natwest credit card and the debt collection angency

RAS

Second that.

This is pure haressment now.

kurjam

i know you said do not write, but should i explain to natwest that they do have a cca request etc etc ???

kurjam

i am getting no where, i think it is time to just settle the debt and get it over with as this is getting beyond a joke, dont really want to ring debtline or any one in case they say i am wrong.... just want this out of my life for good.....

kurjam

tried phoning debtline was ringing for 20 mins no reply, guess they are busy !!
has anyone a phone number so i can report them to the office of fair trading, as after reading other posts seems aic should not have sold the debt on to apex as aic could not produce the cca.....
been on oft website but it directs you to another site and they cant help me....
should i make apex aware that i am stil lwaiting for the cca from aic ?? so they can not enforce the debt ??
help me please !!!! i am so frustrated over this debt......

kurjam

apex are saying this is a royal bank of scotland / natwest dual card whts one of them i had a royal bank scotland card ???
they are asking for proof that i requested the cca from allied should i send the proof they want, it says they will investigate if allied have not produced the documents

shinyhead

If apex say they'll investigate then I'd suggest you take them at their word and forward copies of the CCA request, proof of posting and /or any response you had. Don't forget to send recorded delivery.
Apex may be annoyed at having been sold a dud by Allied as it should not have been sold on whilst it's in dispute, and may just pass it back.

kurjam

thanks shinyhead, will get the paperwork sent to apex today !!

rog2

kurjam wrote: »

thanks shinyhead, will get the paperwork sent to apex today !!

Hi kurjam - no matter who is writing to you, they are still bound by the terms of the Consumer Credit Act, 1974. Neither is it your problem if apex were 'sold a dud' - by virtue of requesting payment, they must accept the terms of the CCA and would be legally bound to have supplied you with a true copy of the executed consumer credit agreement within 12 working days of your request.
Not to have done so places then 'in default' - they have no right to pass your details on to any other agency for possible 'collection' - even back to the original creditor.
I would send an amended copy of the letter that I posted, in post 202, to Nat West. Even if Nat West find the consumer credit agreement, you are now at a stage that they (Nat West or any dca working on their behalf) must now apply to the Courts for permission to 'enforce' the said agreement. This means that they would have to issue you with a County Court Claim/Summons for the 'alleged debt'. On any such summons you will have the right to enter a 'defence', which, in your case, would include the fact that you requested a true copy of the original consumer credit agreement, but this was not provided. Unless Nat West/dca can convince the Courts that there was a genuine reason for not having complied with your cca request (they would also need to show the cca in Court) then this 'debt' is likely to be judged as 'irrideemably unenforceable' by the Courts.
Please keep trying to phone NDL.

kurjam

well got 2 letters 1 yesterday and 1 on friday last week dont know what to do....
royal bank of scotland have asked me what info i want as they will send me the cca if thats what i need..... apex have told me that royal bank of scotland are going to send me the cca and details showing that apex own the debt.
apex have also said they will take £200 as a payment to clear the debt (thats a big discount for me) shall i pay the £200 just to clear this debt...
rbs are sending me the cca as i wrote asking for it..

RAS

kurjam

Need a bit of clarification.

is this the debt we first dealt with that you had been paying for years? Or another one?

If RBS actually have a CCA, and the debt is ot statute barred, then the APEX offer mght be useful BUT - it must be full and final even if you allow them to mark the credit record as partial settlement.

Otherwise they can just chase you for the rest or sell the debt on and the new creditor will chase you.

is this debt showing on your credit record.