Natwest CCA - Letter

[oscar]

Re: Natwest CCA - Letter

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.

[Dogchunky]

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

[Pixie]

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

[oscar]

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?

[Dogchunky]

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