no cca what now?

dumb_blonde

I recently wrote about Natwest not having my cca,they wrote to say they couldnt enforce the debt,so what happens now? I have just continued to pay the token £1 i was paying previously should i just carry on with that.They said they would continue to issue default notices though? What position does this put me in? I also have an overdraft with them,currently paying a pound. During the time of them writing to me about the cca i made them a f&f on the loan and overdraft.They never responded to either.
What would you do?

Tixy

You could choose to continue to pay your £1, or you could stop paying at all on the debt or you could try another F&F letter (mentioning the lack of CCA in the F&F letter).
If they locate the CCA in the future then they can then enforce the debt again so some like to do a F&F to finalise the matter.

Regaring them 'continuing to issue default notices'. Once a default has been entered on your credit file for a credit account the date of should never change and the default and account will drop off your file after 6years. They can continue to write regarding the outstanding debt, but they cannot make your credit file worse.

endora

As long as you pay tokens, the debt will never be statute barred even if it drops off your credit file 6 years after default. I'd stop paying the unenforceable debt - if they can't enforce why would you offer an F&F? If you are in a position to offer and F&F then do so for the O/D, as they are not dealt with in the same way as cards and loans thus much more difficult to say they are unenforceable.

dumb_blonde

hello everyone, an update and a question for u all please.
I continued to pay £1 token payments on the loan and overdraft, still never had any responses to settlement offers, no correspondence about overdraft at all, got default letters regarding the loan.
Last week, Natwest informed me that as they couldnt contact me to arrange a suitable repayment plan, that they would be passing my accounts over to Apex.
Can they do this??
They never replied to my offers and they cant find the paperwork for my loan.
Where do i stand on this
Thanks for reading everyone

eyeopener2

Nat west have given up, you may as well stop paying the token payments as the debt is unenforceable.

Alex will start the whole ball game again but you just tell them to come back when they have a signed credit agreement, which you know they don't have. If it ever turns up then you deal with it then, but it's highly unlikely now.

See what apex say with the threat o Gramm and then pop back on here.