My fight to get my life back!

GeorgeUK

Every little helps.

Hang on, that's not Tesco...

pebbles88

GeorgeUK wrote: »

Every little helps.

Hang on, that's not Tesco...

:rotfl: :rotfl: :rotfl: :rotfl:

pebbles88

Afternoon all.

well halifax are looking into my mortgage ppi claim too. so that is some good news.

received another dafault letter from natwest cc today, they are now saying that if i don not pay the amount outstanding within 17 days that i will no longer be covered by my ppi... and also saying that they will send the default details to credit ref agencies... and poss cancel the agreeement and activate the right to off-set from any funds held anywhere else, i dont actually have any money anywhere apart from my DH's wage paid into our halifax account, the only other money i have is in barclays.. im pretty sure they cant touch it there.

what i find annoying is that i actually sent them a default notice on the 16th, they replied with this on the 24th.... where do i stand with that?

ps, i should have added that natwest are ignoring the majority of my letters, asking for them to be signed still. and when i worte saying well hang one, you send all sort of other stuff here without my signature, i just got a snotty reply!

pebbles88

any ideas anyone please?

GeorgeUK

Can you give a brief outline of what's happened with Nastywest?

You've requested a CCA - and i assume not received anything back?

You've sent the 12+2 day letter
- Was this the onle you sent on the 16th?
- Did the letter state that you were removing your permission for them to pass on your details to any 3rd party?

I'm not sure how long you are supposed to give them to comply if you have requested this but the next step i think would be to report them to TS.

pebbles88

GeorgeUK wrote: »

Can you give a brief outline of what's happened with Nastywest?

You've requested a CCA - and i assume not received anything back?

You've sent the 12+2 day letter
- Was this the onle you sent on the 16th?
- Did the letter state that you were removing your permission for them to pass on your details to any 3rd party?

I'm not sure how long you are supposed to give them to comply if you have requested this but the next step i think would be to report them to TS.

Hi George,

ok, so here we go with nastywest timeline.

sent letter stating i was having financial difficulties, included £1 token payment... followed by a letter from them on the 20th jan - saying blah blah, we wont do anything re your letter because you didnt sign it.. so sent lettert back saying that they have happily sent sensitive material in past etc

1st default notice arrives along with statement (and £12 late fee) arrives, token payment has been took off the balc.

i wrote back req cca (as they were pushing for my sig on prev letter - received reply back to this on the 14th feb, (so they were already late by the 12+2) what they sent me does not make a 'true' agreement (posted it on here).

they basically sent t&c's from around the time i took the card out (a leaflet advertising the cards, which is near enough illegible) and a renewal card letter and an agreement, which has the present credit limit on it (when i first took it out in 1998 it was a £1000, now its £10,000, and also has details of charges on it for late payments etc, which are £12 on there, they were not like that when i took the card out, i think miss marple brought attention to that on another thread... ) apart from that letter, and the most recent statement, nothing has my details on it. so i sent a default letter to them on the 16th feb.

got the default letter from on here, and it does include that they cannot pass my details on to 3rd parties, this it what it said:

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring 11/2/2009.

Data Protection Act (Data Protection Act 1998

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request
Yesterday, i received a 2nd default notice demanding £384 within 17 days of the letter or they will terminate the agreement, i will no longer be covered by my PPI, they will pass my details onto to credit ref agencies as a default, they also say they may exercise their right to off-set from any other funds with them, and may also assign my account to a dca.

my current account is with halifax, its a joint with dh, its overdrawn already. only other money we have is with barclays. and that is is DH's name.

hope that helps

pebbles88

sorry, a shameless bump!

GeorgeUK

There are 2 things you can possibly do.

If you have quite alot of charges that you could reclaim, send a SAR that includes a request for a copy of the signed credit agreement. This should get you a copy of all your transactions for the last 6 years so you can see how much you should be reclaiming from the charges and will also allow you to see if you get a signed copy of the CCA.

If you don't have that many charges to claim back, i would go to the next stage which is to contact TS.

pebbles88

GeorgeUK wrote: »

There are 2 things you can possibly do.

If you have quite alot of charges that you could reclaim, send a SAR that includes a request for a copy of the signed credit agreement. This should get you a copy of all your transactions for the last 6 years so you can see how much you should be reclaiming from the charges and will also allow you to see if you get a signed copy of the CCA.

If you don't have that many charges to claim back, i would go to the next stage which is to contact TS.

TS... is that trading standards?? can they help?? i assumed it would be OFT?

I was not aware that i could go to them?? i have compiled a huge complaint letter to natwest that i was going to send in the morning. ....

just to add,

just emailed TS so will wait to see what they say

GeorgeUK

Yup, TS = Trading Standards.

It's usually advised to complain to both TS and OFT, but OFT don't really do anything unless you've gone through the companies official complaints procedure and from the posts i've seen that mention their responses, they go more by the "if you took the money pay it back" approach rather than bothering with the legislation the companies should be following.