So folks... sorry to keep posting like a headless chicken... Do you think I need to apply on an N244 to set the judgment aside?? I am not really sure what this is... am just lookin into this now.

I don't understand it really... is it perhaps because I signed the court form (right at the beginning of this thread) saying I owed the full amount... before I read up on it all and wrote the letter saying I withdrew my admittance and that I intended to defend the claim?

I now feel anxious and a bit shook up to be honest. I can't believe they have been sneaky... droppingthe court case when they realised I was onto them about the lack od CCA... and obtaining a judgment for the full amount. There is a warning on the bottom of the court letter... saying 'If you ignore this order, your goods may be removed and sold, or other enforcement proceedings may be taken against you. If this happens further costs will be added.' Oh crikey... I've gone from being worried... to relieved... now back to worried again. This £6k they have gained a judgment for is made up on one defaulted Natwest loan which they have no CCA for, 2 overdrawn defaulted Natwest accounts which spiraled out of control with lots of £38 and £40 charges. I am going to read up on this and see what I can do. I understand I owe them money and should pay it back... but I hate the sneakiness... and all the charges they are expecting me to pay too... when all along I have offered to make token payments.... what I owe them has escalated to a stupid amount. arghhh... now I feel stressed!

The Barstools... They have got the judgement!!! 'JUDGMENT FOR CLAIMANT (AFTER DETERMINATION) To The Defendant You must pay the claimant £6,086.28' (that's the 4 grand I owe then, plus the charges they have added... and the court costs). 'The first payment to reach the claimant by 22 Aug 2009' Bugger... What do I do now???

And you send them this in a letter... or is this what you would add in you POC if you were to take them to court? They wouldn't pay up of course... especially as they are asking me for money....?

cheers folks. I will check with the court to be on the safe side. babybear... as far as 'wasted costs', I am not sure what you mean. Also... in post 35 you talk of 'copying Natest into my complaints'. I am a bit lost about this comment. Do you mean to add this information into my file if I were to take them to court?? I haven't begun any proceedings against Natwest regarding the request for a valid CCA... I was just trying to get them off my back for trying to take me to court over the defaulted loan I have with them. Please explain if I am missing something. Sorry to sound confused... Many thanks

Have sent the edited version of the letter below to Capital One Dear Sirs, RE Account NO XXXXXXXX Thank you for your letter dated xx/xx/2008 the contents of which are noted In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request. If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you. However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this? As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. I look forward to receiving the documentation requested Regards Print dont Sign ** Edit as needed

Hi all... So I had the letter from Natwest saying they have 'misfiled' my credit agreement. I wasn't sure what to do next... then today I had this letter from Incasso: 'Dear balrdi blar Ref: Natwest We refer to the above matter and enclose a copy of the Notice of Discontinuance which was today filed in the County Court Bulk Centre. We trust the above is satisfactory Incasso' So... the court case has been dropped.... Phew!! So peeps, what do I do now... carry on paying the £1.00 token payment... or just stop everything and ignore it all being as they haven't got a credit agreement?? I am releaved about the court case. I thought I'd made a real boo boo by orgianlly sending it of admitting I owed the amount. So thank you everyone for your help in this... I couldn't have done it alone. Big CAG love all round. xx

Brilliant... I like the idea of constant fax's... bring it on!!

No that important really... I certainly wont be applying for any credit in the near future... (or even in the distant future) and as far as my mortgage goes... I was a little worried about when my fixed interest rate runs out (May 2011) and I may have to re-mortgage with a new product... but to be honest, my rate was fixed so high that all being well, when the product is up for renewal... the base line should still be a lot lower than what I am paying, so my payment should drop without me having to remortgage (fingers crossed).

So I report Natwest... and what do I say to Natwest?? Inform them that I am reporting them?

I have posted here and there about Cap1... but thought it best to start a thread that follows the progress of my cap debt problem. I have got a capital one card that I have defaulted on. Change of circustances so we have had drastically less money coming into our family at the moment... resulting in all of our accounts going into arreas. I have written various letters to cap 1 regarding my finances... have dealt with millions of phone calls... have requested they accept a token payment until my circumstances pick up... and have paid them a £1.00 per month token payment for 4 month even though they refuse to come to an agreement with me. I am still being charged e£12.00 every month for late/partial payment fee and £12.00 for an over-limit fee. On the 9th July I sent a CPR and a CCA agreement (got a bit mixed up... ended up sending them both)... Today I received this letter: Thank you for your recent letter Unfortunately I am unable to action your request because you have not signed the letter you sent to us. Please send in your letter again with your signiature on it. If you require any help, please call our specialist account managers on our freephone number.... Calls may be monitores and recorded for training purposes Your Sincerely Senior Manager My next step is to find out what to do next... Maxine

