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  • Natwest / CrapQuest CCA problem

    In a nutshell, been on a dmp with CCCS for years now, the biggest main debt owed to Natwest for a personal loan taken out around 12 years ago, total owed to date around 21k, sore point this loan, as we feel Natwest borrowed irresponsibly, always calling us in for "customer reviews" and telling us our best option was to re-do the loan, they always (very under handedly) put loan protection on it too, telling us to cancel it and get the cash refund from it (this was obviously done so the staff were seen to be selling policies and hitting targets) dont get me wrong, no one forced us to sign for re-doing the loan, but feel that if Natwest hadn't made us feel like it was what was best, then our financial situation wouldn't be half as bad as it is!
    They allowed my husband (then partner at the time) as a single unsecured borrower to constantly up the loan to a total of 20k, gave him 2 overdrafts, 2 credit cards.... all on a wage of 15k....

    Anyhows.... We paid the loan for years at the monthly rate while all was ok and we still banked with Natwest, then went with the CCCS in 2006, so continued to make payments through our dmp to them of around £40, then they passed it to intrum justicia, so the payment went to them monthly, then they must have sold it to CrapQuest, and when I started getting their letters, with a higher balance than I thought we owed, and their constant daily hounding phonecalls, which I never answered, *I mentioned it to my brother, who said I was a fool paying any creditors a penny who hadn't provided me with a cca proving they have the right to collect, so I stopped cccs making any further payments in respect of the loan, and fired up a cca request letter, DIDNT sign it, sent it to CrapQuest, got a bullshit letter back saying they couldnt proceed with my request as I hadn't signed the letter, so I sent back a letter I found on a forum stating that I do not have to sign blah blah blah.... They then wrote back saying the account was on hold while they try to obtain a cca for the account off Natwest, ....... all was quiet for a few weeks, gets a letter off Natwest, unfortunately they are unable to obtain a copy of the original cca, but as the loan was taken out before such a date (and some other bull) and that they dont have to provide me with it, that the debt still stood??????......... dont know if this is true???

    No CrapQuest letters for a few weeks....up until end of last week, one arrived from a department called HL Legal now saying arrangements are being made for doorstep recovery agents Scotcall to visit *to compile a property/asset report to assist *in any possible future legal action, it also says they will add charges to the account..... Didnt think they could add further charges to an account thats in dispute (no mention of course that I've requested the cca, and they are unable to provide it) ....... I know this is probably just another scare tactic, but it is still horrible receiving them none the less!! *......god forbid if anyone does call cos I'll rip their fookin head off the way I feel at the minute!!! *
    What should I do now???.... Just ignore them, or should I send a 2nd letter stating that I have requested a copy of the cca, they have failed miserably in meeting this request, and as it was well over 3 months ago they are now committing a crime in chasing a debt that is clearly un-enforcable......... aaarrrggghhh....... I . HATE . CRAPQUEST!!!!!!!

  • #2
    Re: Natwest / CrapQuest CCA problem

    Please email me the letter

    Thanks.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Natwest / CrapQuest CCA problem

      Back to the nitty gritty:

      - no crime is being committed. You're reading old legislation. They're in default of your s.78 request hence they cannot seek to enforce the debt but they CAN hassle you for it.

      As I say once I see the letter I'll be able to compose a response for you!
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Natwest / CrapQuest CCA problem

        Just sent you 2 letters...... If I've sent them correctly.....

        Look forward to receiving your expert advice

        Xxx

        Comment


        • #5
          Re: Natwest / CrapQuest CCA problem

          Oh yeah..... From reading the letter I've just sent ya, it appears the loan was for 25k??????

          Sweet jesus, me head is now well n truly up somewhere I dont really want it to be!!

          That's why I wanted copies of agreements of each and every single time they "advised" us that re-doing the loan was the best option......

          Trying to sort through this while I'm suffering with a kidney infection is making one a trifle razzed off!!

          Comment


          • #6
            Re: Natwest / CrapQuest CCA problem

            Originally posted by Pinksparkles View Post
            Oh yeah..... From reading the letter I've just sent ya, it appears the loan was for 25k??????

            Sweet jesus, me head is now well n truly up somewhere I dont really want it to be!!

            That's why I wanted copies of agreements of each and every single time they "advised" us that re-doing the loan was the best option......

            Trying to sort through this while I'm suffering with a kidney infection is making one a trifle razzed off!!
            I suspect if Niddy is sorting a reply for you its them who will have a kidney infection very soon - they are going to wish they had never sent that letter if they are on the receiving end of a niddy special
            When you have nothing you have nothing to lose

            Comment


            • #7
              Re: Natwest / CrapQuest CCA problem

              Ooooooh I hope so!!!!

