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Letter of Claim and ?CCA

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  • Letter of Claim and ?CCA

    Hi everyone. It's my first post here so thank you for creating this resource. I have an old debt with NatWest - a loan taken out 01/07/2010 and defaulted on my credit file in June 2014. Since then, I have made no payments and have not acknowledged any correspondence from the bank. The debt is due to drop off my credit file in June this year. They have not harassed me over the debt but sent me a polite letter every 6 months to remind me that they are obliged under the CCA to send me notice of the account (a single page notice). I received the most recent of these "notices" on the 10th of February. Under the heading "Credit Agreement relating to loan account number xxxx", it lists (in a few lines) the opening balance as of 27/8/2019; outstanding arrears as at 27/8/2019; details of movement of loan account balance from 28/08/2019 to 10/2/2020; closing loan balance as at 10/2/2020; amount required to settle the arrears as at 10/2/2020 and interest on arrears (£0.00). It includes nothing else (no terms and conditions, etc.) and was not signed. Is this a "true" CCA Agreement? 1 week later (17/2/2020), I received a Letter of Claim from the bank's solicitors. Along with all the expected financial forms, etc., the Letter of claim includes a brief Account Statement showing the opening balance (on 01/07/2010) and the balance owed as of 04/02/2020, plus a statement to the effect that I have made no payments in the last 12 months and no interest has been charged (in reality, I have not made any payments or corresponded with the bank in 6 years). The Letter of Claim also states - "...The agreement this debt relates to was entered into between you and and NatWest on 1 Jul 2010. A copy of this agreement can be requested using the reply form (attached)". My plan was to request a CCA for what it's worth as I still think there is a chance the bank may not be able to produce it. Crucially though, I would like to know it the brief document I referred to above qualifies as a true copy of my CCA agreement with the bank. Please excuse the lengthy post. I would be ve grateful to receive your response(s). Thanks . Drupal.**
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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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