Nat West no CCA

[Lost]

Hi,

Advice please.

My partner is requesting her PPI payments back on a loan with Nat west (miss selling). The loan was taken out in 2006.

This has been going on for a number of months and delay letter after delay letter from them.

She rang up Nat west to ask what is happening with her claim and asked for a copy of her agreement -- she was told that they did not have to give her a CCA.

She is still paying this loan.

We sent a formal letter requesting this document 12 days + 2 and the £1 postal order. Two months later she received a letter stating that it has been misfiled and they cannot find it. They state that they cannot comply fully with the request made under s.77 (1) of the consumer credit act but we are able to provide you with a statement of your financial information.

It continues by saying that this loan still remains valid and we expect you to continue to meet your obligations under the agreement.

Can I ask,

• No CCA = no agreement - is this correct?
• No CCA and no signature - can they enforce this.
• Quote “this loan still remains valid and we expect you to continue to meet your obligations under the agreement” How if there is no agreement.

I would really like some advice on this please.


Thanks

Lost

[LJMcLaw]

Re: Nat West no CCA

You have a right to see you Consumer Credit Agreement and the law provides that you can see the consumer credit Agreement. The case of Carey v HSBC (its on this forum under recent judgements) has allowed lenders to reconstitute agreements therefore it is not difficult for them to make one up using information they hold on computer. However they are making them up by including everything that they can find which is not in the actual agreement (lenders misleading consumers - no !! - what did they expect to happen - they dont respect consumers for miss-selling why would they change now). They are NOT keeping to the Judges stipulation that this must be an honest and accurate copy of the document signed. I have seen a recent case where there is very obviously forged signatures and even the wrong date on a credit agreement provided by the lender however the consumer has his copy which is very different, it is going to be very interesting in court.

Write back and remind them to look at the Judgement of Carey v HSBC and state that they have a duty to provide the agreement whatever they think.

[Lost]

Re: Nat West no CCA

Hi LJMcLaw

Thanks for your reply.

I am still asking for clarification from any one.

In the letter received from Nat West it states that it the CCA been misfiled and they cannot find it. They state that they cannot comply fully with the request made under s.77 (1) of the consumer credit act but we are able to provide you with a statement of your financial information.

It continues by saying that this loan still remains valid and we expect you to continue to meet your obligations under the agreement.

The questions I am asking and I hope can be answered is.

• No CCA - so no agreement - is this correct?
• No CCA and no signature - can they enforce this.
• Quote “this loan still remains valid and we expect you to continue to meet your obligations under the agreement” How if there is no agreement.

I think that the Carey v HSBC case has just given more confusion than clarification and given creditors yet again free run.

Thanks

Lost

[Ihaterbs]

Re: Nat West no CCA

Hi LJMcLaw

Thanks for your reply.

I am still asking for clarification from any one.

In the letter received from Nat West it states that it the CCA been misfiled and they cannot find it. They state that they cannot comply fully with the request made under s.77 (1) of the consumer credit act but we are able to provide you with a statement of your financial information.

It continues by saying that this loan still remains valid and we expect you to continue to meet your obligations under the agreement.

The questions I am asking and I hope can be answered is.

• No CCA - so no agreement - is this correct?
• No CCA and no signature - can they enforce this.
• Quote “this loan still remains valid and we expect you to continue to meet your obligations under the agreement” How if there is no agreement.

I think that the Carey v HSBC case has just given more confusion than clarification and given creditors yet again free run.

Thanks

Lost

If they've no signed agreement they will have difficulty in enforcing through the courts but, Should you cease payments Natwest will trash your credit file.

It may be worth offering a full and final settlement payment, this figure is typically around 30% of the outstanding balance....the choice is yours.