              Comment


              • #8
                Re: Natwest / CrapQuest CCA problem

                Ok, I am lost at the content of their letter - they are talking absolute shyte!! I would consider sending the following off, see what that does (send it recorded with a £1 cheque again)....

                Good Luck

                Dear Sirs

                Account No/Reference No: XXXXXXXX

                I refer to your letters dated 3rd May & 11th April 2012. As you'll be aware I previously made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77 for a true copy of the regulated agreement referred to in the above account number. You will no doubt be aware that non compliance will result in this account being unenforceable until such time you do comply and send the necessary documents as per the provisions of the Act.

                To date you have failed to comply with my statutory request thus have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or until it is enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as your default is revoked. Similarly, in line with recent OFT Guidance surrounding unenforceability, I presume you're aware that the OFT has stipulated that s.77 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term agreements? Well under the relevant section (s.77) a person can pay £1 to get:
                • a copy of their agreement
                • copies of some of the other documents mentioned in their agreement
                • a statement of account.

                If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
                • make the debtor pay the debt before they're supposed to
                • get a court judgment against the debtor

                As this account is clearly unenforceable, not only am I ceasing all payments toward this account, but I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred as unlawful and vexatious with a counter-claim forthcoming.

                In the meantime, I require that you clarify your position on this point as based on your last letter from April, you're talking absolute nonsense and any repeat occurrences will be met with a formal complaint being sent in against you. How you do not understand the basic principles of the Consumer Credit Act fails to register, none more so than correcting you because the original loan was in fact for £5,000 and was taken out well within the provision of s.77 so I am lost as to what you refer to when you say 'it is over £25,000 and was taken after 2001' - 2001 has no effect to anything CCA1974 related other than the inclusion of the 2004 Electronic Communications Act which does not apply here because I did not apply online.

                So, I suggest you go and find and send me the original agreement because failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

                I await your prompt response.

                Yours faithfully,



                Sign Digitally
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • #9
                  Re: Natwest / CrapQuest CCA problem

                  Just very quickly, maybe a typo, Why would this be relevant - :

                  I am lost as to what you refer to when you say 'it is over £25,000 and was taken after 2001' - 2001 has no effect to anything CCA1974 related other than the inclusion of the 2004 Electronic Communications Act which does not apply here because I did not apply online.
                  £25K I understand, but not the taken after 2001 and the reference to ECOA 2004 - of course you have seen letter so could be completely correct. (or should it be 2010?)
                  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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                  • #10
                    Re: Natwest / CrapQuest CCA problem

                    Originally posted by oscar View Post
                    Just very quickly, maybe a typo, Why would this be relevant - :



                    £25K I understand, but not the taken after 2001 and the reference to ECOA 2004 - of course you have seen letter so could be completely correct. (or should it be 2010?)
                    Its irrelevant but THEY mentioned it in their letter thus I have brought it up as to ask, why? ie what relevance does it have, why are you bringing it up...?

                    Natwest stated in their letter it was after 2001 and over £25k, it wasn't - it was £5k and the fact it was 2001 means little. I mentioned the elec comms act in 04 as a way of saying, that is ALL that has changed but this was before then so what's your point....

                    See what I'm saying...?

                    No typo from me
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: Natwest / CrapQuest CCA problem

                      Originally posted by Never-In-Doubt View Post
                      See what I'm saying...?

                      No typo from me
                      I do. You're trying to be as confusing as fuck. It worked
                      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


                      • #12
                        Re: Natwest / CrapQuest CCA problem

                        Originally posted by oscar View Post
                        I do. You're trying to be as confusing as fuck. It worked
                        yep, well they lied so I am asking them to back it up....
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Natwest / CrapQuest CCA problem

                          Originally posted by Pinksparkles View Post
                          arrangements are being made for doorstep recovery agents Scotcall to visit
                          How securely is your doorstep fitted?

                          Comment


                          • #14
                            Re: Natwest / CrapQuest CCA problem

                            Originally posted by CleverClogs View Post
                            How securely is your doorstep fitted?
                            No more nails
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: Natwest / CrapQuest CCA problem

                              Aaarrrggghhh!!!!!!....... Is there a setting to stop getting logged off?????

                              Had just typed a marvelously long post, thanking Sir Niddy for his time and expertise etc, and asked a few more questions,
                              I was signed in, but when I went to post it it said sign in, I did, but then my long posted had gone???

                              Can't friggin remember all's what I typed now..... I was on a roll too!!

                              Haha x

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