Havnt had any more correspondance from anyone since I sent the above letter a month ago, good news, but im not about to hold my breath yet. I had a call at my work from RBS just after I sent the letter but I refused to take it so I dont know if it was related & I didnt hear anything more....

The next letter came from ScotCall in the form a doorstep collection notice, I am sending the following in reply; The debt you refer to in your letter has been in dispute with your client since the 25th February 2009 when they failed to supply me with a true copy of the original Consumer Credit Agreement for the account, to which I am legally entitled. As you are no doubt aware the Consumer Credit Act states that whilst an account is in dispute a creditor is not permitted to take ANY action against the account including passing the account to a third party. The lack of a credit agreement is a very clear dispute. Therefore any further correspondance received from your company will be considered unlawful harrassment & used as evidence against your client. I think that should give them the correct message !

I never received a reply from Wescot to my last letter, instead I recieved a letter from Apex Credit Management saying that I had failed to respond to their client & making a demand for payment & threatening a doorstep visit !! I have written back (signed for) pointing out the same as I pointed out to Wescot that there is no agreement & that they have no legal right to be harrassing me, I wonder which DCA the next letter will come from. Anyone know of anyone else that has experienced a similar path of correspondance ?

Its like banging my head against a brick wall, Wescot have sent me a copy of a statement of account & requested payment again. I have written back pointing out that their client still hasnt provided me with a copy of the agreement (since I requested it in January 2009, just a bit over 12 days) & therefore they have no right to request any payment etc etc etc !!! GGGGrrrrrr

Thanks IainHL I have added your closing paragraph & sent the letter yesterday via first class signed for, fingers crossed that they give in !!

I have found a letter from the company who placed the default stating that it was a mistake & they will remove it, I will send them a gentle reminder pointing out that 1 year later it has still not been corrected as well as a copy of their letter to the CRAS. Hopefully that should do the job

Ok, so Wescots response to my CCA request was to send my £1.00 fee back with a letter stating that they are acting on behalf of their client Natwest & that I need to make the CCA request from Natwest and that I have 14 days to pay them in full, lol ! I have drafted the following letter; Further to your letter dated 16th February 2010. I have attached for your information a letter received from your client Natwest in January 2009, as you can see from their letter they are unable to provide an agreement for the loan & also admit that they have insufficient records of the setting up of the loan to be able to recreate the agreement with any degree of certainty. They also go on to say that they are unable to enforce repayment of the loan. As I have already advised your client, after consideration of their correspondence & seeking advice from various third parties I have taken the position that I am unwilling to make any further repayments without a credit agreement to substantiate the balance requested, including evidence of the interest rate applied & any payment protection insurance which may have been applied to loan. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute, the lack of a credit agreement is a very clear dispute and as such your client should; · not demand any payment on the account, nor am I obliged to offer any payment. · not add further interest or any charges to the account. · not pass the account to a third party. · not register any information in respect of the account with any credit reference agency. · not issue a default notice related to the account. Also, it has been bought to my attention that your company has made searches of my credit file, I would like to reiterate that in the absence of a valid credit agreement under the Data Protection Act it is unlawful for you to process any data in relation to this account including but not limited to registering any information in respect of the account with any credit reference agencies. Please therefore ensure that you remove all information regarding this account from my records with any credit reference agencies. If anyone has anything else they think it would be worth adding id be grateful for the input, im not really sure how to round it off (in a proffesional manner) ! Cheers

They are showing under credit searches with the reason for search as Outstanding Debt !!!

Anyone have any constructive advise ?

Thanks for your post Foxy it was some interesting reading, it really does seem that Natwests loan administration is a right old mess !! I have something new to add now, I applied for my credit reports online last week & noticed that Westcom appear on my previous searches twice, once in Oct 09 & again in Jan 10 ? They cant place a default on my credit file because there is already one on there for this account !! The only thing I can think of is that they want to see if I have placed any notice of correction on the file (which I have). Anyone else have any idea what they might be up to ?

I have added a notice of correction to my credit file stating that the default was added whilst the account was in dispute

Ive just checked my credit file & have noticed that despite all my previous correspondance these guys have still failed to remove the default from my file, any advise ??

Hi All Sorry for the delay since my last post, I have been busy getting married A year on & this matter is still yet to be laid to rest. After various correspondance & telephone conversations with a seemingly reasonable gentleman at the financial ombundsman office last year, he resolved that I should have to pay any money back that Natwest demand inspite of the lack of a credit agreement, because I was not denying having benefited from the loan, even though I explained that I did not agree the amounts & according to my calucalations (in the absence of a credit agreement) had actually already repaid the whole amount plus interest. Of course I did not agree with his comments, however I did not hear anything further from Natwest for a few months. In October last year however I received a letter from Wescot credit services on behalf of Natwest making a demand for a new random amount of money that doesnt appear to bear any resemblance to any of the other figures that have been batted about by Natwest. I wrote back to them requesting a copy of the credit agreement (knowing full well that they wouldnt be able to provide it due to Natwests filing faux pas) in response I received a copy of a load of bank statements from an old account that I had with Natwest at the time I hade the loan. I am now writing back to Wescot with a full official CCA request this should give them the message that I mean business & im not going to be intimidated into paying them by a bunch of old statements. I suppose its than just a case of awaiting their reply as to wether they give up or proceed to bully with demands, as Im pretty sure by now that Natwest arent going to produce a copy of any credit agreement ! Anyway if anyone has any advise or have experienced anything similar & are further along with it, I would really appreciate your advise/comments. Cheers Mrs Titney

I have received a response from Natwest today following my CPR request letter, they basically say they have nothing to add to thier final response letter sent previously & they will await contact from the financial ombudsman or from me to arrange repayments

Thanks Newward and Davey77 for your comments, I will go hunting for the CPR template right now, also Natwest have left a message on my mobile answer phone this evening telling me I need to call them urgently, obviously Im not going to as I want to keep everything in writing but I havnt actually missed a payment yet (first one due to be missed this week) so I am curious to know what they want from me, can anyone with a similar experience shed any light on what they might want ?