Still going for the nastywest

[hellhasnofury]

Great News Hell.....



It certainly does pay to be persistant, that really is a great result and I'm sure the cheque will clear fairly quickly......they aint gonna want no arguements with you now are they....!!!

Oh my god Deller, I don't know if you can remember me, that newbie that couldn't do a spreadsheet and asking questions all the time. You where an absolute star and very helpful and supportive. So its your fault really, I have turned into a nasty, won't take no for an answer, type of consumer. Na I think it was there all the time just waiting to come out.

[Celestine]

CONGRATULATIONS HELL!!!

Way to go! well done on your dogged persistence, it really has paid off.

[hellhasnofury]

Hello all,

Well I have got one of the cheques for £3.400, but they seems to be slow with the other one. I will give till Monday and then they will get the wrath of me.

Anyway I'm keeping busy with letters to their credit card section over their non-compliance of the CCA request. They think they are so smart, and down right condenscending and rude. They think if they say it, its true, but what they forget is I have the law of the consumer credit act on my side. And I won't give up till I have had my pound of flesh returned back to me.

Told you I was bitter

[Nattie]

congrats on the first cheque and hopefully the other one will arrive shortly.

[hellhasnofury]

Thank you Nattie, your congradulations means a lot to me. you old pig you

[Nattie]

Cheeky git

[hellhasnofury]

Cheeky git

LOL god love ye you swine and all pink and everything

[Tempty]

Only just found this thread of yours hell!

well??? did ya get it then?? did ya? or are you still waiting (i would say paitently....but does'nt seem to fit the bill for you LOL) for that second cheque to turn up?

[hellhasnofury]

Only just found this thread of yours hell!

well??? did ya get it then?? did ya? or are you still waiting (i would say paitently....but does'nt seem to fit the bill for you LOL) for that second cheque to turn up?

Hello Tempty,

Do I know you by another name?????

Yes the cheque came this morning so I have carried it very gently all the way to another bank and cashed it.

But I have of course not finished with them. That was for full and final settlement of one loan only. There was one before that So as soon as this one clears, there will be sparks coming of this keyboard.

Oh and they will be getting a bit of a shock if they don't remove the default from my credit file. They have just added it last month, cheeky bleeders. There is no credit agreement for this loan, so they have illegaly defaulted. Might reclaim all of the interest I have paid on this loan and go for compensation for the terrible distress they have caused me.

[Tempty]

[quote=hellhasnofury;9710]Hello Tempty,

Do I know you by another name?????

Yes the cheque came this morning so I have carried it very gently all the way to another bank and cashed it.

But I have of course not finished with them. That was for full and final settlement of one loan only. There was one before that So as soon as this one clears, there will be sparks coming of this keyboard.

Oh and they will be getting a bit of a shock if they don't remove the default from my credit file. They have just added it last month, cheeky bleeders. There is no credit agreement for this loan, so they have illegaly defaulted. Might reclaim all of the interest I have paid on this loan and go for compensation for the terrible distress they have caused me. [/quote

nope I'm Tempty everywhere I go unless you happened to play online games a few years back! ( i don't play these days though!) then I was Temptress! everyone shortend it to Tempty so that's what I use now LOL.


Fantasic news
congrats on getting your second cheque from them

Hehe get after em Tiger! at least they know you mean buisness now

[enaid]

Oh Hell, I would feel sorry fro them if it was possible to.
Why do they keep messing with you gor gawds sake, they may as well just roll over and die

[hellhasnofury]

Oh Hell, I would feel sorry fro them if it was possible to.
Why do they keep messing with you gor gawds sake, they may as well just roll over and die

Thanks

Enaid they can roll over and die after I have finished with them

[Tempty]

Nooooooooooooooooo let me win before ya kill em off please

[hellhasnofury]

Hello,

Well I have just spent a bit of time on this letter
I think the fireworks will go off now and I might get a bit of closure on this default thingy. Lets wait and see.

dear whoever,
Loan account noXXXXXXXX

I am frankly shocked and appalled by the despicable conduct of the National Westminster Bank over its breaches of the banking code to which it subscribes, in its endless strive for “unjust enrichment”. In the period running up to 2001, I was enduring financial difficulties and being my main bank account of this your company was well aware.

I understand under the Consumer Credit Acts and following a House of Lords judgment, that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself.

You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. The premium was for £4,600 and the total charge of interest for the premium alone was £4,094.00. The interest was applied at 8.9% each year for 10yrs. This is totally unacceptable.

I believe contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, I believe that you should have disclosed to me that the type of policy you mis-lead me into, a single payment premium, did not give a pro-rata refund in event of early settlement. I believe you should have made it clear to me that the policy generated large profits for you. This is deemed as unjust enrichment. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.

