Natwest Cca Request Help!

linzi_pinzi

hi requested cca from hubby natwest loan account on the 13th may recieved a letter 2day could someone please explain and give advice on what to do next thanx the letter goes like this:

RE: Request for copy,Credit Agreement under section 77 of the Consumer Credit Act 1974
I refer to your correspondence,regarding the above Act.
Please find enclosed a "true copy" of your credit agreement as requested and a schedule of arrears.
When responding to requests made under section 77, the bank may provide you with a "true copy" of your agreement in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents) regulations 1983(the "regulations"). this means that under section 77, there is no obligation for the bank to provide you with a copy of the original agreement bearing your signature. A "true copy" does not need to contain any personal information relating to you as the debtor (including your name and address - although we often include this for convenience) nor does it need to include a signature box, any signature or dates of signature.

I trust this explains the Banks obligatons under section 77 and is of assistance to you

NATWEST

they sent a copy but it is not the original .....please someone what should we do next

thanking you

Broken_hearted

Sounds like the banks are gearing up for a fight.

linzi_pinzi

I dont understand the letter need someones advice but sounds that way

Leixlip1

Try posting on the Consumer Action Group site - there's a lot of clued-up people on there and loads of info on CCA's.

excel1

Yes they are right in what they have sent you in the sense that it does not have to be the original for the purposes of section 77, its something that RBS and it subsideries seems to use, however to enforce collection in the courts they would have to produce the original otherwise they could make one up for everyone!
To see if they have the original send them a subject access request under the data protection act with the stat fee of £10 and they have to send copies of everything they hold, so you will see if they have one or a valid one that way.

linzi_pinzi

thankyou for your reply were would i find the letter for the subject access request

linzi_pinzi

hi they have sent me a credit agreement regulated by the consumer credit act 1974 this is what the original one would have looked like as they keep on saying its a "true copy"and a copy of a loan protector certificate of insurance and a schedule of arrears none of these have any of my hubby signatures on

thanking you

stapeley

If they can not produce in court a CCA with your signature on it there is no chance of it being deemed enforceable. Did he sign an agreement ?

rbscoundrels

fermi wrote: »

Yep. I might be inclined to go and post on CAG with details of what you have been sent.

http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center

There are several people on there are challenging RBS (Natwest) on this. Including the person in this article:

How trustworthy is your bank? | Money | The Guardian

It really depends on what you have been sent. You state that it "it is not the original", but you don't really describe exactly what they have sent.

It is obvious the agreement the RBS have forwarded is recreated. However, it must contain your signature for enforcement. I would write back and inform them of this.

Paul

rbscoundrels

linzi_pinzi wrote: »

hi requested cca from hubby natwest loan account on the 13th may recieved a letter 2day could someone please explain and give advice on what to do next thanx the letter goes like this:

RE: Request for copy,Credit Agreement under section 77 of the Consumer Credit Act 1974
I refer to your correspondence,regarding the above Act.
Please find enclosed a "true copy" of your credit agreement as requested and a schedule of arrears.
When responding to requests made under section 77, the bank may provide you with a "true copy" of your agreement in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents) regulations 1983(the "regulations"). this means that under section 77, there is no obligation for the bank to provide you with a copy of the original agreement bearing your signature. A "true copy" does not need to contain any personal information relating to you as the debtor (including your name and address - although we often include this for convenience) nor does it need to include a signature box, any signature or dates of signature.

I trust this explains the Banks obligatons under section 77 and is of assistance to you

NATWEST

they sent a copy but it is not the original .....please someone what should we do next

thanking you

I'm afraid omitting the borrowers name and address from copies is contrary to relevant legislation. Oh dear! Was your name and address included in the copy?

linzi_pinzi

on the copy it has my hubbys full name but not the address what does it mean... sorry for being a bit thick but not very clued up about this


thanks