Unenforceability & Template Letters III

never-in-doubt

coffeedog wrote: »

Hi NID and everyone,

I posted back in mid-December as I had received a reply to a CCA request letter on a natwest loan account. They stated they had misfiled the agreement and would report me to CRA's if I didn't pay and and add a default, the usual . I have a second natwest loan account and have never recieved a reply to the CCA request, despite sending the reminder letter at the end of December, so i assume they can't find that one either. ( both pre april 2007)

I did something stupid though and sent the letters before I had moved my current account from natwest. I thought they would just send me the agreements and they'd be enforceable! You advised I move immediately and I set this in motion. Unfortunately, I tried to move to A & L 'cos of their £100 incentive. That absolutely sucked and last month I still was waiting to hear from them about switching, so I have now got an account with first direct and they are currently switching . They rock!

The thing is, I don't want natwest to suss I'm moving to stop paying the loans and go down unenforceability route, so I have carried on paying. I really don't want them to use ROSO, so I'm kinda hoping they'll close my accounts. They've let me cancel the standing orders, which is a good start. Once I'm switched next month I plan to stop paying both.

I don't mind getting defaults, because I am really struggling but don't want to get a CCJ due to my current account getting into debt if they use ROSO and me not paying it back. It's really important that I don't get a CCJ due to my job. Does that make sense ? Have i gone about this in completely the wrong way? I'm getting so nervous about it now.

Hiya

Makes sense from where i'm sitting, don't worry about it..... if you get a threat of CCJ then we'll sort it for you. So you have to ensure that you change accounts like URGENTLY! They cannot use RoSO to make you overdrawn mate, so say the loan payment was £500 and you had £200 in your bank, they would only be allowed to take the £200 credit. They cannot take funds to an overdraft either, so lets assume the same figures but you had an overdraft limit of £100, they would not be allowed to take £300 as this would make you overdrawn.

Hope that explains RoSO for you.

Regards to the CCA's - we'll deal with those once you change banks! :D

Don't panic matey - ok?

never-in-doubt

Locke wrote: »

Will that be what I go off?

Whether that signed application has all of the terms?

Yes mate you need the actual CCA - anything else is irrelevant - however they become relevant once in possession of CCA as this should link to the terms you just received.

You need to wait until they send that, until they do this is unenforceable.;)

coffeedog

Thank for your quick reply NID - You are a star :A

I just really want to get out of the bank now, it was a nightmare trying to transfer to A & L! Next set of wages are going into new account and transfer should have taken place by the end of this week. Yaay!

I'm trying to avoid going into overdraft by them using ROSO, as I don't want to pay it back. Just got it down to zero so may just ask them to change the limit to zero. Thanks for explaining that.

I'll post back once I'm out of Natwest. Thank you so much, you've set my mind at rest.:beer:

Locke

What does ROSO mean?

ejc81

Hi NID, you're doing a fab job!!! Just a quick question if you wouldn't mind could you clarify that if you had a cc account and they decided to upgrade it to a 'gold' account etc. Do the same original term & conditions apply?

What I mean is are they still bound by the original cca? You wouldn't have signed anything else or agreed to anything else if they upped your limit and/or upgraded the account and sent new card/new number etc? ie just because they've sent new terms and conditions doesn't actually mean you've agreed to them if the original cca was unenforceable, does it?

never-in-doubt

I've had a few messages lately with people saying that the advice I give one person, doesn't necessarily match that of another even though they "believe" they were sent the same documents.

I am not confused, I am not going senile & I am not losing the plot - the fact of the matter is that each agreement is unique and specific to each individual and no two will EVER be the same unless they were taken out on the same day with the same branch and same staff from start to end of process. The chances of that happening are what?

Point is please stop comparing things, you have to concentrate on your own situation and not worry about what advice I give other people. There is currently 14 people (regulars) on here arguing with Crappy1, 3 are enforceable the rest are not. However no two are identical in any shape or form.

I hope that makes sense. Please bear in mind I only offer advice, what you do with that is entirely your own decision.

never-in-doubt

Locke wrote: »

What does ROSO mean?

Right of Set Off - http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

never-in-doubt

ejc81 wrote: »

Hi NID, you're doing a fab job!!! Just a quick question if you wouldn't mind could you clarify that if you had a cc account and they decided to upgrade it to a 'gold' account etc. Do the same original term & conditions apply?

Yes of course - one agreement when you "applied" for the card - of course, unless you "applied" for a gold card?

ejc81

never-in-doubt wrote: »

I am not confused, I am not going senile & I am not losing the plot

Now are you sure you're not cracking up mate? Coz you're doing a cracking job:D

never-in-doubt wrote: »

I hope that makes sense. Please bear in mind I only offer advice, what you do with that is entirely your own decision.

Your opinion is extremely valuable as far as I'm concerned, and I'm sure most other users would agree you're doing a grand job :T:T

Thank you

scarednshakin

ejc81 wrote: »

Now are you sure you're not cracking up mate? Coz you're doing a cracking job:D



Your opinion is extremely valuable as far as I'm concerned, and I'm sure most other users would agree you're doing a grand job :T:T

Thank you

Just wanted to second that You do a fab job and we appreciate all your help and advice :D