Diary

[Joanna Connolly Solicitors]

are they still issuing . . . . . And is this . . . also without having the credit agreement?

I think my answer to both your questions has to be ‘Yes’ and ‘Yes’.

But issuing a claim and winning a claim is not necessarily the same thing

Di

[XX007]

I’ve put my time to good use and got organised (lever arch file!).

Best move. I think these companies like the idea of us stuffing unopened mail into a draw because we are not able to cope.

[ttx]

Moorcroft
£1500
Natwest Current Account
No reference on credit file
Arrangement to pay £5 per month

CCA request sent 26.11.20

Letter from Natwest - Details of what they are obliged to send, then details specific to the account ie balance interest rate etc and "...bank does not require customers to sign an agreement under the CCA in order for an overdraft facility to be applied to their account. Threrefor a copy of the signed agreement in not availiable and does not need to be provided to you under the terms of Section 78.
All borrowing facilities are agreed in acordance with the terms and conditions of the account and overdraft facilities are finalised by way of confirmation letter." "We trust this clarifies matters..."

[Joanna Connolly Solicitors]

Letter from Natwest - Details of what the arey obliged to send, then details specific to the account ie balance interest rate etc and "...bank does not require customers to sign an agreement under the CCA in order for an overdraft facility to be applied to their account. Threrefor a copy of the signed agreement in not availiable and does not need to be provided to you under the terms of Section 78.
All borrowing facilities are agreed in acordance with the terms and conditions of the account and overdraft facilities are finalised by way of confirmation letter." "We trust this clarifies matters..."

As predicted NatWest deny that current account overdrafts are covered by s78 CCA. See my post #15 on this thread

They have confirmed that they can't/won’t comply with your CCA Request so this debt is currently unenforceable.

Di

[ttx]

As predicted NatWest deny that current account overdrafts are covered by s78 CCA. See my post #15 on this thread

They have confirmed that they can't/won’t comply with your CCA Request so this debt is currently unenforceable.

Di

Thanks Di
Do I make them aware of this to try and stop them pursuing it or ignore and file? Moorcroft have been chasing but it was NatWest that replied with the CCA response.

[Joanna Connolly Solicitors]

Thanks Di
Do I make them aware of this to try and stop them pursuing it or ignore and file? Moorcroft have been chasing but it was NatWest that replied with the CCA response.

No don't make them aware - in fact this forum's approach is to never make a creditor or a debt purchaser aware that a debt is unenforceable in case that prompts them to try harder to comply.

Only a court judge can rule a debt unenforceable so don't get involved in arguing this issue with anyone unless there's a real threat of legal action.

Do nothing and post on your thread when you hear from Moorcroft or NatWest again.

Di

[ttx]

Cabot
£3800
RBS credit cards
Opened 2011 defaulted 2013

CCA request sent 26.11.20

22.03.21 Credit Agreement sent - they consider it enforceable, it looks enforceable but will send to Niddy.

[The Tech Clerk]

webmaster@all-about-debt.co.uk

[The Tech Clerk]

22.03.21 Credit Agreement sent - they consider it enforceable, it looks enforceable but will send to Niddy.

they would ? would they not?

[ttx]

they would ? would they not?

I guess they would

[ttx]

[QUOTE=ttx;n1537532]Cabot
£3800
RBS credit cards
Opened 2011 defaulted 2013

CCA request sent 26.11.20

CCA recieved

[Warwick65]

[QUOTE=ttx;n1539394]

Cabot
£3800
RBS credit cards
Opened 2011 defaulted 2013

CCA request sent 26.11.20

CCA recieved

Remember there is a lot more to enforceability than just the agreement. For example if you were not defaulted correctly, so don't give up hope.

[Timewilltell]

I’m with Warwick on this, I’m not all that bothered by an enforceable Agreement, that’s a relatively easy number for them to get right as it comes from the OC if it’s available, if not it gets reconstituted which open up all aspects to mistakes, it’s the parts they are responsible for that they make a dogs dinner of.
So sit back and let them chase the bone for they may well be chasing a fake bone as opposed to the real thing.
my philosophy is simple, leave them alone and they will pester you with (in my experience) empty threats or coercion, if they had any meat on the bone then they’d be straight in for the kill, if no meat then their just licking the scent.
when you get a claim then Act, until then keep filing and asking here but more importantly live your life.