what would be a reasonable final offer? the original debt was 10k business loan and as they cant take me to court, could i just ignore it? and just accept my credit rating will be poor for 6 years?

i Sent the letter template that postggj kindly gave me near the top of this thread, over 14 working days later on 5th of june i recieved their reply. in response to my letter they are agreeing with me that they cannot enforce the debt in court, but are stating they dont care as they can still report the default to credit reference agencies, hand it over to debt collectors ect scary stuff. theres information on the test case they are quoting on this link Important News - The Total Law Firm - Keith Park Solicitors this is the letter Re: request for information under section 77 of the consumer credit Act 1974 Loan account: *********** Further to your letter dated 7th of may 2010, we have previously explained that until we comply we our obligation to send you a copy of your credit agreement pursuant to S.77(1) of the consumer credit act 1974 ("CCA") we cannot enforce your credit agreement through the courts. That is not in dispute. We would ,however, remind you that whilst we are currently unable to take legal action to enforce the loan this does not affect the validity of the underlying debt. Section 77(4) of the CCA does not make the agreement void, therefore asthe debt still exists we are entitled to carry out any actions that do not amount to enforcing the agreement. This was upheld in the Recent case of MCGuffick V Royal Bank of Scotland plc. We therefore reserve our right to register any default with the credit reference agencies in the event that you fail to make repayments as they fall due. In respect of your claim about the meaning of the 'dispute' we agree that the agreement is unenforceable and we can prove that we lent money to you which has not been repaid so neither of those facts are in dispute. We are also entitled to demand payment, charge interest, transfer the debt to a third party, register the debt with a credit reference agency and issue a default notice. Indeed we are legally obliged to issue a default notice in accordance with s.87 CCA. This is also explained in the Courts decision in MCGuffick. Regaurding your request under s.10 of the Data Protection Act 1998 ("DPA") we refer you to s.10(2)(a) and Schedule 2, Paragraphs 1 and 2 (a) of the DPA. Given that you have previously given consent to the processing of your data in relation to your loan agreement, and we need to process that data in order to manage and operate the loan and comply with our legal obligation under the CCA to issue notices and statements in relation to the agreement, we are unable to comply with your request under s.10. yours sincerely customer service associate they bluffing , or is it checkmate?

please help,

sorry what do you mean same again? as in send the first letter you suggested with no amendments? or send this letter template you just suggested to csi rocks?

everything is getting confusing now POSTjj you state "Letter when a debt collection agency refuses to comply with a CCA request" the letters im refering to, have come directly from the Nat west not a debt collection agency, which letter do i send? :S im confused? and u never answered on the 12+2 day question?

Ahh oki i understand now, One other thing! i forgot to mention in my original post that in the letter they sent me where they state they have misfiled the original loan agreement they DID send me the following 'statement of financial information' which had the following Name- trading name ***** loan account number ***** sort code ***** total loan amount ***** balance drawn on * **** repayments due monthly thereafter of : ***** Total amount paid to date ***** total sum that remains payable on these arears ***** missed payments and dates are as follows ***** And 'Other non statutory information Interest rate **** personal loan protector premium ****** loan protection insurenace cancelled 22/09/2008 Insurance rebate- 1,205.10 ( WHICH IVE NOT RECIEVED) and then they finish with, "Notwithstanding this the loan remians VALID and we expect you to continue to meet your obligations under the agreement. we should point out that if you do not resume making payments we will report the default to the credit reference agencies in line with guidance issued by the informations commissioners office" DOES any of this information i failed to mention in my original post change the template letter whatsoever? maybe to do with this? ---"Failed to send a full statement of the account and Failed to provide any of the documentation requested" and one last question the (12+2 days) im presuming this is 14 working days? so if they recieved my first letter on the 22nd of feburary then they defaulted on the 15th of march? thanks VERY much again

postggj your last post has just confused me slightly, 'the criminal offence bit is no more now also'? could you do me a small favour and just delete your sample letter and repost it with the amendments, i dont know which parts to change and which ones to keep

PLEASE HELP WITH MY NATWEST LITIGATION on the 22nd of feburary i sent a contract challenge to nat west asking for the following under section 77 of the consumer credit act 74: A copy of the loan agreement Account transaction history, statements and interest rates charged (APR) A copy of the original application form Terms and conditions relating to the account All correspondence relating to this account The accounting procedure used in formulating the agreement i.e. validation of the debt and its structure. The actual accounting process. Prima facie evidence identifying whose asset was used to initiate and fund the account, in question, in the first instance. A copy of the contract binding both parties Verification of the claim against me i.e. a sworn affidavit or invoice. They did not reply within 12 days of this letter so on the 24th of march i sent a second letter Re-requesting the above information and informing them that " to date no such information has been presented and as a consequence you are therefore in default. Where the default continues for one month you the creditor commit an offence under the Consumer Credit Act 1974." on the 29th of april i finally recieved a Reply from nat west Stating "I refer to your letter of 16/03/2010 making a request under S.77(1) we regret to advice that te loan agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply fully with your request made under s77(1) of the Consumer Credit Act but we are able to provide you with a statement of financial information which is inluded below." Now i have electronic royal mail proof that they recieved my letters on 25/03/10 and 23/02/10 NOT 16/03/2010 for is this some sneaky bankster trick? , Secondly because they cant find my loan agreement is this debt legally enforceable? Thirdly since my first letter,. which points out the loan is in dispute they have added missed payment charges , interest on arrears Ect are they allowed to add charges on to the account while its in dispute? and finally they write "notwithstanding this the loan remains valid and we expect you to continue to meet your obligations under the agreement. We should point out that if you do not resume making payments we will report the default to Credit Reference Agencies ("CRA's") in line with guidance issued by the Information Commissioners Office." can they default me to credit agencies? when i have stated clearly that: "I will be happy to pay any financial obligation that I might lawfully owe as soon as I receive the following documents below:" (1-9) Finally on this letter i recieved it also states the following: "Other non statutory information- Interest rate 11.8%APR, Personal Loan protector Premium- £1,205.10 , Loan protection Insurance Cancelled 22/09/2009 Insurance rebate 1,205.10" to this date i have never recieved a insurance rebate? where shall i proceed next?