Thanks Ida, you're a star Blue x

Hi, Anyone got any thoughts on the above letter? Thanks Blue x

Hi Guys, Just to keep Westcot and Natwest off my back until I finish reading ptr's long thread on CPR 31.16 and until the ICO get back to me, I'm thinking of sending the following to them. Has anyone any thoughts on whether this letter sounds okay or not? I've cobbled it together from previous letters sent. Dear Sirs Thank you for your recent letter, the contents of which have been noted. I believe that your client has failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account, and therefore this account is In Dispute. The document they are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your client and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, your client is also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. The document your client sent me is a typed copy of an agreement that does not cannot my ex-husband’s or my signatures and therefore I cannot verify that this is a true copy of the original agreement. On xxxxx and xxxxx 2009 I wrote to your organisation requesting that your client supply me a copy of the agreement for my account. My request extended to the full agreement which bore my signature. I must stress these requests were NOT made pursuant to section 78 Consumer Credit Act 1974 but were made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances. I enclose a copy of both letters which were sent for your information. I note that to date I have not received a reply from your organisation or your client nor have I received a copy of the agreement which I requested. In view of the circumstances I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as your clients. Therefore I would ask that your client provide me with a copy of the contract which bears my signature; I require the complete document with all its parts. The reasons why I require this information are clearly set out within my original letters, but for clarity I require this document for the following reason: - 1. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed Since this matter is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3) © & (D) which gives the court the power to order you to disclose this document to me. The disclosure of these documents will allow me to consider any claim I may have against your client and will allow for the matter to be dealt with, possibly without the need for costly litigation. Therefore I again ask that your client provide me with the documents which I have previously requested. I do not consider this request unreasonable and therefore if your client fails to comply with my request I will be left no option but to make an application to Bath County Court for an order made under the provisions of CPR 31.16 ordering your client to disclose the documents which I have requested. Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary. Please note that this account remains in dispute and as a creditor you should be aware that you are not permitted to take any action against this account. The lack of a credit agreement is a very clear dispute and as such the following applies: · You may not demand any payment on the account, nor am I obliged to offer any payment to you · You may not add further interest or any charges to the account · You may not register any information in respect of the account with any credit reference agency · You may not issue a default notice related to the account I reserve the right to report your actions to any such regulatory authorities as I see fit. Please confirm by no later than xxxxxx 2009 that your client will comply with my request or if they will not comply, please provide their reasons in writing.

Ida, Thanks, will start reading the thread again to make sure I follow it correctly. Do you think its worth writing to westcot and inform them that the account is in dispute because natwest failed to comply with the two CPR letters? Blue x

Hi Ida, Yes, letter 2 sent and they never responded to either letter apart from telling me to pay up or they may take me to court, and to say that the account isn't in dispute. Blue x

Ida, Thanks for replying. I have already sent that letter and got no response from them. Blue

Hi, Received a letter today from Westcot basically saying they refuse to acknowledge my account is in dispute as they have supplied the CCA (see page 2 of this thread) and I should now send them a full payment. Is there anything I can do as I don't believe they have sent me what I asked for. I would like to see the original CCA not something I could type up myself!! I'm tempted to just ignore them and let them take me to court because then they would need to produce the original document - any thoughts? Still no news from the ICO re the SAR yet. Thanks Blue

Hi Elsa Many thanks for the info, I'll get onto them today. I was thinking the same thing about the CCA, surely if they had a copy and they think its totally enforceable they wouldn't have any problem in sending it to me. I'm sick of all the hassle and at the end of the day I was quite happily paying them £5 per month until they took the file back from BCW and didn't have the decency to contact me and let me know for over a year!! Anyway, thanks again, I'll post up the reply I get back from the ICO. Regards Blue x

Hi, Has anyone got any advice as to what I should do next re Natwest reply to SAR in above post?

Hi NatWest have returned my postal order and have given the following reply to my Subject Access Request - Dear blueknight We acknowledge receipt of your recent letter requesting your personal data held by the bank and payment of £10.00 fee. The signature you provided does not match our records. Please send evidence of signature to allow us release requested information and please also visit your local branch and ask a member of staff to update your signature. In order that we can deal with your request we require consent from the joint signatory on the account. Please provide use with a letter of authorisation from Mr XXX, as we cannot release joint information without the consent of all parties. In the interim period, we return your original request and payment and would be grateful if you wish to progress that you return these papers with the missing information requested above. On receipt of these, we will verify your signature and any information required to be provided to you under Section 7 of the Data Protection Act will be forwarded to you at the above address. If you have any queries relating to this matter please do not hesitate to contact me at the address shown above. Yours sincerely, Joyce E Tudor Letter was pp'd but I can't read the signature. Can anyone give me any advice on what to do next? I know somewhere on the site another user had the same problem, but I'll be damned if I can find it again. I have no intention of going into a branch to verify my signature and I'm not surprised it's different after nearly 11 years, also I have no idea where my ex-husband is nor wish to know, so I certainly won't be trying to contact him. I've also just realised (not that it probably has any relevance) by the time my ex defaulted on this loan, I had no access to the account - he defaulted in Jul 99 and I stopped using the account in Jan 99. I wrote to NatWest at the time and informed them of this and returned all cards and cheque books to the branch, not that it will mean anything to them as they'll still continue to chase me as they see me as the weakest link. blue

42man, Thanks for the reply. As far as I am aware, Westcot are collecting on behalf of Natwest. Will send both letters of first thing tomorrow. Thanks again. Blue

Hi, Can anyone advise whether it's worth sending a SAR to Natwest and an account in dispute letter to Westcot?

Hi pmhcfc, Thanks for the response. I never sent the account in dispute letter. Can this still be sent now that I've sent the two CPR letters? blue

Hi everyone, After sending two letters under CPR, I never received anything back from Westcot until today. They have now sent me a lovely red Final Notice telling me that unless I make payment in the next 14 days a summons may be lodged with the County Court. I've been reading through PT's very long thread but as I can't remember the exact dates or how much the exact loan was for am having a bit of trouble knowing what to write on the witness statement or really knowing what I should be doing next. Can anyone advise what I should do? Should I ignore their letter and wait to see what they do? Sorry for sounding so stupid, but this legal stuff confuses the hell out of me. Kind Regards Blue

Ida, Many thanks for the letter. I had asked Westcot for a true copy under the Civil Procedure Rules as all they sent me after my first request was a typed copy. I gave them 21 days to reply, which has since past. Is your letter the one I need to send in these circumstances or is there another one that can be used as the second request I sent them wasn't under the s77/78 of the 1974 Act? Sorry for being a pain, but all this is quite confusing. Blue