Hmmm... the scan came out a lot smaller than I thought... bugger! Anyway... I had a letter from Natwest today which says: Re: request for copy of credit agreement under section 77 of the consumer credit act 1974 "Dear Mrs sparrowbottomburp We write with reference to your recent correspondence... blar blar We regret to advise that the loan agreement has been misfiled and despite searching our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires. In the circumstances we appreciate that under s.77(4) of the CCA if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement in't void, it remains valid and your continuing default will be reported to the credit reference agencies. S.77(4) only prevents us fromn pursuing recovery of the debt through courts. Please contact the obove office to sarrange repayment of the loanaccount if you have not already done so. Recovery action may continue if we do not recieve an acceptable payemnt offer. We trust this clarifies matters; should you have any further queries please contact the Office at the above address. Recoveries Manager Ding don doogle" So... hmmm... interesting. I shall be reading up on what to do next. Maxine

Hi GM Have you read this thread? http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/171391-davey77-capital-one.html although Davey's circumstances are different... what you are trying to get out of them is pretty much the same... so it might prove good reading and give you some ideas about the next steps to take. Maxine

did both... CCR went on the 8th... and a CPR went today... they will probably be baffling by the two separate requests... but at least they have both requests. Will just have to wait and see what happens next. I have also sent SAR for statements, then I can work out how much of the 5 k they are taking me to court for is made up of charges. How will affect my chance in court?... defending a claim against me which includes charges, when the unlawful charges argument is still up in the air?? scan error page. http://i121.photobucket.com/albums/o217/maxine989/natwestCCAletter002.jpg

Ok... thanks... I'll do CCA... then if I get no luck with obtaining the signature copy agreement, I'll send the CPR.

Hi I am i the process of looking at all my out of control debts and trying to get the DCA's off my back... I am in a situation where I can't meet the contractual payments anymore due to various financial circumstances and most of my creditors are hounding me to pay... some have agreed the £1.00 token payment thing, others are still writing and calling all of the time. I am still trying to get the general jist of what I should do... and what I can expect to happen during this process. But I am confused about the first few stages. Am I right in thinking that to start the ball rolling I should request copy statements regarding the said accounts to see if they have been adding unlawful default charges? And at the same time send a request for a copy of the original credit agreement? What is the difference between applying for a CCR pursuant to section 78 Consumer Credit Act 1974 or applying pursuant to the Civil Procedure Rules? Does it matter which template letter I use? I am a little confused... Any help/advice is greatly appreciated. Thanks

subscribing. Well done!

Am I right n thinking a CPR means Civil Proceedure Rules? Do I need to ask for this? As I have already sent off the CCR in yesterdays post... do I wait to see what NATWEST send me or send another letter today, referring to yesterdays letter but requesting an agreement which bears my signature made pursuant to the Civil Procedure Rules?? I don't want them to think I am nuts by sending loads of letters unnecessarily.

Called court... no judgement entered as yet. So I wrote to Incasso LLP: 'Incasso LLP Trafalgar House 29 Park Place Leeds LS1 2SP Your Ref: XXXXXXX Claimant: National Westminster Bank PLC Defendant: XXXXXX Claim Number: XXXXXX Dear Sirs I am in receipt of your County Court claim form dated 1st July 2009. I wish to inform you that the admission form sent to you on the 3rd of July 2009 was completed before I realised I had a defence and therefore the admission is withdrawn. The acknowledgment of service has been returned to XXXXXXXX County Courty stating that I wish to defend the claim made against me. Your Faithfully, XXXXX' Also sent in acknowledgement of service into the county court, ticking the box that states 'I whish to defend the claim'. And finally today I also sent a CCA request and a £1.00 postal order to Natwest regarding the three accounts in question. Next job - to send a SAR to Natwest for last two years worth of statements for all three accounts. Anything else I should be doing?

'I own my debt - I do not own the sharp practices that caused it to become even more onerous and devastating and which have refused to support me in repaying that debt'. Well said!! I have a hard job convincing my hubby that everything will be ok. He worries far more than me. Although I still have moments of 'oh lordy how are we going to survive this'?... as the car breaks, the boiler stops working and the there's no money in the pot for this weeks food shopping... I have come to realise over these last few years of financial hardship that worrying just makes you ill and spoils your life. With the support of CAG, and it's members, our friends and family, financial problems are shared and we can feel well supported on here. And as for the car and the boiler.... well, it's summer and there's nowt wrong with walking!! My avatar... ha ha.. yeah... Commonly known as 'wofter' to a few other fellow Caggers. He seems to be in 'oh my giddy aunt' turmoil with the financial struggle of life... but is merely batting away those parasites!! ha!

Ah... I see. Very good!

Hi folks Yes there were charges to the current account and the loan account... amounting to a fair few hundred. I'm just in the process of ordering copy of statements for last two years (my charges had already been refunded prior to this time when I made a claim for them back in 2006/07). Without sounding like a dumb ass... How will I defend? Obviously I owe the money and have defaulted on the loan and currents account... so what on grounds can I try to defend?? I have just tried to call the court to see if they have entered a judgement, but it is engaged... will try again in a bit. Thanks for the advice so far... am starting to feel a lot better about it all.

Vultures *cawk cawk*

Yes the charges are £190 court fee and £100 solicitors costs. Gulp!!