Natwest/mitchell Claimform - **£15k tomlin agreed** - now they say its £23k?

[lmrn37]

Hi all

 

No doubt this has already been spoken about on here, but I'm new.

 

I took out a loan with NatWest some time ago,

everytime I seemed to go into the bank they asked me to re-juggle things and pay off the other loan and take a new one out.

All before 2007 I must add.

 

 

I got divorced and since then found it difficult to pay it.

Went the route of going through a Debt agency then started to do it myself a couple of years ago.

 

 

Paid them a small amout each month.

they then decided I wasn't paying enough and

got Irwin Mitchell involved,

 

 

the amout I was paying them back doubled as they threatened to put a charge on my house.

I agreed but then dropped it again,

 

 

I did them them I was doing this and they havent contacted me to moan.

 

 

Irwin mitchell did say that the would write off £11k of the loan if I paid the balance off straight away

(seems that they can just chuck that away or is that the interest added to the account)

 

I found this site and started reading peoples threads about unenforceable loans etc.

I yesterday sent off my CCA requesting a copy of the loan agreement.

 

Am I right in thinking that they have 12 (+2) to reply with a true copy of the loan agreement signed by me

and if they don't the loan is enforceable.

 

 

I have sent the CCA to Natwest not Irwin Mitchells as they have put in there letter that they are acting on behalf of them.

 

i have also done the same with NatWest CC also.

 

Have I done the right things sofar

 

Thanks

Edited January 6, 2009 by lmrn37

[42man]

Hi lmrn....a warm welcome to the CAG forums, and yes it seems you have done the right thing in the first instance. If they fail to respond to your request within 12+2 working days, then they are in default of your request. If they fail to respond the follow up letter is below. £11,000 off the loan sounds a good F & F (if you can afford it and get it in writing) Keep us posted.

[lmrn37]

Thanks very much. Here's hoping they can't find it eh...

[lmrn37]

Hello all

 

i know i am only at the start of the battle (if you can call it that) but I keep reading loads of threads on here about loans and credit cards.

 

What is the success rate people are having in relation to their loans being unenforceable and not going to court.

 

If the company fails to send the agreement to me and I stop paying after sending the second letter would that not help their case if they do take me to court and the agreement suddenly appears out of the blue. Or could it be argued that the agreement wasn't sent within 12 +2 days of my request and any payments that were not received by them during this period is because they had not complaied with CCA therefore not breaching any agreement I have in place at the moment. Is this my statutory right to withhold payment if they fail to comply.

 

Its all going over my head at the moment.

 

Thanks

[42man]

Keep reading the legal forums, and you will certainly become more knowledgable...

 

Legal forums - http://www.consumeractiongroup.co.uk/forum/legal-issues/

 

Legal successes - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[lmrn37]

Hello all,

 

I have had a letter from Natwest telling me that the account details where for my current account

I had with them which I haven't used for sometime.

 

 

In the account was £157.00,

I thought I would ring them up and check so did.

 

 

the operator I spoken to said that I did have that money in the account up untill 2 days ago,

after they sent me the letter and they have now transfered that to my loan account to off set that.

 

Abit naughty I think as they obviously were aware that I have the loan with them

but they have only sent the details of the loan agreement I had requested.

 

 

They stated that they did not require me to ask for details under CCA for this type of account.

They kept the £1.00 postal order I sent.

 

Surely if they have transfered the money from the current account to the loan account

then they should be fully aware of what i required under the CCA request.

 

Any ideas, they do have until Sunday then the 12+2 days are up.

 

Was going to send them this letter

 

Natwest

Credit Management Services

Kendal Court

Ironmasters Way

Telford

TF3 4DT 15th January 2009

 

 

Dear Sir

 

Sort code : Account No :

 

 

 

Thank you for your letter dated 8th January 2009 in relation to the above account.

 

It was my understanding that this account had been close but you letter states that I am in credit by £157.66.

 

I would be grateful if you could advise me how to withdraw this money as my cards were destroyed some time ago.

