Natwest Mastercard account - Is this correct for a 1985 CCA request return?

[tedney]

Hello Everyone!

I had a Natwest Mastercard account, which was defaulted in 2006.

I have been paying off monthly sums direct to Natwest every month since,

no PPI and interest not being added.

Late payment and overlimit fees of £175.00 unclaimed to date.

Account balance approx £8K

 

The account has never ever been shown on any CRA reports, even before defaulted.

 

Natwest have now advised that they have now "partnered" with Wescot Credit Services,

who will now "manage" the remainder of the repayment plan,

and that I should continue to maintain payments direct to Natwest.

 

In view of this, I made a CCA request under section 78 (1).

 

Their response to my CCA request was,

as the account was opened prior to 19th May 1985,

that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 applies to the account,

and it is therefore sufficient for them to send me a copy of their current terms as a "true copy",

and therefore the agreement is enforceable.

 

The copy that they provided is headed "Credit Card Agreement regulated by the Consumer Credit Act 1974,

and is on the reverse of a "Replacement credit card" letter, addressed to me at my current address,

not at the address where I lived at when the account was opened.

 

Are they correct in their view that the agreement is enforceable?

 

As usual all comments welcome.

Thanks

t

[dx100uk]

we've seen this before here:

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=account+was+opened+prior+to+19th+May+1985&sa=Search+CAG#gsc.tab=0&gsc.q=account%20was%20opened%20prior%20to%2019th%20May%201985&gsc.page=1

[tedney]

we've seen this before here:

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=account+was+opened+prior+to+19th+May+1985&sa=Search+CAG#gsc.tab=0&gsc.q=account%20was%20opened%20prior%20to%2019th%20May%201985&gsc.page=1

 

Thanks for that DX, I will have a read through.

t

[dx100uk]

There are other ones too

 

Dx

[tedney]

There are other ones too

 

Dx

Having read some threads, am I correct that Natwest have complied and satisfied my CCA request, but the agreement that they supplied would probaly not stand up in court, if it ever came to a claim?

Thanks

t

[Andyorch]

Its never going to be enforceable from 1985 they don't have it...they may think they have complied with your request but from what you state they provided sounds also like a fail.

 

Andy

[tedney]

Its never going to be enforceable from 1985 they don't have it...they may think they have complied with your request but from what you state they provided sounds also like a fail.

 

Andy

Thanks for that Andy

Do you think I should write and tell them I disagree with their view, or would it best to wait and see what transpires, if anything?

I am thinking of the latter really.

Thanks again

t

[Andyorch]

No ...don't give them the heads up...gives them time to rectify...if possible.

[tedney]

No ...don't give them the heads up...gives them time to rectify...if possible.

Thanks again, OK, I will sit and wait again!

Don't know if you have seen my PM's, but I would appreciate your views and comments on my other NW thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?266247-natwest-summons-for-joined-overdraft-and-loan/page12

Due in court first week in August.

Regards

t

[Andyorch]

Yes I have got your PM Ted..just not had the time as yet.....I will get to it shortly.

 

Regards

 

Andy