natwest credit card and the debt collection angency

kurjam

:beer: cheers every one i will just have to sit tight, i will let you know when i hear anything if i do at all...fingers crossed i hear nothing

:T

kurjam

well time is passing and still no answers from allied !!
leys hope i have heard the last of it !!

should they not write to me and tell me whats happening ??

rog2

kurjam wrote: »

well time is passing and still no answers from allied !!
leys hope i have heard the last of it !!

should they not write to me and tell me whats happening ??

Hi kurjam - I can see that you are worried, so please let me try and set your mind at rest:

1. When you sent the original cca request, the creditor/dca had, legally, 12 working days in which to supply you a true signed copy of the original consumer credit agreement. (which they did NOT)

2. At the end of that 12 day period, the agreement would, then, have become unenforceable, without a court order, until the agreement is produced.

3. If the true copy of the original cca has not been produced after 30 days, then the creditor/dca has comitted an offence under the terms of the Consumer Credit Act (CCA) 1974.

4. Under Section 189 of the Consumer Credit Act 1974 ANYONE chasing an 'alleged debt' is obliged to supply you with the copy of the original cca, whether they are the original creditor or not.

So even in the unlikely event that they were to find this 'elusive cca' they would be unable to enforce it unless they obtained a court order to do so, at which time you would have the opportunity of informing the court that they had failed to provide you with the cca, within the time allowed by law, and that they have comitted a criminal offence.

I stand by my previous advice NOT to contact either the Debt Collection Agency or Nat West.

RAS

Kurjam

Allied are not going to reply to you. They would just get into so much trouble. You have seen them off.

So take your concern and worry and use the energy on something about which you can do something instead.

Leixlip1

I'm having similar problems with RMA - they have failed to supply me with requested info in the timescale. They have had the polite "go away" letter from me and today I have received two letters from them - a warm and cuddly "let us help you" and the other making legal threats they cannot carry out. Amazingly having written to me they wanted to know my name and address!!! Still no CCA so they are fishing.
They will get no reply and I've sent a complaint/report off to the OFT and Preston City Council, Trading Standards.

kurjam

hi everyone got a reply from allied credit today...
it is a copy of the credit card internet application form, which as my signaiture on it...
the date on the paper work says 12/08/2000 (i did not have a credit card with natwest in 2000, i may have applied but did not get one)..my debt is from years ago !!! shall i send this form back to them or just ignore it and pretend i never got it ??.
at the bottom where my signature is it says "this is a credit agrrement regulated by the consumer credit act "
does this mean that i now have to start paying allied credit some money even though they are out of time ??

rog2

kurjam wrote: »

hi everyone got a reply from allied credit today...
it is a copy of the credit card internet application form, which as my signaiture on it...
the date on the paper work says 12/08/2000 (i did not have a credit card with natwest in 2000, i may have applied but did not get one)..my debt is from years ago !!! shall i send this form back to them or just ignore it and pretend i never got it ??.
at the bottom where my signature is it says "this is a credit agrrement regulated by the consumer credit act "
does this mean that i now have to start paying allied credit some money even though they are out of time ??

Kurjam - it really looks as if 'Allied' are struggling - they have failed to provide you with a copy of the original cca relating to the alleged debt that they say they were trying to collect. The cca MUST apply to that 'alleged debt' and a copy of a credit card application form that does not relate, in any way, to the original 'alleged debt' is, quite simply, not acceptable.
One further point, kj, is that EVEN IF ALLIED HAD PRODUCED THE ORIGINAL CCA THEY COULD NOT DO ANYTHING TO ENFORCE IT WITHOUT FIRST OBTAINING A COURT ORDER.
Do nothing, for the moment, kj. I will see if there is a 'template letter' that you could use - if not I'll try and compose one this evening.

RAS

!!!!????£$^!!!!!!!!!

Since when was 2000 17 years ago?

They are struggling. The CCA must relate to the debt they are collecting. Not to something else.

Plus a credit card application form is no use, it has to be a signed agreement.

As Rog points out, they would have to get a Court to agree that the application form from 2000 related to the debt from 17 years ago. Cant see Allied wanting to go to court to try argunig that one, nor can i see their lawyers agreeing to act on their behalf, Nat west to perjure themselves.

kurjam

thanks i look forward to a template letter i can send to them...

kurjam

rog2 did you manage to sort me a letter out that i can send them ?? thank you