Can Someone Look at this from RBS for me?

[BelstarBomb]

Morning All,

I've just receive dthis today from RBS/Mint and I'm hoping that someone can have a quick look and tell me if it's legit.

The agreement is the application form that I completed but it does also say on it Credit Agreement Regulated by CCA 1974.

There is no signature from RBS/Mint.

The links are

http://i47.photobucket.com/albums/f1...b/Mint0001.gif

http://i47.photobucket.com/albums/f1...b/Mint0002.gif

http://i47.photobucket.com/albums/f1...b/Mint0003.gif

Many thanks,

BB

[tinkerbell20]

The prescribed terms are on sheet 3. However I can't see any link to this from Sheet 2 which you have signed.

It doesn't matter that they hadn't signed it as they have date stamped it at the top of the page.

[BelstarBomb]

Thanks Tinkerbell,

Should there be a link between page 2 and 3?

Cheers,

BB

[Gez]

No prescribed terms, no repayment schedule, it clearly states that it is an application form, only your signature. Looks like a dud to me..

Check the terms of the PPI aswell, you might be able to reclaim that too..

[tinkerbell20]

Originally Posted by BelstarBomb

Thanks Tinkerbell,

Should there be a link between page 2 and 3?

Cheers,

BB

Should say something like "see terms overleaf" or continuous numbers.

Godd point Gez made over the possible PPI misselling for you to look at too.

[BelstarBomb]

Cheers guys,

What's the best way to approach that then?

BB

[Curlyben]

ULESS the T&C's were printed on the reverse of the application then this is unenforceable as the signature document does NOT contain the prescribed terms.

[BelstarBomb]

Brilliant, they are being absolute gits and I'd really like to shove this to them somewhere where the sun doesn't shine!

Do you suggest that I waith the 12+2+30 or go for them now? If it's go for them now, what terminolgy/wording would you suggest I use?

Thanks again CB,

BB

[BelstarBomb]

In my haste, how do I know if they were printed on the reverse or not??

How can I find out as they have sent me two pages that don't obviously follow on?

Cheers,

BB

[creditcardmug]

Originally Posted by BelstarBomb

In my haste, how do I know if they were printed on the reverse or not??

How can I find out as they have sent me two pages that don't obviously follow on?

Cheers,

BB

My point exactly

See this thread my post 939

CCA's and Dave against the world !!!

[BelstarBomb]

Mwah, mwah

If they had smilies for kisses you would just have had a page full!

Thanks a million and for the link.

Seconds out, round 2!!

BB

[creditcardmug]

No probs good luck

[BelstarBomb]

Hi,

Do you have any letters/links I could use for a lender who hasn't responded to a CCA request and for one that has admitted that they don't have one?

Many thanks,

BB

[creditcardmug]

Originally Posted by BelstarBomb

Hi,

Do you have any letters/links I could use for a lender who hasn't responded to a CCA request and for one that has admitted that they don't have one?

Many thanks,

BB

Hi again, heres one for starters, i may have more standby,

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement.

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:
(2) There may be omitted from any such copy-
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

Yours faithfully

[BelstarBomb]

Thanks again,

This should do the trick - if you have one for the no show CCA that would be great too.

Cheers,

BB

[creditcardmug]

I have something here which you may need to adaot to suit, this one is to a DCA though,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Dear Sir/Madam

Your Ref:


I refer to your letter of 10/7/08, and must point out that you have not yet replied to my request under s78. of the Consumer Credit Act 1974, sent to you on 30/6/08 by recorded delivery, and delivered to yourselves on 1/7/08, and for which I have proof of delivery. I enclose a copy of this for ease of reference.
Further, under the Consumer Protection from Unfair Trading Regulations 2008, which came into force on the 26th May 2008, Debt Collection Agencies are deemed to be the “creditor” for the purposes of sections 77/78 of the Consumer Credit Act 1974.

In view of the above I do not expect any further collection activity until you have fulfilled your obligations in this matter.

I would also point out the lack of any notice of assignment from both your client and yourselves, and would expect to receive the same before matters can proceed.

Finally, I must inform you that all correspondence must be in WRITING ONLY, as I note that you have been making many telephone calls, which is causing harassment to my family and myself.


Yours Sincerely

[BelstarBomb]

Good morning,

have just received this from RB/Mint this morning. If you remember, the prescribed items were supplied on a separate piece of paper after my signature.

Does anyone have any thoughts or suggestions as to what my next response should be?

http://i47.photobucket.com/albums/f1...49080001-1.jpg
http://i47.photobucket.com/albums/f1...49080002-1.jpg

Cheers,

BB

[tinkerbell20]

Originally Posted by BelstarBomb

Good morning,

have just received this from RB/Mint this morning. If you remember, the prescribed items were supplied on a separate piece of paper after my signature.

Does anyone have any thoughts or suggestions as to what my next response should be?

http://i47.photobucket.com/albums/f1...49080001-1.jpg
http://i47.photobucket.com/albums/f1...49080002-1.jpg

Cheers,

BB

Standard response from Ms Bennet - wouldn't matter what you had said in your letter to her this is the next letter in the programmed resp[onse units portfolio