It also appears that you tried to mislead me and blatantly lie over the cancelling of the policy, In Ms XXXXX letter 5th of April 2007, she states “ I note that your policy remains live, which means I am unable to calculate how much this refund will be”. In your letter of 21st April 2007, you have stated “You have demanded that your current payment protection policy is cancelled and so I have contacted your branch to request that this is done as soon as possible”. Can you please explain to me why according to a breakdown of payments, received from the lending operations department of Natwest, the amounts of £599.11 and £973.78 were refunded to yourselves on 25th April 2006.

I am frankly shocked that your Company, have operated my loan account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

However I shall be looking into previous loans were mis-sold payment protection insurance was applied as these previous loans will have seriously affected the balance of the loan xxxxxxxxxxxxx..

I now wish to discuss another serious issue relating to the above account.

I made a request to your Company on 6th March 2007 for a true copy of the original executed agreement applicable to this account. Your company have informed me that they do not have a credit agreement for this account. I require confirmation of what has happen to this credit agreement, whether it has been misplaced or destroyed.

It has come to my attention that your Company has in June 2007 made an entry on my Experian Credit file. It is marked as defaulted on the 5th May 2007.

For the sake of clarity, and to avoid any confusion, your company has confirmed that there is no credit agreement for the above account.

I would like to refer to the Consumer Credit Act 1974.

S.60 Form and content of agreements
(1) The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of—

(a) the rights and duties conferred or imposed on him by the agreement,
(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

S.65 Consequences of improper execution
(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

S.127 Enforcement orders in cases of infringement
(1) In the case of an application for an enforcement order under—
(a) section 65(1)(improperly executed agreements), or
(b) section 105(7)(a) or (b)(improperly executed security instruments), or
(c) section 111(2)(failure to serve copy of notice on surety), or
(d) section 124(1) or (2)(taking of negotiable instrument in contravention of section 123), the court shall dismiss the application if, but (subject to subsections (3) and (4)) only if, it considers it just to do so having regard to—
(i) prejudice caused to any person by the contravention in question, and the degree of culpability for it; and
(ii) the powers conferred on the court by subsection (2) and sections 135 and 136.
(2) If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so as to compensate him for prejudice suffered as a result of the contravention in question.

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)
(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the
prescribed manner).


This will be a complete defence to any court action that you may consider taking. I am sure your legal department understands, that not providing the evidence would conflict with Pre-Action Protocol 4.6 and would make your position extremely hard to justify if this matter goes to court.

For the avoidance of doubt, I would like to confirm that the Natwest have indeed responded to the request I made under S78; by informing me that they do not have a credit agreement for the above account. They have however provided me with a breakdown of the account and the recent terms and conditions. (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed. A copy of current terms and conditions is not sufficient.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a correctly executed credit agreement is a very clear legal dispute and therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any information in respect of this account with any of the credit reference agencies.
• You may not issue a default notice related to this account.

I have calculated that from the 4th June 2001 to 9th May 2006,I have paid over £14,417.37 which includes £8,904.28 in interest to the alleged account. Your ???Contractual interest of 8.9% applied of £3,027.89 over this period brings this amount to £12.090,17. I have further paid your company since May 2006 to date a further £1,244.39.The defaulted balance showing on Experian to date is £14,470. This figure will still contain applied interest. Please inform me of any additional charges that may be included in this balance.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no regulated agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

As there is no regulated agreement in relation to this account, therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

Please accept this letter that in the event of any adverse reporting while this account is in clear legal dispute, I will issue a claim at court to get any adverse credit history that has been added by the Natwest removed. I will also ask the court to order production of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by me in respect of this alleged debt.

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies and third parties.

This S.10 Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused; and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

I will also ask the court to order production of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by me in respect of this alleged debt.

Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 14 days, I will expect this to mean that the Natwest agree to remove all such data.

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, I will pursue the matter through both the courts and the Ombudsman.

The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the regulated credit agreement, these time limits have passed and it is now over 15 weeks from my original request.

Therefore, you must provide me with a final response in this matter, within 14 days, including your proposed actions for this account, no later than 14th July 2007.. May I suggest that there is urgent liaison within the differing departments for a swift resolution to this matter. I enclose my correspondence to the Lending Operations for your reference.

I look forward to your final decision on this complaint within 14 days. This should include your proposed actions in relation to the lack of a regulated credit agreement.

Yours sincerely,

me
Cc Lending Operations.

MMMMmmmmm

Keep you posted even if I'm in prison

[enaid]

Bloody Hell Hell,
Thats a very fine letter, not that I understand it 100% but it looks to me like you have covered everything and give them no escape route. Good luck I will keep watching lol. Enaid x