i am expecting a summons anytime now.

 

T/S have wrote them a letter reminding them about the perscribed terms and that they are breaking the law after 30 days etc.

 

Just bought a new suite ready for the day:D

 

HAK

[Having_A_Knightmare]

Got a letter of Triton saying they are holding ALL legal action on the outcome of FOS.

 

I have invited them to take me to Court and hey still will not do it:D

 

HAK

[Having_A_Knightmare]

Got a call on Thursday from a lady at the FOS.

 

Says she will start on my case next week.

 

This should be fun!!!

 

The word useless comes to mind.

[Having_A_Knightmare]

Just thought I would give you an update on this.

 

FOS caseworker said it was an agreement and there was nothing more they can do.

 

I refered it to the manager who said the same.

 

It is now with the Ombusman to make the final decision. ( I want hold my breath).

 

Basically the FOS said there is proof you owe the money so thats that.

 

To be honest not bothered either way. They are only deciding if they have breached section 78(1) of the act. Bottom line is its totally unenforcable and its cost them £450 for the investigation

 

HAK

[dpick]

Hi as normal this is FOS adjudication they give an opinion though from my own experience of them the do not seem to take note of the law just industry practice. Though I still say yes it's and agreement but it is improperly executed and therefore irredeemably unenforceable.

 

But there again I don't think I have to tell you that do I HAK

 

dpick

[Having_A_Knightmare]

I got my final decision from the FOS.

 

Basically she said that I have admitted to having the card and spending the money....NO I HAVE NOT

 

Also that it is not the FOS place to judge the law so they do not uphold my complaint.

 

What a waste of time that was. Totally on the banks side and made assumptions with out getting the facts.

 

I ave wrote a letter back telling thm to basically get your fact right and re asses the case.

 

Will not hold my breath!!!!

 

HAK

[hellhasnofury]

I got my final decision from the FOS.

 

Basically she said that I have admitted to having the card and spending the money....NO I HAVE NOT

 

Also that it is not the FOS place to judge the law so they do not uphold my complaint.

 

What a waste of time that was. Totally on the banks side and made assumptions with out getting the facts.

 

I ave wrote a letter back telling thm to basically get your fact right and re asses the case.

 

Will not hold my breath!!!!

 

HAK

 

Hello HAK,

 

After reading a few complaints to the fos, I would not have expected any the less of their investigation.

 

As they have nicely stated, it is not their place to uphold the law:D

 

Are you still getting threats of court action and who now owns the account

[Having_A_Knightmare]

Its still with Natwest.

They have backed of untill the FOS report.

 

HAK

[2Grumpy]

In the CCA & SIs, does the copy agreement that does not have to be signed refer to the customer's copy that we get to keep, rather than the true copy?

 

I am in the same position. I have had an illegible copy of an application form then a reconstructed agreement with t&cs that differ from the original t&c leaflet that came with it. I got the Miss Bennett letter, then a claim that the application form is the agreement because it has my signature on it.

 

I suggested that them continuing to demand payment based on invalid documents satisfying my s77-79 request was fraudulent because without a valid response they couldn't ask for payment.

 

I think that when I complain to the FOS (for all the good it will do) I will suggest that their manufacture of documents & obviously getting it wrong but refusing to admit it despite the wealth of evidence shows that they cannot be trusted to do so

[Having_A_Knightmare]

When the letters start to flow again I am just gong to invite them take me to Court.

Bottom line is they do not have an agreement with any perscribed term on it so it can not bre enforced...

 

HAK

[olliepup]

Hi,

 

I've had dealings with Triton over last 2 years, don't speak to them they are vile!

 

The debt for 11k triton are dealing with wanted paying in 7 days or 2k a month, i CCA them but they haven't complied, they have now passed it onto green and co solicitors saying i haven't made a reasonable offer and they are likely to take me to court, i like the word likely, but they still haven't complied.

 

Have Natwest complied with your CCA? If it went to court and they haven't complied or have the correct paperwork surely it will get thrown out?

[Docman]

Hi HAK,

 

No surprises from FOS. They are a complete waste of time and space. The only satisfaction is that they charge the bank £450 a time to conduct their 'investigation'.

 

Onwards & upwards with Miss B and Natwest for a couple of more threatograms from Triton and then the dreaded Green & Co, RBS's in-house 'solicitors'. Horror of horrors!

 

Doc

[olliepup]

I did that with one of my creditors, i got so fed up i just sent them a letter inviting them to take me to court.

 

They never did, and haven't heard from that one since!

[Having_A_Knightmare]

Well been on my hols and have come back to a yellow slip from Allied International Credit demanding full payment.

 

Will send the cheque off tomorrow..NOT

 

Not had dealings with these before has anybdoy else?

 

HAK

[Docman]

HAK,

 

They were one of the rudest & thickest DCAs I dealt with but went quiet after 3 months.

[olliepup]

They seemed quite easy to deal with, never spoke to them, just made them a offer and they accepted then i got a letter saying they would accept 150 for a 1200 pound debt so i took them up on it.

[Having_A_Knightmare]

This has now been passed to Wescot...haha

 

Will they ever learn!!

 

HAK

[olliepup]

Hell mine from Natwest went Triton, Green and co, Wescot now AIC.

 

At the mo mine is on hold as they think they complied with CCA but i onl got an appliction form, then said i've requested a SAR when i still have the letter of their response and my cheque with their stamp on returned to me.

 

Think i may just invite them to take me to court and see what happens.

 

Mind i've asked the to stop processing my data if they can't produce an enforceable agreement.

 

But doubt it will make any differance.

[Having_A_Knightmare]

Haha

 

They have actual had the bottle and started Court Proceedings on me.

 

I think Regal credit are behind it!!

 

They have started it in my local court and not attached the agreement to the claim. (well application form)

 

Also POC are crap so have asked the Judge to throw it out.

Was going to go for Summary Judgment but as small claims might as well let them waste money in solictiors representing it.

 

Bottom line is no credit agreement, no original copy of the application form they will produce...Happy Days!!!

[olliepup]

Interesting, mine is with Regal now also.

 

Spoke to them today as they were saying they are going to send someone round on a recorded message after i asked them not to contact me by phone.

 

Anyway the girl said she would bar my number and asked why they hadn't produced a CCA, i told her this has been going on 4 years and your about the 4th DCA to have this account so go back and tell Natwest to, well that's as far as i got as she hung up on me??

 

So can they start proceedings on you with no CCA? And if it went ahead could a court go their way with no CCA present??

 

olliepup.

[Having_A_Knightmare]

Section 127 is clear.

No agreement -No enforcement

 

HAK