Section 77/78 request - problem

MrHopkins

Hi all,
I am trying to request documents from Natwest under the Consumer Credit Act - section 77/78. I have had a response today which makes no sense whatsoever - it reads:

Thank you for your recent letter, in which you have made a request for documents under the Consumer Credit Act.

I am unable to deal with your request due to, (ticked a appropriate).

• Request recieved under S77 - the above account is not a loan account and therefore we are under no obligation or requirement to provide you/your client with the requested details.
• Request recieved however the required fee of £1.00 not enclosed.
• We hold no authority to divulge our Customers account details to you.
• The account number you have quoted is invalid - it could be that the number quoted is incorrect or that your request does not relate to a credit card account and therefore you have sent your request to the wrong address.
• We have only ever recieved a SAR request which is dealt with by a different department, no S78 request recieved with £1 fee.
• Duplicate request information S78 sent on 07/01/10 to the c/l.

I have therefore returned your rquest to you. Please provide me with correct information and/or payment required ad this will be dealt with accordingly.

OK - here is the issue - NONE OF THE ABOVE WERE TICKED?! And payment was definately sent as they returned i with the letter?!

What is the next step - this very much seems as thoughthey are trying to wiggle out of this one. I need advice on a strong/firm letter to reply with.

Cheers, Gareth

P.S Below is my origional letter if you need it for reference:

Section 77/78 Request
As prescribed under section 77/78 of the Consumer Credit Act 1974

To:

Natwest Credit Card Services
P O Box 5747, Southend-on-Sea, SS1 9AJ

Account Name: Mr. Joe Bloggs D.OB: **/**/****
Credit Card Number: **** **** **** ****

I write to instruct you the creditor to supply me with a copy of the above Regulated Credit Agreement, including any document referred to therein and statement of account under the legislation contained within Section 77 and 78 of the Consumer Credit Act 1974. I enclose the statutory fee of £1:00 as required per this request. Failure to comply with this request is a criminal offence under the Consumer Credit Act of 1974. Under 189 of the Consumer Credit Act of 1974 you are obliged to provide these documents whether you are the original creditor or not.

If you the creditor under an agreement fail to comply with this request within 12 days you will be in default and as a consequence not entitled to enforce the agreement and where the default continues for one month you the creditor will commit an offence.

Yours faithfully





Gareth Hopkins