what do i do next? do i pay up??

magoogy

p>just had a letter after sending my 2nd letter about not receiving the CCA i paid the £1 forit goes;-</p>
further to our letter of 16.07 concerning your complaint in relation to the charges applied to your account and your request for a copy of your credit agreement, please accept our apologies that you have found it necessary to complain.in the interests of improving the service we offer to our customers, all complaints are taken very seriously and a full investigation is always carried out.our understanding of your complaint is as follows;

you wish for a breakdown of all charges applied to your accoun

tyou request a copy of your credit agreement with us

we have made a full investigation, assessed your concerns and can confirm our findings as follows;


your statement issued on 17.3 requested a minimum payment of £86, no payment was received and an admin charge of £12 was applied to your account on 14.04

natweststaffmember

My understanding on good authority is that Under the Credit Consumer Act, the provider must give you the true copy of the original agreement within 12 days or the debt is unenforeable, if they fail to do so after 30 days then the provider is breaking the law. I will get you a copy of the Credit Consumer Act so you can have a look.

Edit Link to Credit Consumer Act 2006
http://www.opsi.gov.uk/ACTS/acts2006/60014--a.htm#15

magoogy

thanks natwest,etc.....bit scared here...

magoogy

dont know what is happening here but here is the rest of the letter;-i am unable to provide a copy of your original signed agreement

it is made clear in the your account section at the back of your catalogue that a charge is applied should you fail to make a payment, and as such i am satisfied that the charges applied to your account are fair and reasonable.we are aware of the statement of the OFT's position regarding fair charges. for the reasons given above, we are satisfied that the charges applied to your account are justifiable in accordance with the views of the oft and are fair within the unfair terms in consumer contracts regulations.

under sections 77 and 78 of the consumer credit act 1974 we are required to provide a copy of the executed agreement (if any). on the assumption you have signed the agreement supplied to you at the time of opening your account. we enclose a copy of our agreement, which complies with the requirements of the consumer credit (cancellation notices and copies of documents) regulations 1983.

i confirm that this letter concludes our investiggations into your complaint. i trust our explanation meets with your satisfaction.

as your complaint is in relation to a credit agreement that was sold before 6th april 2007 you are unable to refer your complaint to the financial ombudsman service (FOS) as we were not a member of the dispute resolution service until this date. i should advise you that if you do decide to refer to fos it is unlikely they will consider your complaint.

this is our final response.

---

so - what do i do now?

do i have any rights left??

when i begain finding it hard to make payments i did ask to go on reduced payments but they never replied.the last paragraph seems suss - any ideas?thanks guys

Fonz_2

Sounds to me like they're unable to supply the signed credit agreement and are working completely on the assumption that you would have signed one.

I'm not an expert on such things so I'm sure someone more in the know will be along in a minute to give more information but to me it sounds like they're chancing their luck on the basis that you won't push further for a true signed copy of the agreement.

magoogy

thanks fonz - the last paragraph scares me...but, anyone else any ideas what to do next please?thanks

natweststaffmember

I have been asking someone i know is more knowledgeable than me. If you have been charged interest then it is covered by the Credit Consumer Act 1974.

magoogy

natwest - im just wondering if the whole sum is enforcable because they havent got a signed cca?on here some people have had whole sums written off due to the creditor not having a signed cca - hence, my questions...i wouldve paid willingly at the beginning but, they became ignorant and stopped answering my request for reduced payments when my mum passed away else i wouldnt be in this mess...thanks

magoogy

any else any help please?thanks

angelavdavis

Is this from a DCA acting on behalf of Natwest? If so, who are they?

I think they are trying to confuse you with the last para.

1) Did they cash your £1? If so, they need to respond with the correct information, ie a signed CCA.

If not, I think you should followup as follows:

WITHOUT PREJUDICE

Dear Sir or Madam

Account number - xxxxxxxxxx

Thank you for your letter of xxx.

Further to this, I am somewhat confused by your response to my letter of xxxx (sent recorded - copy attached) as you have failed to provide the information requested and reiterate again:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. *I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.
*I enclosed a payment of £1 which I note you have cashed, therefore this cover the statutory fee.
2. The deed of assignment as it appears that this debt has been sold on.

I would request that this data is provided to myself within the next 28 days, if you are unable to provide a copy of the consumer credit agreement signed by myself, please cease to harrass me for payment as you are unable to prove that this debt was in fact incurred by myself and therefore enforce this debt.

* you will need to amend as necessary.

magoogy

thanks angela - natwest was the name of the person who responded to my query - i was answering/asking him a question.....its marshall ward whom im trying to sort this out with....ive drafted your letter now and will post it todaythanks