NatWest Loan - Next Move????

NatWest Loan - Next Move????

Postby rodgreenwell » Tue Oct 27, 2009 12:02 pm

NatWest loan in dispute...

NatWest have completely ignored all letters and notices (Conditional Acceptance, Fault and Default etc) and instructed Incasso Llp (solicitors) to act on their behalf. (this was done around 9 weeks ago and I had one initial letter which was replied to with a "go away notice) and it has gone quiet since... However, NatWest deny any dispute exists and have answered in their customary fashion... blah blah blah and send us 1.00 and we will send a copy of the credit agreement. Now I already have a copy of an agreement that goes back circa 7 months ago, so in line with their letter, play their game and to gain more time to formulate a response or commercial lien, I send my 1.00 and request a copy of the agreement under s.77/78 of CCA 1974.

Original request sent by recorded delivery letter dated 5th September 2009.

Follow up to original request sent 10th October 2009 (again by recorded delivery) and saying that the agreement is unenforcable as they are in breach etc etc.

Today, 27th October 2009, I recieve a letter from Natwest (letter dated 21st October 2009) with copies of my requests dated 5th September and 10th October attached. There letter is two paragraphs and says, " We return your letter, as attached, which we are unable to action. Unfortunately, we do not hold your signature on record, please can you provide us with another form of identification and we will action your request accordingly."

1. They are obviously in breach of the 12+2 day rules... (46 days by my maths) and subsequently asking for proof of identification.... they have not supplied the agreement or complied with s.77/78 of CCA 1974 :giggle:
2. IF they do not hold a copy of my (strawman) signature (which they do as there has been much correspondence prior to my acting on behalf of strawman) on file or on record, how can they send me a true copy of the agreement that relates to the account, surely the agreement with a signature is a "copy held on record, is it not? :puzz: (Remember, I already have a copy which has (appears to have been) signed by both parties)) but their request makes little sense other than the fact they know they are in breach of the 12 + 2 day rules, or have "lifted" my signature to produce the document I recieved some months ago. Why dont they hold a copy of this document anyway and just send it to me again??? :thinks:

Looking to formulate a response over the next couple of days, but it feels as if I have some ammunition here and want to make the best use of it...

Suggestions/comments much appreciated.

Thanks

Rod
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Re: NatWest Loan - Next Move????

Postby gepisar » Tue Oct 27, 2009 12:47 pm

rodgreenwell wrote:NatWest loan in dispute...

Today, 27th October 2009, I recieve a letter from Natwest (letter dated 21st October 2009) with copies of my requests dated 5th September and 10th October attached. There letter is two paragraphs and says, " We return your letter, as attached, which we are unable to action. Unfortunately, we do not hold your signature on record, please can you provide us with another form of identification and we will action your request accordingly."

Write back saying that you're in receipt of their letter returning your letters, and therefore CrapWest can be assured you are who you say you are, and if in doubt heres a toe print..[teehe]


1. They are obviously in breach of the 12+2 day rules... (46 days by my maths) and subsequently asking for proof of identification.... they have not supplied the agreement or complied with s.77/78 of CCA 1974 :giggle:

This doesnt really have teeth. Even back in the days when this was a criminal offence (which NO ONE i knew could fathom what offence, nor what the penalty was) it didnt have teeth. In 2006, the offence was repealed anyway. So they can do this and there is little consequence. Bung in a SAR! I BELIEVE though, if you check section 77/78 of the CCA if they have not produced the required docs, they can not enforce the agreement until they do.


2. IF they do not hold a copy of my (strawman) signature (which they do as there has been much correspondence prior to my acting on behalf of strawman) on file or on record, how can they send me a true copy of the agreement that relates to the account, surely the agreement with a signature is a "copy held on record, is it not? :puzz:
Well, no signature, no contract, no contract, wtf ...

(Remember, I already have a copy which has (appears to have been) signed by both parties)) but their request makes little sense other than the fact they know they are in breach of the 12 + 2 day rules, or have "lifted" my signature to produce the document I recieved some months ago. Why dont they hold a copy of this document anyway and just send it to me again??? :thinks:
I think theyre playing silly buggers and saying that since you havent signed your subsequent correspondence, how do they know they're dealing with YOU!? (i.e. they want you to sign your letters....mmm)
Poor is the man whose pleasures depend upon the permission of another.
"Paper money eventually returns to its intrinsic value - Zero" - Voltaire 1729
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Re: NatWest Loan - Next Move????

Postby rhiannon » Wed Nov 04, 2009 1:19 pm

Surely they can't do anything to you now.. they have admitted they have no contract!
I'm sure you will have guessed that they may well want another form of ID so they can lift your signature from it.

I am dealing with Natwest at the mo, with a current account o/d that they do not have a contract for. They will try every bluff in the book.

I'm not an expert but I would suggest sending them a section 10 dispute notice or just a final notice stating lawful estoppel.... not signed , of course!
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Re: NatWest Loan - Next Move????

Postby Ivy » Thu Nov 05, 2009 8:04 am

No contract = nothing to enforce....
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