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Natwest Loan

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Comments

  • Hi,

    No it hasn't defaulted as it unenforceable. The account is still active and live and they are simply adding a late payment each month. This will seemingly continue forever until this situation is resolved.

    Thanks,
    Andrew
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
    1,000 Posts
    After reading through this thread from the start, is it worth me (and anybody currently paying off a loan) writing a letter requesting a copy of the agreement just in case it can't be provided? Just a thought.
  • sourcrates
    sourcrates Posts: 31,810 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    After reading through this thread from the start, is it worth me (and anybody currently paying off a loan) writing a letter requesting a copy of the agreement just in case it can't be provided? Just a thought.

    For any CCA request, the creditor can respond with a reconstituted copy of that agreement, made up from information held on the creditors systems.

    There is no requirement by the creditor to provide a signed copy.

    If no information is held on the companies systems, then they cannot simply make it up to satisfy your section 77-79 request, they must inform you they do not hold such information.

    If your agreement was dated prior to April 2007, then along side any copy agreement, they must provide the prescribed terms for that account also, if they fail to do that, the account can be rendered unenforceable because of the failure to include them.

    Normally in most cases, a creditor is able to comply with a request for information, but they do not always exercise due diligence in their record keeping.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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