nat west-Intrum Justia-Fredrickson - Please Help

[The Lantana]

Adjust your letter to RBS / Nat West to read that when they passed your account to IJ you cca'd IJ and that no cca has been forthcoming and in response IJ passed the account back to RBS / Nat West.

 

Alternatively just cca RBS / Nat West afresh - but you shouldn't have to, I'd just copy the IJ cca letter to them.

 

The sar should throw up copies of any agreements they hold, but it's always useful to have a s78 request too as this is required under the CCA74.

 

Regards

 

Lantana

[moneydragon]

Hi all

 

After submitting a complaint to FOS in May, I have today received their outcome. FOS state that under the circumstances my complaint would be unsuccessful. Nat West have agreed that it should have responded to my request for statements. These are not issued to an account holder when a debt has been passed to a third party for collection. Information about the status of the account can be provided by that third party (pretty difficult when it is passed on and on to third parties). Nevertheless. NatWest could of been more helpful to me and FOS have managed to obtained statements from Jan 07 - Sep 07 ( why then are they unable to provide statements further back?) They state that no payments have been made since June (correct as account in dispute) however there is a debit of £1 applied and Nat West has not been able to explain the entry (cca doh).

 

As for Nat West being unable to provide a copy of my original credit agreement FOS have obtained and enclosed for my information, a copy of the form of agreement applicable to my account, incompliance with the Consumer Credit Act 1974. Although this is typed up with my details No Signature - is this binding?

 

Oh nearly forgot for my inconvience NatWest are going to give me compensation of £50.

 

Any thoughts;)

[AndyOrch]

Hi

tell them what to do with the £50.00 You would not see it anyway. It would be credited back to the Unenforcable Account Amount.

No sig Unenforcable Recreated agreement. Nat west were still on gas in the 1980s good try though.

 

 

 

 

Regards

Andy

[Having_A_Knightmare]

Just proves what a waste of time the FOS are. Scared of the banks

[The GodMother]

Hi,

 

Do you still have the letter to say IJ returned the case back to nat west?

 

If so u would copy it and send it with the letters you rwrite to fredrickson and RBOS

 

Yours

 

Chrissi

[moneydragon]

Just to update you with the latest and of course if someone can please give me advice what to do next.

 

Finally I have received all my statement for the last six years from nat west and there appears to be no charges added to the account.

 

I have still not received a copy of my credit agreement though. However, Nat West state "that they are unable to provide as the account was opened in 1980 and they only legally hold them for 6 years.

 

Further information received regarding whether statements are sent once an account is sold to a debit collection agency. It was confirmed that the account is not sold to Intrum Justita but they are dealing with the account. When this happens statements and correspondence are not sent by the bank at this stage."

 

They also state Each Debt Collection Agency will have their own process that they follow and to date, matter have not been passed to the courts nor legal action taken.

 

Oh and they did not enclose the £50 compenstaion.

 

Happy New Year to everyone.

[moneydragon]

bump

[moneydragon]

Hi

 

This saga continues with Wescot now pestering me the first few letters I batted back as I did with Fredrickson however these are like a dog with a bone!

 

Two weeks ago I received correspondence from them stating that as I had paid in the past then I have admitted liability to this. I replied stating that Nat West still have not complied with my original request and as they keep hounding me I enclosed a cca request from them also asking them for prooof of assignment.

 

Today I received from Westcot a red final notice unless I make payment within the next 14 days a claim form/summons may be lodged with Hull County Court and subsequently issued to me for payment of the outstanding balance plus all statutory legal expenses.

 

What can I bat back as by the time the 14 days are up westcot still wont of supplied me with my cca requst and then they too will be in default. - Please help:confused:

[rory32]

I would ask for a copy of Westcot's complaint procedure in writing and also make a complaint to the OFT under the Consumer Protection from Unfair Trading Regs 2008 http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/

 

Also inform Westcot that you have done this.

[moneydragon]

I would ask for a copy of Westcot's complaint procedure in writing and also make a complaint to the OFT under the Consumer Protection from Unfair Trading Regs 2008 http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/

 

Also inform Westcot that you have done this.

 

Thanks Rory

 

Do I also need to inform that I am still awaiting for a reply re my cca request and that this would be my defence if they took me to court?

 

When it comes to replying to these my brain just freezes:)

[moneydragon]

Hi

 

Can someone please take a look at the following and let me know if it is ok

 

Thanks in advance

 

Account in Dispute

 

 

 

With reference to your letter of 2nd December 2008. I have repeatedly informed you that this account is in dispute as a cca request had been sent on 30th April 2007 and my legal requirement was not complied with. Westcot’s have continued to ignore this and my request to return the debt to RBS. On 1st December 2008 you received and signed for a request together with the statutory £1 for you to supply me with a true copy of my original credit agreement and deed of assignment. You now have until 16th December 2008 to supply this to me. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the and therefore is a complete defense to any court claim that is issued.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

· You may not demand any payment on this account, nor am I obliged to offer any payment to you.

· You may not add any further interest or charges to this account.

· You may not pass this account to any third party.

· You may not register any information in respect of this account with any of the credit reference agencies.

· You may not issue a default notice related to this account.

 

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement, and also any proposed negotiations on a mutually satisfactory way to resolve this issue.

