natwest credit card and the debt collection angency

rog2

kurjam wrote: »

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

hi kurjam - sorry I've been away since yesterday - I've only just logged on to check my messages (am still at my daughter's) - I have found a letter, which I need to modify slightly to suit your circumstances. I will try to do that when I get home tonight - or, and I promise, the very first thing in the morning.

rog2

Hi Kurjam - sorry for the delay. I'm not going to be around much for the next few days, so I would be grateful if RAS could just take a look at the following letter before you send it, but it is based on a standard letter as used on this, and other, debt counselling forums, so it should be okay:

"Dear Sirs,

Your. Ref.

As previously stated, I do not acknowledge ANY debt to your company, or to ANY company that you claim to represent.

On xx June 2007, I wrote to you requesting a true copy of the original signed consumer credit agreement for the 'alleged debt' that you are trying to enforce. I included, with my letter, a Postal Order for £1.00 to cover the statutory fee that you are allowed to charge for supplying me with this information, under the terms of the Consumer Credit Act 1974.

The provisions of the Consumer Credit Act, require you to send me this signed copy of the original consumer credit agreement within 12 working days from the receipt of my request.

As you will be aware, if you do NOT supply me with the copy of the cca within the 12 working days, then the agreement becomes unenforceable, without a court order.

Furthermore, by not supplying me with a true signed copy of the original consumer credit agreement within 30 days, I believe that you have now committed a Criminal Act under the legislation contained within section 77(1) and section 78(1) of the Consumer Credit Act 1974.

You were reminded that, under section 189 of the Consumer Credit Act, 1974, that you were obliged to supply these documents whether you were the original creditor or not.

On xx September 2007, I received, from you, a copy of a document which you claim to be a copy of the original signed consumer credit agreement. This 'document' was, in fact a copy of an application for a credit card which was made by me, to Natwest Bank plc, on 12th August 2000, which was subsequently rejected, whereas you claim that the 'alleged debt', which you are trying to enforce, dates back 17 years.

(If the 'alleged debt' that you are trying to enforce does, indeed, date back 17 years, then I believe it to fall under the terms of the Limitations Act, 1980, and since I have made no payment towards the 'alleged debt', nor have I acknowledged it in writing, for a period of over six years, then that 'alleged debt' is now 'Statute Barred' and I will be making NO payment towards it.

Not withstanding that aspect of the 'alleged debt') as you will be aware, a credit agreement that is not properly documented, and signed by the customer, is irrideemably unenforceable under the Consumer Credit Act, 1974, and is therefore a complete defence to any court claim that is issued.

I will, therefore, no longer be making any payments against this 'alleged debt' as it is unenforceable.

I now consider the matter closed and no further correspondence regarding payment will be entered into. If you persist on pursuing me for payment you will leave me no choice but to report this matter to Trading Standards.

Yours Faithfully

Kurjam"

Kurjam - I have inserted the reference to the Limitations Act, based on your post of 14.09.07, where you mention that this 'alleged debt' is much older than 6 years. Provided you have made no payment to an 'alleged debt' nor acknowledged it, in writing, to the original creditor, then that debt is 'statute barred' under the terms of the Limitations Act 1980, and once you have informed the creditor/dca that you do not intend to pay the 'alleged debt' because it is 'statute barred' (THE ONLY REASON YOU NEED GIVE) then the original creditor/dca can no longer pursue you, even through the courts, for payment.

So think very carefully, and if you haven't paid/acknowledged the debt for six years, then leave the red bit in - otherwise just use the rest of the letter.

All the best
rog2

RAS

Rog and Kurjam

Will look at this later.

The bit on statute barred has to go. Unfortunately Kurjam re-opened the liability to the debt by paying into it in recent years. It has to be the CCA ruling.

RAS

kurjam wrote: »

natwest bank have confirmed to me that allied do now own the debt, and natwest have sent me written proof of this !!

Kurjam

What did Natwest send you??????

kurjam

natwest have not sent me anything,
i just got a copy of a credit card application from allied...

i had been paying the debt to another company before allied got their hands on it, so i will delete the red part of the letter....

can the debt still not be cliamed by them even though i had been paying it ??

i am going to get the letter sent later today, thanks for your help.
will have to wait and see what they say now !!!

RAS

urjam

Go back to Post 65

i have probably done wrong but sent in the expenditure form, offering £5 a month so we will see....

natwest bank have confirmed to me that allied do now own the debt, and natwest have sent me written proof of this !!

Can you tell us what happened here?

kurjam

oh my god !!! :eek:

i must have been having a bad day.... i made a mistake !!!!

i have had nothing off natwest i have spoken to them just to see if they deal with allied credit and they confirmed that allied have the debt details they "said this over the phone not in writing...

have not spoken to natwest since (about this debt) and have not spoken to allied since i wrote to them and told them not to phone me as they are rude !!

sorry for the confusion guys !!!!

thanks for all your help !!!

RAS

Thanks

Have to say I had kittens when I read that.

I suspect that sending in the expenditure form led Allied to expect you to starting paying.

Fortunately until they find the CCA, they are stuffed. And now they would have to go to court to get permission to pursue you, so it will not be worth their while.

kurjam

thanks guys for your help, when i get any news (if i do) i will inform you....
would not have done it without your help !!!

kurjam

i still have heard nothing do you think they have given up ??