Large Natwest loan - enforceable?

[Shoestring]

Hi all,

Firstly a little hello and introduction, I've been referred to this site from another (I've had a quick look around and everybody seems a lot friendlier here!), and this is my first post, so please be gentle!

I've got a number of debts - all approaching statute barred periods but my main concern at present is a large (10k+) debt currently being dealt with by CapQuest. After a little to and fro'ing the account has been placed in dispute with them whilst I was awaiting CCA request documents.

Now a document has been sent to me (attached to this message, sent from the OC, not from Capquest) along with a basic statement of account (looks like it was typed in word or something).

I'm a bit clueless (even after looking at the stickies) as to whether this is enforceable or what my next actions should be, can anyone advise please?

Any help much appreciated!!

Shoestring

[Undercover Elsa]

Re: Large Natwest loan - enforceable?

Hi Shoestring and welcome to AAD!
You're right..it is much friendlier on here than "elsewhere"
To get you started, take a look at the Unenforceability Guide: http://forums.all-about-debt.co.uk/s...99&postcount=2

What year was the loan taken out?

Could you also email a copy of your unedited agreement to Niddy at agreements@all-about-debt.co.uk, remembering to put your user name in the subject heading. Only Niddy can see these..no one else, not even mods, has access to it. He'll check it out for you and let you know one way or the other whether it's enforceable or not.

Good luck, and give us a shout if you get stuck.

Shep x

[diddlydee]

Re: Large Natwest loan - enforceable?

Hi Shoestring, and welcome to AAD.

I've removed the attachment from your post; as Shepherdess says, we prefer that you don't post agreements here in your thread.

Never-in-doubt is our forum owner, and in order to help you move forward, he will need to see a complete unedited version; by removing information (personal or otherwise) he won't be able to give you accurate information and will have no choice but to declare the loan enforceable.

Please rest assured that Niddy is 100% trustworthy as he has seen squillions of agreements (including my own).

Follows Sheperdess's instructions above and you'll soon have a better insight in how to fight this.....

Good luck with your journey; we are all here to support, and don't worry, we'll always be gentle

diddly x

[Shoestring]

Re: Large Natwest loan - enforceable?

Thanks both, sorry for the incorrect posting of the docs - I'll make sure to email them to Niddy later on this morning.

Shepherdess - the loan was taken out in 2005.

I've read about starting a diary so I've started mine below!


Creditor: Natwest
Type: Personal Loan - Unsecured

Current Balance - Approx £14k (not rising)

Correspondence

<- Dec 2011 - Notice from Natwest they have sold my account to Capquest
<- Dec 2011 - Notice from Capquest of their 'involvement' with my account
-> Jan 2012 - CCA request sent to Capquest
<- Jan 2012 - Account on hold letter received from Capquest
-> Jan 2012 - SAR request sent to Natwest
<- Jan 2012 - Response to CCA *From Natwest* asking for utility bill to confirm address
-> Jan 2012 - Copy of recent utility bill sent to Natwest as requested
-> Jan 2012 - Account in dispute letter sent to Capquest
<- Feb 2012 - Account on hold letter received from Capquest
<- Feb 2012 - CCA response received from Natwest (first page of app & statement of arrears)



Hope this is ok, thanks again!

Shoestring

[oscar]

Re: Large Natwest loan - enforceable?

Have you stopped paying this loan, and if so, when

[Shoestring]

Re: Large Natwest loan - enforceable?

Hi Oscar, I stopped paying this mid 2006 time.

**Emailed Niddy**

[Undercover Elsa]

Re: Large Natwest loan - enforceable?

Well done Shoestring
So they didn't send the T&C's (original and as varied) for the loan? In which case they're still in default of your request....

Also...did you receive a "Default Notice issued under section 87" stating you were in arrears and giving you a deadline to pay? And a letter of termination?
Sorry for all the questions but it's all relevant...

Shep x

[Undercover Elsa]

Re: Large Natwest loan - enforceable?

Hi Oscar, I stopped paying this mid 2006 time.

**Emailed Niddy**

Soooo unless you've given them clear written acknowledgement or made any further payments since 2006 it's almost Statute Barred...unless you're in Bonnie Scotland where it already is.

[Shoestring]

Re: Large Natwest loan - enforceable?

Well done Shoestring
So they didn't send the T&C's (original and as varied) for the loan? In which case they're still in default of your request....

Also...did you receive a "Default Notice issued under section 87" stating you were in arrears and giving you a deadline to pay? And a letter of termination?
Sorry for all the questions but it's all relevant...

Shep x

I was issued with a default notice, giving me 14 days to pay the arrears on the account, then issued with a demand for repayment letter, which did not specifically mention termination...

[Never-In-Doubt]

Re: Large Natwest loan - enforceable?

This is SB in July 2012. You really need to play this carefully as you're literally a handful of months away from reaching that goal.

You sent a cca, was it our template or that from another site - have you spoken To or admitted the debt to anyone over the last few months?

[Never-In-Doubt]

Re: Large Natwest loan - enforceable?

Forget default / termination for now. Not relevant.

We're looking specifically at the status under limitation act.....

[Undercover Elsa]

Re: Large Natwest loan - enforceable?

Apart from faulty DN's...
What was the remedy date of the default notice Shoesmith? That would give a good indication of the date of "accrual of cause of action"...if it was issued accurately. That would be when the 6 yr clock started ticking.

[Never-In-Doubt]

Re: Large Natwest loan - enforceable?

Actually I have a print out of missed payments which supercedes all defaults as that confirms first missed payment.

Seriously forget defaults right now. It confuses matters.

[Undercover Elsa]

Re: Large Natwest loan - enforceable?

Actually I have a print out of missed payments which supercedes all defaults as that confirms first missed payment.

Seriously forget defaults right now. It confuses matters.

Ahhh..even better! OK cool!

[Shoestring]

Re: Large Natwest loan - enforceable?

Thanks for your replies so far!

Shep - I'm in England so fingers crossed for a few more quiet months! Also, no, they didn't enclose any T&C's, I've forwarded on what they've sent to Niddy... I've put the account in dispute with Capquest, should I put the account in dispute with Natwest too as they were the ones that sent me the documents?

Niddy - I haven't spoken to anyone over the phone about this debt since Natwest back in 2006. I have however sent 4 letters, all of which have been worded to avoid addmission of debt, I've sent a copy of each to your 'agreement' email, hope this is ok.

Thanks again

Shoestring