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natwest credit card and the debt collection angency

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  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    kurjam wrote: »
    have spoken to national debtline, they recomend i just fill in the expenditure form, because saying i dont have cca (if it goes to court0 will not be enough proof to get me out of the situation !!

    I can't see that as being the case kurjam. Neither, looking at your previous post, do CCCS.
    Did you phone the number that CCCS gave you?
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • kurjam
    kurjam Posts: 1,342 Forumite
    cccs gave me the national debtline number, as cccs could not help me.
    national debtline did say that not having proof of a cca was not enough evidence not to pay the bill and if it goes to court the court will tell the debt collection agency off for not sending it but it i will have to pay with or with out a cca....

    in 30days i can complain to the office of fair trading, but i still have to pay either arrange some thing with allied or go through the courts...
    there is no way out of it, they sending me the info in the post as well !!

    so i am stuck, going to have to send the expenditure form in to them !!
  • RAS
    RAS Posts: 35,646 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kurjam

    Not yet

    read weller's comments first:

    Forgot to say - its important that you report them once they have committed an offence, ie not suppying the CCA after the 12+2+30 days because they can at any time still produce a CCA and the debt then becomes enforable again. By reporting them as soon as they have committed an offence means that they are less likely to pursue the debt and you probably stand a good chance of them writing the debt off.

    You could not choose to report them but as I said, if they produce the CCA at any time in the future they can enforce the debt so they need reporting. One of their directors has been in court recently for pursuing "illegal" debts and unfair practices so that will help your case ( this relates for Crapquest).

    hope this makes sense, I'll be back on tomorrow if you need any further help.
    If you've have not made a mistake, you've made nothing
  • kurjam
    kurjam Posts: 1,342 Forumite
    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 !!
  • nrsql
    nrsql Posts: 1,919 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    >> No CCA - No collectable debt

    >> national debtline did say that not having proof of a cca was not enough evidence not to pay the bill and if it goes to court the court will tell the debt collection agency off for not sending it but it i will have to pay with or with out a cca....

    So which is correct?
  • kurjam
    kurjam Posts: 1,342 Forumite
    i thought and read on here if theres no cca they cant collect the debt, but debtline told me different...
    anyway i do owe natwest the money i know that so i might as well just pay it, as i still bank with natwest !!
    and if i pay £5 a month it will be ok
  • kurjam
    kurjam Posts: 1,342 Forumite
    sent expenditure form in a week ago still no response from allied !!!
  • lemma1968
    lemma1968 Posts: 1,379 Forumite
    Blimey - DO NOT PAY.
    There is case law on this point - and its a House of Lords decision

    Wilson v secretary of State

    Its BINDING, they cannot prove the debt, they have to prove the contract and ALL its precribed terms.

    'For further help, and also so you cans ee that it really does work go onto the following forum and read and read.

    https://www.consumeractiongroup.com/forum

    Its brill. You will see that many members here are members there also.

    Good Luck:rotfl:
    2013 TARGET £30k
    2012 £26500 paid off.
    2011 £22750 paid off
    2010 £19800 paid off
    2009 MBNA Cleared 25.09.09 £34391.33 PAID OFF
    DFW Nerd 612 Proud to be dealing with my debts
  • RAS
    RAS Posts: 35,646 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kurjam

    How much have you paid them in the past. You originally owed £1200 and how much have you paid back over the years?
    If you've have not made a mistake, you've made nothing
  • angelavdavis
    angelavdavis Posts: 4,714 Forumite
    Mortgage-free Glee!
    Hi Kurjam,

    RAS asked me to check in on your post.

    So, have you received any information from Allied with reference to a) the CCA or b) the statement of account?

    Can you also please answer Ras' question too? Thanks

    Sorry for asking for additional clarification, but its confusing reading the thread

    Can you confirm that you have only sent one letter requesting the CCA/Statement of account and the 12+2 day period has now expired?

    Did you enclose the payment and has it been cashed?
    :D Thanks to MSE, I am mortgage free!:D
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