I would begin by sending a Credit Card Agreement request to NatWest. Include a £1 Postal Order. If they cannot produce the Agreement within 14 +2 days, you can send them an Account in Dispute' letter and withold payment until they produce Agreement.

Many thanks citizenB.

Cheers Tonk - just having that large G n T.

Thanks IGNM.

Thanks underdog13.

Good News - Case Won The bank will not be pursuing this claim. This could not have been achieved without the help of all the wonderful caggers on this site who give their help so freely and the wealth of information contained within this site - a special thanks to creditcardmug, who has always been the first on hand to give advice, and also IGNM and CitizenB. Many thanks to all.

Thanks WelshMam2009. Its encouraging to see that the OFT are taking action where creditors have infringed the legislation. I am trying to comprehend how the creditor can pursue a debt if they have wrongly defaulted and terminated an agreement (Diamond-v-Lovell), as I understand in these circumstances the monies claimed should be viewed as a gift.

Update: I have recently put the case into the hands of a solicitor as I was nervous about possibly facing another court hearing. The solicitor again requested copy of the agreement. Meanwhile claimants solicitors made an offer, reducing the balanced claimed by about one third. They also stated in their letter that if this offer was not accepted they would pursue debt through debt collectors. Furthermore they have admitted again that they cannot produce agreement. The solicitor has just replied stating that the offer is not accepted and that the claimant was not in position to bring claim pursuant to Section 77CCA 1974 and have breached CPR 7b. They request that a Notice of Discontinuance is filed and if they fail to do so, an Application for Part 20 Judgement will be made. My concerns are as follows: The solicitor has not requested that the debt be written off which, if they have wrongly defaulted me, I believe it should. The claimants have said they will pursue debt via debt collectors. Are there ny steps which can be taken to prevent this? Where do I stand legally? Any comments appreciated - thanks.

Thanks IGNM - In which case, this could be a better argument for defence than no agreement because they can't come back and take me to court again.

Hi CitizenB - thanks for quick reply. They have gone further than termination by taking me to court - they did demand full settlement. Does this mean that they can't demand anything and also, cannot have another attempt? Can I counterclaim for breach of contract and damaging my credit file or anything else?

Bump

As bank issued DN when they were in default of my CCA request, together with failure to supply all loan statements per my SAR request, can I claim damages for registering default on my credit file? Furthermore, does this mean as default was invalid they can only claim arrears?

Would this be a breach of the Banking Code, especially if they file a default notice with a CRA, and therefore they could be sued for Breach of Contract, as the Agreement would contain a Clause stating that they adhere to the Banking Code?

Hi, Welcome to CAG. You need to start a separate thread for each of your cases. Give a brief history of each case. Someone will come and help.

Many thanks CitizenB. Do you know the implications of this ie. issuing DN when in default of CCA request?

Is anyone aware of any cases where Default Notice is invalid because it was issued when Bank was in Default of the CCA request?

Thanks CitizenB. I thought the working days applied to the default period as well as posting.

Invalid Default Notice. I have just been checking the dates on the DN as I recently discovered that weekends and Bank holidays are not included in the remedy time. Can someone please confirm this for me:- Date of issue - 10th November 2008 Remedy date: 1st December 2008 If sent via second class post, this would only give 10 working days If via lst class 13 working days.

Dipply75 - did they take you to court?

Hi Dipply75, Many thanks for that explanation. My loan was taken out in similar circumstances to yours ie. pressured into making overdraft into loan and then they frontloaded about 5K interest. I planned to use the 'unfair relationship' argument and banking code in my defence. Pleased to hear it worked for you - gives me hope, if the other areas of my defence fail ie. no agreement (but this could turn up at last minute!) and mis-sold PPI.

Can I ask on what basis you claimed loan was mis-sold as I am also claiming this in my court case with the bank.

Thanks for your help steven4064.

On the agreement there was a box that had to be ticked if you wanted PPI and it wasn't ticked. Furthermore, the PPI would have been totally unsuitable as I was self-employed.

I agree - PPI was added to the loan which is why I am arguing that it formed part of the total credit which was carried forward when the loan was re-financed. As I didn't request PPI, and was not aware that it was added, I would have thought this would make the second loan unenforceable as well. If PPI is not optional doesn't it become a charge for credit and, therefore, should not be added to the total credit.

I haven't got a copy of the second agreement. I will pm details of first agreement.