natwest credit card and the debt collection angency

RAS

Here is crowns offering to be sent when the 12+2+30 days is up.

Personally I would not remind them in the mean-time but wham this off as soon as the deadline is passed. You might need to edit point 1 and 3 as you have not paid yet and it has not been years

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

rog2

Hi kurjam - RAS is quite correct - do NOTHING until the 44 days are up. THEN send the letter as above.

kurjam

thank you,great to have all of you helping me, lets hope i hear nothing for 3 weeks...will keep you all informed

benjab

I have to say Don't be afraid of these people. What RAS told you to do is perfectly acceptable as these are obligations the company have to meet. Chances are when they receive your letter (as RAS set out) they will write off the debt and stop chasing you... These people prey on people who don't know their rights, and having been in your situation (and worse) myself I can tell you that the people you have spoken to are probably sitting in an office in shell suits, dripping in gold, and eating pasties, Even if you ever do have to deal with bailiffs (and I can assure you this won't come to that) they also have proceedures which must be followed, and if you prepare yourself adequately you can send them away pretty sharpish with their tail between their legs... I have never paid a bailiff and I've had tons of them at my door... And as standard practice I will not negotiate with (terrorists) Debt Collection agencies.

For a bunch of info on how to rebuild your credit, and get a large portion of your debt written off without paying a penny towards it check out http://mortgagelenderforbadcredit.net

Cheers
Benj

kurjam

so do i send the letter on august 19th if i still not heard from them ???

what do i do after i sent the letter, ar ethey likely to try and go to court or reply to my letter !!!

i think it will be august 19th i send new letter if i have worked it out right !!
thanks

chocolatechipcookies

I had an interview at a collections agency, and they are on a bonus scheme which is based on them getting you to pay as quickly as possible. So because of that I refuse to believe you can't make small payments. I don't think they can make you pay in one lump if you can't.

lemma1968

I'm in trouble with Natwest too but through Fredricksons. I have CCA'd them and the 12+2 days passed on the 26th July - I know its scary holding out cos it goes against everything we are used to e.g. ignoring letters of demand from these people - but they would expect us to do the right thing legally, they too have legal obligations and we must make them stick to them.

We are on a similar timetable with it so we can weep or rejoice together:rotfl:

rog2

chocolatechipcookies wrote: »

I had an interview at a collections agency, and they are on a bonus scheme which is based on them getting you to pay as quickly as possible. So because of that I refuse to believe you can't make small payments. I don't think they can make you pay in one lump if you can't.

It is DEFINITELY considered unfair, by the OFT, for a Debt Collector to: 'pressurise debtors to pay, in full, in unreasonably large instalments, or to increase payments when they are unable to do so'.

RAS

Kurjam

Any paperwork from the the Mob?

kurjam

hi ras, no reply yet the days are up on august 19th so i have to send the next letter, saying this debt as this account became unenforceable

what shall i do after i have sent this, what if i hear from them when i send this letter !!!

maybe they have forgot about me