 

Also, in relation to my original request concerning the Consumer Credit Act 1974 section 77 and 79. The information I gave you was your reference number supplied by Irwin Mitchell for a loan I currently have with yourselves.

 

I trust that under the Consumer Credit Act 1974 the details to which I have requested will be forwarded to me within the next 7 days concerning the loan agreement.

 

As you have pointed out under the Consumer Credit 1974 section 78 the bank is obliged to provide:

 

A copy of a signed agreement (if any)

Any other documents referred to in the agreement

A note of the state of account (i.e. the balance, details of interest and charges outstanding and the applicable interest rate) signed by a representative of the bank.

 

As I enclosed a £1.00 postal order with my previous letter (which I will send proof of if required) which was not returned to me, this will be acceptable for this request. As you have pointed out the bank does not require customers to sign an agreement for an overdraft facility.

 

I look forward to your reply

[lmrn37]

bump

[lmrn37]

Well 14 days are up for the Natwest credit card, so do I send them the letter above re account in dispute?

 

Still unsure what to do about the loan one

 

Help!

[lmrn37]

Can anyone give me any advise re above please. I am going to send NatWest CC the dispute notice today but unsure what to do about the loan side of things.

 

Thanks

[42man]

Send the dispute letter.....and you can also request a copy of the agreement for the loan as well....

[lmrn37]

Does that mean I have to send a new CCA for the loan or just send the dispute letter to them and see what they say then?

 

It appears that the both accounts are linked as they transfered money from current account to loan account and havent sent me anything to say they have done that. Are they allowed to do this??

 

 

Thanks

Edited January 26, 2009 by lmrn37

[42man]

They are allowed to offset from one account to pay against maybe arrears on another account (such as a loan account). I think the account which is credit will be 'plundered' by Natwest to repay the loan account....I presume you no longer bank with Natwest, if you do it might be worth opening a parachute account...!!

[paulwlton]

Where are your accounts held?

[lmrn37]

Dont have the natwest west account they closed that 2 weeks ago after taking the 157 out. but with rbs now

[lmrn37]

I have sent the dispute letters off now to both companies so we will see what happens next

[lmrn37]

When should I start looking at SAR being sent to them. Should I do this now??

 

Thanks

 

Lee

[lmrn37]

HELP....really need advise

 

Got this today so need so advise asap on what to do next please

 

Thanks

[lmrn37]

Hopefully can read it now

 

http://i698.photobucket.com/albums/vv342/lmrn1/nati-1.jpg

Edited January 29, 2009 by lmrn37

[42man]

It's too small to read...try using Image hosting, free photo sharing & video sharing at Photobucket (free) and there is a guide here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html (delete any references that might identify you)

[42man]

Or if you can type up the POC's Particulars Of Claim (but don't be specific with the numbers)

[42man]

OK well for this amount, they will probably chase this quite hard, but if you want to defend it then you have to acknowledge the claim within 14 days on the date of the claim form, then you get a further 14+3 days in which to submit a defence....

 

But if you do and are in for a fight then in the first instance I would send this recorded delivery to the sols.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

[lmrn37]

What are the chances of them not having the agreement if they have taken it this far.

 

Rather scared to say the least

[42man]

How old is the agreement ?

[lmrn37]

It was a top up consolidation in 2005 beginning of

[lmrn37]

Also, can they apply to put a charge on my house if this went to court.

 

 

When I took out the loan I was living in rented accomadation.

 

 

Single with one child (not living with me).

 

 

I have now got my own place.

 

 

This is what Irwin Mitchell threatened me with when I first heard off them.

 

 

All I have done is not paid this months loan payment due to them not complying with my CCA request.

 

 

I posted the second letter off monday so

no doubt they got it yesterday when they contacted the court and issued the summons.

Saying that they did transfer 157.00 out of the old natwest current account

and into the loan one so one would argue that this should have covered this months payment nearly.

 

Thanks for help and advise so far