 

md

Edited December 6, 2008 by moneydragon

[The GodMother]

its fine but u dont need to re cca wescot as u already have a outstanding request and its 14 working days working days are monday to friday.

 

This means they have till christmas day to comply.

Edited December 6, 2008 by The GodMother
Adding when they have to comply by

[moneydragon]

its fine but u dont need to re cca wescot as u already have a outstanding request and its 14 working days working days are monday to friday.

 

This means they have till christmas day to comply.

 

Thanks Godmother

 

I have informed Westcott of this but they choose not to listen or maybe they are just plain stupid, so I sent them a cca request to shut them up. Correct me if I am wrong but if they signed for my request on the 1.12 14 working days would make it the 18th.

 

md

[The GodMother]

yes your rite god knows where i got the 25th from maybe i read a post wrong.

[moneydragon]

Hi

 

Well Wescot today returned my cheque stating that

 

"our client (RBS) has requested you write to the following address and state in your covering letter that this is a section 77/78 and enclose £1".

 

I actually sent NAT WEST an Subject Access Request request back in June 07 (see thread 1) to which they did not comply to.

 

I just appear to be going around in circles - do I send a cca request to RBS or a stop harassing me letter any advice?

 

oh yes I also received another letter from Wescot offerring me a reduced settlement if I contact them within the next 10 days.

[moneydragon]

Hi all

 

Today I received the following from NatWest:

 

We regret to advise you that the card agreement has been misfiled and despite searching of our records we have been unable to locate it. Our record of the setting up of the card account has insufficient detail to enable us to recreate the agreement with the required degree of certainty the course of actio requires, and return your fee of £1.

In the circumstances we appreciate that under s78(6) of the cca if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the debt. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the cra. Payments must continue to be paid using your monthly statement which will be sent to you.

Section 78(6) only prevents us from pursing recovery of the debt through the courts.

 

Whilst they are right it is my debt, I dont know how much is as nat west never confirmed if charges are inculded.

 

Thoughts anyone?

 

md

[btonbadger]

Hi all

 

Today I received the following from NatWest:

 

We regret to advise you that the card agreement has been misfiled and despite searching of our records we have been unable to locate it. Our record of the setting up of the card account has insufficient detail to enable us to recreate the agreement with the required degree of certainty the course of actio requires, and return your fee of £1.

 

In the circumstances we appreciate that under s78(6) of the cca if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the debt. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the cra. Payments must continue to be paid using your monthly statement which will be sent to you.

 

Section 78(6) only prevents us from pursing recovery of the debt through the courts.

 

Whilst they are right it is my debt, I dont know how much is as nat west never confirmed if charges are inculded.

 

Thoughts anyone?

 

md

 

Remind them without evidence of you signing or agreeing to any data protection terms and conditions they are unable to retain your data on file nor share it with outside agencies and that any attempt to do so will be in breach of the Data Protection Act. THere are some template letters around.

 

On another note, having seen a few of these recently (not my account sadly) I wonder if this is a new approach from a Natwest who is admitting defeat on the CCA issue?

 

bb

[rory32]

I would now write to them requesting that they return the balance to zero and discharge your liability. That's what I did. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear.html

[moneydragon]

Thanks Rory that's great.

 

Sorry if I am sounding thick here but do I include the bit about money laundering?

 

md

[rory32]

Yes. That's the bit that they really don't like.

[moneydragon]

Yes. That's the bit that they really don't like.

Thanks Rory very much appreciated - letter on way to Nat West watch this space:wink: md

[moneydragon]

Hi all

 

I have today recived the following in reply to the above:

 

I confirm that the debt is not void, only unenforceable under section 78(6) which prevents us from pursing recovery of the debt through the courts. As such we expect you to continue to meet your obligations as they fall due on this account, should you not do this then we will continue to report the account and its staus to the credit bureau's. Any adverse credit rating may effect your ability to obtain credit in the future.

We consider that our processing of your personal data is fair, lawful and warranted in the circumstances. DEtails of these procedures we contained in the credit agreement/application form you would of signed (the form that they can't find) when you applied for the card (after which the credit card was issued to you) and amended versions that accompanied subsequent Notice of Variations (which will have been sent to you when the card was in use and you didn't, at any time, signify your refusual to consent by repaying the debt and teminating the agreement), and have been notified to the information Commissioner's Office. We are satisfied that information of the account was properly notified to the Credit References Agencies and they would have received the appropriate Data Protection Act notification on the reporting of any defaults.

If you disagree, you have the right to apply to the court to have inaccurate personal data rectified, blocked, erassed or destroyed.

I would inform you that, given the processing of your personal data was consented to by you (in the way described above), you cannot respectively withdraw that consent after the processing has been carried out.

We do not consider this account to be in dispute as we have fully complied with your request under the Consumer Credit Act s78 and our position remains as previously advised. (so by admitting they do not have an agreement they have complied)

Sorry for the long post but they have waffled on!

So where do I go from here?

 

:confused:md

[AndyOrch]

looking good then

 

Regards

 

Andy

[moneydragon]

looking good then

 

Regards

 

Andy

 

Who for Andy?

 

:confused:Sorry Andy bit confused

[AndyOrch]

For you they cant enforce

 

Andy;)