Thank you all for your replies. Chancellor, they are taking money directly from my overdraft (which I am very careful never to use), I made sure to clear my account all bar about five pounds so they couldn't grab it- I am now going to be hit with extortionate charges on top of everything else. God I feel like I'm drowning. I am stunned that they can just reinstate a cancelled direct debit; it makes a mockery of the term cancelled. These **** really are a law unto themselves: they didn't even give me any notice as PGH7447 said they should, I only found out by checking my account online. It's a good job there are no cliffs in Norfolk - I feel like chucking myself off one.

Natwest have reinstated two direct debits for loan payments to them despite my having previously cancelled them:mad:. Can they do that? Surely they must have broken some banking codes or something? Please, please help with this guys, otherwise I am just going to have to phone them and I don't know what I am doing, quite frankly. It would be great to have some definite knowledge to use as ammo against them.

On checking I have found that Natwest have reinstated my cancelled direct debits without my permission! Can they do that?? Please, please help with this guys, otherwise I am just going to have to phone them and I don't know what I am doing.

I've lost my job and can't make my loan payments with Natwest - I cancelled the direct debits and sent off a CCA request about a week ago. On checking my account I found Natwest has taken the two loan payments from my account anyway, making me hundreds of pounds overdrawn. They gave me no notice whatsoever of this, I only found out when I checked my account online. Don't they have to at least notify me? To make things worse, the idiot at the post office sent my letter to Natwest loan department to a PO box, despite my writing a specific address on the recorded delivery letter - surprise, surprise, the letter has not been delivered. Please help - what do I do now?

Thanks 42man - the 12 working days is not up until 24th October. Just worried what they might do to me if I "continue to ignore their requests for payment".

I am currently waiting for my creditors to supply me with the necessary documentation required by a CCA request; question is, do I offer to make token goodwill payments or continue to make no payment (I have missed one or two payments so far, due to job loss)? I haven't contacted them yet apart from sending CCA requests. I own my property (mortgaged) and don't want to incur a charging order if I can avoid it.

Thanks for clearing that up 42man!

Thank you both Tinkerbell20 and 42man. I had heard that the creditor did not need to provide you with a signed copy to satisfy a CCA request but had to provide it before seeking enforcement in court. Sorry to be so dozy but this is really confusing to a newbie - is it the case that they have to provide a signed copy of the executed agreement if they have one to satisfy a CCA request, or can they get away with sending you a blank apllication form (as I hear is often the case) to satisfy the CCA request?

Is it correct that because section 127 was removed from the 1974 Act by the amendments in 2006 Act, that a creditor does not have to produce a signed copy of the original agreement to gain enforcement? Please tell me this is not so!

Thanks for your reply Veester - it's always interesting to hear other peoples' views on this.

Any thoughts on how the tax payer bail out of the banks will affect negotiations relating to non supply of properly executed CCAs and unfair charges? Do you think it will be easier or more difficult to achieve the results we desire?

Thanks for clearing that up Rory32 - I guess the person I heard that from was off on a tangent:rolleyes:

I know there has been a lot written about whether an application form counts as an enforceable agreement if it contains all the prescribed terms, etc, etc - but I have heard that section 59 of the Consumer Credit Act 1974 states something to the effect that an application form is NOT an agreement - can anyone clarify this please?

CCA requests sent off today by recorded delivery. 12 working days will be up on 24th October. I will post up any results as and when they arrive.

Thanks, make them aktiv runners. I've got all the info I need now to get the ball rolling. Fingers crossed!

one last thing - who do I make the postal orders payable to? For instance, in the case of Natwest credit card, would the payee be 'Natwest' or 'Royal Bank of Scotland'?

many thanks 42man for the address info and the thread; it made very interesting reading.

something I forgot to ask -should I send the CCA request to the registered offices of each company or to the customer services division?

That's really encouraging - thank you both make them aktiv runners and Rory32. I've had a further development this morning; two bills from MBNA informing me that I am in default of the agreement as I have broken the terms by going over my limit - the limit was exceeded because of their huge interest charges. Am I right in assuming that I cannot be in default of an agreement that wasn't valid in the first place (if the properly executed CCA is not supplied)? In addition, the MBNA cards were originally taken out with Bank Of Scotland and sold to MBNA - any chance that will make them less likely to be able to produce the original CCA? I will send off the CCA request with postal orders and keep you posted as to what transpires!

not sure what grounds they were claiming - read it on someone else's post. Very alarmed to hear that Royal Bank of Scotland keeps all cheques signed in past 6years - can they use these to scan my signature onto a faked up CCA?

Many thanks to you both Chancellor and Rory 32. I will send off the cca request and see what happens - I've heard they can't take the roof from over your head, even if it proceeds to court (hope that's correct). I've read that RBS is refusing to accept postal orders - don't want to send them a cheque as it will carry my signature; any advice? Kind regards, ex-underdog;)

A template would be helpful as I don't know whether I should state 'I do not acknowledge any debt', as prescribed in a lot of template/examples (I've been making minimum monthly repayments until I lost my job recently). The debts are still with the original credit card companies and date from 1998 (Natwest) through to about 2005. Creditors are MBNA, Halifax/BOS, Mint, Lloyds and Tesco. Thanks again, Rory32

Many thanks Rory32 - I didn't expect such a quick reply; guess I'm not the only insomniac out there, lol. It is heartening to have some positive feed back - was beginning to think after reading some posts that I didn't stand a chance. What sort of tone/approach should I use with these Rottweilers - throw them a bone or tell them sternly to SIT?

I was all set to fire off CCA requests to my credit card co's; now I'm not so sure I should, in light of the Rankine case, etc. I previously thought that an application form did not qualify as a CCA, now it seems in some cases they are demed to be. Creditors seem to be much more aggressive and litigous in light of Judge Brown's ruling. I desperately need help with my finances, but I don't want to provoke creditors and make my predicament worse -please advise! Has anyone had any success with unenforceable CCA's lately?