Help Nat West CCA reply

[Jaffa1961]

Hi all, can you advise my sister has had the following reply from Nat West re request for info under section 77,

 

"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 degreee of certainty this course of action requires.

 

In the circumstances we appreciate that under section 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 the repayment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind the agreement isn't void, it remains valid and your continuing default will e reorted to the credit reference agencies. Section 77(4) only orevents us from pursuing recovery of the debt through the courts"

 

What I need to know is, does this mean she does not have to pay? And what is the time limit?

[cerberusalert]

Moved to General Debt Forum.

[silverfox1961]

Well that's a clear admission isn't it

 

Basically, they can't enforce this debt through the courts nor does your sister have to offer payment. Her credit file will get screwed of course.

[cerberusalert]

What I need to know is, does this mean she does not have to pay?

Yes, they cannot take any legal enforcement although they can ask her nicely to pay. Of course she can tell them to bog off.

 

Any alleged debt becomes Statute Barred six years from the last payment or written acknowledgement (five in Scotland), after which even if they found the CCA they couldn't take enforcement action.

[Jaffa1961]

Thx all, I have advised her to write to all her creditors now. She realises her credit file will be trashed in the interim.

[cerberusalert]

Keep that letter very safe as the likelihood is her a/c will be sold on down the DCA foodchain & no doubt she'll be contacted again.

[Bazooka Boo]

You could always make a very low F&F offer of payment to them, say 1 or 2% of the total outstanding in return for them marking the credit file as satisfied and written acknowledgement that the remainder of the debt will not be sold on to DCA's for collection.

 

Or just ignore their pleas for payment...

 

As for trashing your Credit Files, as they don't have the documents required to do this, it will be a breach of the DPA and should be reported to the ICO as such..

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254802-no-cca-processing-your.html