Natwest Loan without loan agreement!! Help needed

[monstertruck_monkey]

After writing to my credit cards and finding out they weren't compliant I decided to have a go at my loans.
I wrote to natwest requesting a copy of my CCA they have written back stating that they have "misfiled" my agreement and are unable to locate it, their records of teh setting up of the loan are insufficient to enable them to recreate the agreement.
I know that this means that they are unable to persue me through the court system to repay this money but does this allow me to persue a claim against them for not having a vaild agreement and having made charges against me?

Also what would I need to do to remove or prevent any entries that they have made against my credit file?

[Amy]

Re: Natwest Loan without loan agreement!! Help needed

The mere fact that the CCA may be unenforceable does not mean that a debt does not exist. If you have made any repayments towards this debt this in itself is proof that an agreement existed and statements showing your payments would suffice.

Conversely, how can you pursue a charges claim on an agreement that you did not have?

If you have not paid or have been late paying, then the CRAs are quite within their rights to record this information.

[Curlyben]

Re: Natwest Loan without loan agreement!! Help needed

For charges and "bad" agreements, the general rule is NO to charges. The deal is one or t'other but NOT both.

As for the CRA's, fire off an s10 (Data Protection Act) request concerning processing of your personal data.

Basically this tells them to stop processing your data as they cannot substantiate the debt at all.

[monstertruck_monkey]

Re: Natwest Loan without loan agreement!! Help needed

Thanks Amy and Ben,
I'll get a letter off to the CRAs with a copy of the letter from Natwest to say that they have no record of the agreement.
What would I need to put in my response to Natwest regarding the cancelation of the outstanding debt?
The original loan was £12,000 and there is about £3k still outstanding.

[monalisa]

Re: Natwest Loan without loan agreement!! Help needed

hi, I would just like to say just incase you haven't heard that you should consider possible ramifications if you have an overdraft for example / creditcard or mortgage with the same bank. As (whether they are supposed to or not) sometimes in retaliation they can put the pressure on in many different ways. Good luck with everything , Monalisa