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  • #1

    Natwest CCA - Letter

    I sent the Natwest a letter back in Oct 11 asking for a copy of the Credit agreement that they had for an outstanding loan and they came back saying that due to misfiling they cannot find it and that they legally cannot pursue the money through the courts however they can and have contacted a Credit Ref Agency and told them I have Defaulted and this has been put on by Equifax.

    My Question is if they cannot and do not have anything to confirm any form of credit agreement can they actually put this on my file as it is the only default I have and is there a way to appeal against it and get it removed.

    Sorry if the format of my question is rather scattered just concerned that this is having a negative effect on my CS.
    Kind Regards

    Dog
    Tags: applications, bank, calls, cca, ccj, computer, conduct, cra, credit, credit agreement, creditors, data, debt, default, defaults, equifax, experian, housing, job, law, lenders, lending, letter, loan, lost, mbna, money, mortgage, mortgages, natwest, niddy, paid, payments, phone, phone calls, rate, rbs, removal, staff, unsecured
  • #2
    Re: Natwest CCA - Letter

    Afraid so.

    McGuffick vs RBS confirmed this was possible and that processing of data was still possible if they didnt have a credit agreement.

    I assume if you sent the letter in Oct 11, that the default has only recently been added?
    Last edited by oscar; 25 June 2012, 08:06.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Natwest CCA - Letter

      I was in the middle of replying when I got 3 phone calls.

      Defaults relate to your conduct of the account so, if you haven't paid or are behind with payments, then they can add the default.

      Have a look at UPDATED - Defaults, The Law Removal - allaboutFORUMS
      Let your smile change the world but don't let the world change your smile

      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Natwest CCA - Letter

        It would appear that I defaulted in Dec 2010 after verbally agreeing to make payments however I do not recall every getting from them to that effect.
        I wrote to them in Oct 11 asking for the agreement to which their reply was simply that it has been misfiled and they cannot pursue this debt any longer through the courts however they feel that it is my duty to continue paying it.

        My "beef" is simply if they do not have any proof of agreement how can they put a default in place as they could simply do this with everyone.

        Kind Regards
        Dog

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        • #5
          Re: Natwest CCA - Letter

          Originally posted by Dogchunky View Post
          My "beef" is simply if they do not have any proof of agreement how can they put a default in place as they could simply do this with everyone.

          Kind Regards
          Dog
          They would have had "proof" with regards to payments made and correspondence being sent - that would suffice.

          Obviously if the debt was not yours, the line of attack would be different.

          They will tell you have a "duty to pay" as they dont want to lose money, but they cant persue you as they say. As the default has been in place for 18 months, although its having an effect on your file, it is slowly diminishing. Unless you are planning on applying for a mortgage, I wouldnt worry about it.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Natwest CCA - Letter

            Creditors usually disregard defaults more than 3 years old so you're halfway there already.
            Let your smile change the world but don't let the world change your smile

            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: Natwest CCA - Letter

              @ Oscar thank you kindly for your prompt replies
              @ Pixie Thank you I will certainly read that information

              "They would have had "proof" with regards to payments made and correspondence being sent - that would suffice"

              However there would be no proof what the amount was for and when it stopped being paid, as they have lost the agreement...or am I really simply clutching at straws here.

              Now that the Default has been registered I understand it will be 6 years before it drops off is that the case, also will future credit be pretty much impossible to get.
              Kind Regards

              Dog

              Comment

              • #8
                Re: Natwest CCA - Letter

                Originally posted by Dogchunky View Post
                "They would have had "proof" with regards to payments made and correspondence being sent - that would suffice"

                However there would be no proof what the amount was for and when it stopped being paid, as they have lost the agreement...or am I really simply clutching at straws here.

                Now that the Default has been registered I understand it will be 6 years before it drops off is that the case, also will future credit be pretty much impossible to get. Kind Regards

                Dog
                Usually, with a loan, as well as giving the start date on a credit file, it will give the number of repayments to be made and the amount - so will say somewhere start date 25/6/12 £245@36 months

                Credit wont be impossible to get - but do you want / need any? You are correct that it will be 6 years (from date added) before drop off, but as pixie says, many lenders only search for the last three years.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: Natwest CCA - Letter

                  @Pixie 3 years if that is the case then your right I am half way there already..not good practise though...went through a torrid time what with one thing of another...anyway what does not kill us only makes us stronger.

                  Kindest Regards

                  Dog

                  Comment

                  • #10
                    Re: Natwest CCA - Letter

                    Originally posted by Pixie View Post
                    Creditors usually disregard defaults more than 3 years old so you're halfway there already.
                    Out of curiousity where do you get the idea that lenders ignore defaults after 3 years. I know for certain 99% of mortgage lenders dont and I was speaking to a bank manager and I got the impression that most mainstream lenders these days look at the whole credit file.

                    Comment

                    • #11
                      Re: Natwest CCA - Letter

                      Flowerpower I'm in the industry ( admittedly on the mortgage and FS side), but I think even for OD's ,loan etc they are looking beyond 3 years now at ccj's and defaults.

                      Do we have anybody on the forum who works on that side of the lending industry to check for certain.????
                      Last edited by mgfboy; 25 June 2012, 10:26.

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                      • #12
                        Re: Natwest CCA - Letter

                        @ FlowerPower

                        I am looking to buy a new place in the next couple of years so in short this default will certainly go against me, would it make it pretty pointless to apply for one even if I have got the deposit in place to offer up front, or is it more on an case by case scenario.

                        I eagerly await your reply

                        Kind Regards

                        Dog

                        Comment

                        • #13
                          Re: Natwest CCA - Letter

                          Originally posted by Dogchunky View Post
                          @ FlowerPower

                          I am looking to buy a new place in the next couple of years so in short this default will certainly go against me, would it make it pretty pointless to apply for one even if I have got the deposit in place to offer up front, or is it more on an case by case scenario.

                          I eagerly await your reply

                          Kind Regards

                          Dog
                          I know of one lender in th whole UK market that may lend to some one with a current default. The default has to be over 3 years old and the rest of the credit history has to be clean.

                          Comment

                          • #14
                            Re: Natwest CCA - Letter

                            @mgfboy

                            Thank you for your reply, would you be able to tell me who the provider is please, PM it to me so you don't have to put it all across the forum, as this could be construed as free advertising.

                            Kind Regards

                            Dog

                            Comment

                            • #15
                              Re: Natwest CCA - Letter

                              Originally posted by Flowerpower
                              I would say it would go against you, however, it's impossible to generalise. Each lender has its own criteria and their policies are subject to change so even if we found out what each and every lender's policy is at the moment it could all change in the next few years, look at how the income criteria was progressively relaxed, in the 90s it was usually 3x, maximum 4x. During the housing boom 5x and even 6x were acceptable. Same with LTV ratios, in the 90s 100% mortgages were rare and usually only available at a high interest rate. In the noughties there were 125% LTV mortgages...

                              You may find someone willing to lend you but your choice of lenders and/or deals would be restricted.
                              On the mortgage side within reason I do know what their policies are, I have a piece of software that is updated daily. Saying that it still boils down to the app and with most lenders what the computer says.

                              Comment

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