Advise needed, next step

[cashins]

Hi

 

Situation is: £9,500+ NatWest C/Card (taken out 1998?) debt, defaulted 18 months ago, been on a v. small arranged payment, 1st through Westcot, then Newmans, until...... Stopped paying & sent CCA. 14 + 30 Calendar days, timed out, 11th Jan. No Agreement from them or any contact.

 

So far so good!!

 

But what if, at some point Natwest say: 'Newmans never informed us' or 'Oh, here it was all the time' What's the legal position on this?

 

Interestingly, (checked early Jan), it does not appear on Equifax, Experian or Callcredit.

 

Question is, do I go after them, or just sit pat?

 

David

[ScarletPimpernel]

Sit tight.

 

Newmans have a duty to comply with the CCA request, whether they bought the debt, or, as seems to be the case here, they are acting as NatWest's agent. How they do it is a matter for them, but one would imagine that the obvious method is to ask the OC for it.

 

If NatWest claim that Newmans failed to pass on a CCA request, then you should advise them to take it up with Newmans, who are responsible for their own administration. If NatWest suddenly produce a valid, compliant agreement at any time then they can enforce it in Court.

 

The most likely scenario, however, is that the reason it's all gone quit is that they don't have an agreement.

[cashins]

Thanks SP.

 

My thinking as well, (unless someone can tell me different), is wait and see.

 

This was on a small arranged payment with Westcot for some time, until a payment was missed (not my fault). It was then taken away from Westcot, (they told me this), and given to Newmans. Hence where we are now. NatWest, (through Newmans) have not been paid anything since October. I would have thought that they would have done something by now.

 

I had thought to section 10 NatWest, but not much point, as at present the account is just not recorded with any of the CRA's. If it does appear, I will do something about it.

 

David

[ThisVeryMoment]

The debt still exists. What are you going to do about paying it off?