Cardio Diary

[cardiac arrest]

Type of debt - Airmiles credit card
Start date - March 2005
Balance - approx £4k
Last full payment - 2006
Status - default notice issued 2006 (off CRA file 2012)
Current legal Owner - Cabot

Default Notice sent with incorrect number of days to settle provided.

Autumn 2006 agreed notional (interest free) payments..eventually reduced to £1)

2013- sent CCA request to Natwest (OC). Received papers then copied to Niddy ..who said .......
Did argue that the copied application form referred to terms 'overleaf' but got nowhere with this.
Also the reconstituted T&C's had incorrect credit limit on them, and the Schedule and General Conditions were non specific although the PT's included
the correct interest rates from 2005 and the payment terms.Nothing they sent replicated what would have been on the reverse of the application form.
2016 - Natwest advised me that Wescot were now managing this account.
2017 - Natwest advised me the new legal owners were now Cabot, but a/c still 'managed' by Wescot
Still paying £1pm

[cardiac arrest]

I did write back to natwest in 2013 complaining the info sent was incomplete, missing the info on the reverse of the signed application form which was referred to on the front page as part of the terms I was signing to agree with.
I also said they should have sent a copy of the agreement and any docs referred to in the agreement, I said this was pre May 2005 so s127(3) applied..the PT's should be part of the
signed document. I get the reconstituted stuff but surely only if they do actually have the original ? I concluded by saying the account was unenforceable and thus still in dispute

Natwest replied basically telling me to shove it and go to the Ombudsman and this was their FINAL response.

I replied that I disagreed and thus it remained unenforceable and in dispute. We've not spoken since ...

They have not written or sent any statements anymore...

For what it's worth, when I was sending I/E statements they said provided I maintained the agreed payments they would not take any further action ..i assumed this meant they wouldn't sell it
on the a DCA.., but they now have, and I'm concerned now that after 11 years I'm going to get some grief.

[cardiac arrest]

Forgot...I also sent a CPUTR letter in 2013...requiring them to confirm or otherwise they held the original agreement but of course they did not reply.

[cardiac arrest]

Sooo, that's the history of it and I suppose I've been happy enough to meander on year after year paying my £1, with occasional letters to Natwest asking if they're prepared to accept an offer yet..they never have. The only thing niggling in the background is I don't really want this leaving unresolved when I pop my clogs, I'm aware they can make a claim against my estate and my kids would have to sort that out..which I don't really want . In a way the fact it is now with a DCA is maybe better, insofar as they have only paid about £250 for this, and as such you would think they are more likely to make an offer at some stage, unlike Natwest. ? If I can raise a few anxieties for the DCA this may happen sooner rather than later.?

Not sure what anyone else thinks about this, I was left a small amount of money when my parents died a few years ago, which could go towards a small settlement and which I have on one side.

Is it best just to wait for some contact from the DCA (I've had the intro letter) ...and should I keep paying the £1 per month..which now needs changing from Natwest to to the DCA..sometime..?

[Joanna Connolly Solicitors]

As I understand it the situation is you sent a s 77-79 CCA Request to Nat West (when?) and you were told that the credit agreement/document which you received in response was enforceable.

You wrote several times to Nat West and told them what you believed was wrong with the agreement.

They then accepted £1 per month for literally years despite refuting your claim that the debt was unenforceable due to non-compliance with s 77-79 CCA.

You'd think that if they were so sure of their ground they would have issued a claim. But they didn't.

They've assigned the debt to Cabot who have sent you a NOA but that's all so far.

Maybe you need to establish whether what was sent in the past would be viewed as enforceable in court today and then decide whether sending a new CCA Request would be an option in case they don't have access to the same information as was sent to you all those years ago.

Di

[cardiac arrest]

As I understand it the situation is you sent a s 77-79 CCA Request to Nat West (when?) and you were told that the credit agreement/document which you received in response was enforceable.

The CCA was sent in 2013, some 7 years after paying small monthly amounts since the default. I sent these to Niddy who said it looked enforceable.

You wrote several times to Nat West and told them what you believed was wrong with the agreement.

Not really, After the CCA came in 2013, I wrote once, they replied and I wrote back saying I was of the opinion it was still non compliant and unenforceable. that's all apart from the CPUTR

They then accepted £1 per month for literally years despite refuting your claim that the debt was unenforceable due to non-compliance with s 77-79 CCA.

They accepted notional payments since 2006, upon default...and continued to do so until they sold it in July this year.My CCA wasn't until 2013, so they did that for 4 years after my dispute.

You'd think that if they were so sure of their ground they would have issued a claim. But they didn't.

They always said if I continued to pay monthly according to the 'plan', they would not pursue me for the full amount...so I was hooked in..

They've assigned the debt to Cabot who have sent you a NOA but that's all so far.

Cabot sent me a ..'we are your new legal owner' statement along with a copy letterheaded from Natwest which said they had assigned the debt in July (2 months earlier) and cabot were the new legal owners.

Maybe you need to establish whether what was sent in the past would be viewed as enforceable in court today and then decide whether sending a new CCA Request would be an option in case they don't have access to the same information as was sent to you all those years ago.

I think this is still in the system somewhere, Niddy will have it I guess in the 'private' area ?


Thank you for taking an interest, much appreciated.

Di

thank you