natwest credit card and the debt collection angency

RAS

Kurjam

I could suggest precisely where you tell them to put that statement of income and expenditure, but it would not be polite.

Yes they are bullies. The difficulty is that you coughed up politely for years and they expect you to just carry on.

What sort of statement did you get from Regal. After all, your original debt was £1200 and you paid £416 a year, for how many years?
Suggest that you sedn this letter today if possible.



I do not acknowledge ANY debt to your company.

Further to my letter requesting a copy of the signed agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit), I note that this was recieved by yourselves on July 9 at (time).

Following a phone call from your representatiive at (time ) on July 9 refusing to send anything and stating that as far as they are concerned your company have the debt and have all my details so that is enough to proof that your company own the debt, I am writing to remind you of your obligation to meet the requirements of s.78 (1) Consumer Credit Act 1974 and to provide a statement of account.

Given the manner of your stafff, I would also like it brought to your attention that continued communication by telephone will not be entertained.
Please take this as written notification of my wishes to have my number removed from your records and all future correspondence to be done by letter, failure to follow these instructions will result in communications between myself and the Office of Fair Trading to stop this continued “harassment” by phone.

thank you for your cooperation.

RAS

kurjam wrote: »

what does caa stand for, and what should i be getting from them as when i quoted it to the man he did not seem to know what to say, infact he went away for a couple of minutes....maybe because i got as good as i got !!!
they will not beat me, but i feel presured into giving in...

Consumer Credit Act 1974

rog2

RAS wrote: »

Consumer Credit Act 1974

Or, in this case - Consumer Credit Agreement. :beer:

kurjam

do i fill in the expenditure form, he said that they see it that i am trying to stall any payments and trying not to pay....
gosh never been in this predicament before and getting my self in a state...
will send that letter tomorrow recorded delivery...

think i might refuse to talk to them over the phone, will see if i can get their number barred from ringing me....
i did not get any statement from regal credit, i am going to contact them to ask for one...

kurjam

ok here`s an update...
just spoke to regal credit who had the original debt spoke to a very nice lady who is going to send me a statement of account so i can see what and how much i have paid.
phone natwest card services, they are not prepared to accept payments direct to them and they are not wanting payment in full (as allied credit said natwest demand payment in full).

got to arrange payment with allied, so do i fill in the expenditure form or just wait till july 18th for them to reply to my first letter ??

i am totally fed up !!:mad:

rog2

I would wait for the reply to your letter.

RAS

kurjam wrote: »

do i fill in the expenditure form,
No - that would be admission that you owe them the money.

he said that they see it that i am trying to stall any payments and trying not to pay....
Sorry but why are you even contemplating paying money to people who have not proved to you that you owe it to them?

gosh never been in this predicament before and getting my self in a state
That is exactly what they want to happen. You are just asking them to meet their legal obligations.
...
will send that letter tomorrow recorded delivery... Good

think i might refuse to talk to them over the phone, will see if i can get their number barred from ringing me.... Good idea, if you can bar a switchboard based number.

Remember to check on Wednesday if they have got your letter insisting on written communication. If they ring you after that it is haressment and you need to report them to Trading Standards.

i did not get any statement from regal credit, Oh dear, they are required to provide you with them.

i am going to contact them to ask for one..

First thoughts below but get Weller and Rog to check it first.

Letter to regal

making this up. Weller, rog, your thoughts?

Case number (or whatever you have been given as a reference re you last few years payments)

I do not acknowledge ANY debt to your company. I require you to supply the following documentation.

1. You must supply me a statement of account you refer to. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974 - your obligation also extends to providing with a true copy of the alleged agreement. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (date) 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Kurjam

How many years have you been paying Regal?

Also have you done a credit reference check on you account via experien, equifax or creditchecker (sp last one).

What is happening to the £8 a month standing order that you hasd set up with regal. is that still in peration at your bank?

Note to weller and rog (excuse me Kurjam)

My thought is that it seems that Kurjam has been paying regal for ages and

a) they may not have the required documents
b) kurjam may have paid the initial debt several times over.
c) that if International credit get fed up, they may just pass this back to regal?

Since kurjam has no statement, there is no way of knowing when or whether the debt has been paid off. It seems to make sense, if asking for a statement, to ask for the CCA?

Your thoughts?

kurjam

regal are sending me a statement so i can see what they say i have paid and what i owe...
i am no longer paying to regal the s/o was cancelled at the bank, but i might see if the bank have details about the standing order and start paying £8 a week again to regal... what are your thoughts on this...??

think i am just upseting allied as they probably dont get this much hassle from people....
i sent first letter ~(which they got today) they got till july 18th what do i do if i have not got my caa by then ??
thanks everyone for your help it is much appreciated....

rog2

Agree wholeheartedly with RAS. International Credit (and Regal for that matter) are legally obliged to give you a statement - there have been instances where debtors have paid more than the original debt, and have had problems in reclaiming from DCAs.
If they are unable to supply the requested information, then they can not pursue the alleged debt.
RAS - the letter looks fine to me.
Kurjam - you need to be as co-operative with these people as they are being with you.
Don't give in.

rog2

kurjam wrote: »

regal are sending me a statement so i can see what they say i have paid and what i owe...
i am no longer paying to regal the s/o was cancelled at the bank, but i might see if the bank have details about the standing order and start paying £8 a week again to regal... what are your thoughts on this...??

think i am just upseting allied as they probably dont get this much hassle from people....
i sent first letter ~(which they got today) they got till july 18th what do i do if i have not got my caa by then ??
thanks everyone for your help it is much appreciated....

Do NOT worry about upsetting Allied - they won't worry about upsetting you.