Natwest Dont Have Agreement!

JustInKase20

Hey guys, after doing a CCA for my credit card i have with Natwest, here is there response.

"I write with reference to your recernt request under Section 78 (1) to supply copies of the origianl agreement set out under the Consumer Credit Act.

We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78 (1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid. We should point out that if you cease to make future payments as they fall due we will report your default to the Credit Reference Agencies.

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

I trust this clarifies the matter for you"

Well... no it doesn't clarify anything.

They are saying that they dont have the agreement yet they are saying they can still report me ro Experian and/or Equifax for not paying for a debt which they can not prove!?

Anyone got any advice on wether i should still pay or what my next steps should be?

Cheers!

Justin.

ILW

JustInKase20 wrote: »

Hey guys, after doing a CCA for my credit card i have with Natwest, here is there response.

"I write with reference to your recernt request under Section 78 (1) to supply copies of the origianl agreement set out under the Consumer Credit Act.

We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78 (1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid. We should point out that if you cease to make future payments as they fall due we will report your default to the Credit Reference Agencies.

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

I trust this clarifies the matter for you"

Well... no it doesn't clarify anything.

They are saying that they dont have the agreement yet they are saying they can still report me ro Experian and/or Equifax for not paying for a debt which they can not prove!?

Anyone got any advice on wether i should still pay or what my next steps should be?

Cheers!

Justin.

You can stop paying if you wish but your credit file will be destroyed for the next few years. If it is already bad you have nothing to lose. If you have a good credit file and may be looking for any sort of finance or mobile phones etc in the medium term you should keep up the payments.

never-in-doubt

Excellent advice ILW.....

OP - have a mooch here: Unenforceability & Template Letters