RBS PPI and lost CCA

[Duffychick]

Hi all,

RBS recently confirmed that they have "misfiled" my OH's CCA and that they are aware that they cannot enforce the debt through the courts.
We thought great, offer a F+F and that's one down 9 to go.

However, when putting paperwork together I remembered that in July 2008 they turned down our claim for a mis-sold PPI on it and stated that during their investigations they consulted the Credit Card Agreement.
Obviously we now know that this is wrong and the actual document they "consulted" was the application form.

Any ideas if we can now ask for that PPI plus interest back and if we can demand that they refund us direct rather than taking it off the balance of an unenforceable debt?

thanks

[flyingdoc]

I wouldnt bother.

All that would happen is that they would take it off the balance of your loan (as that is still owed, even if it is unenforceable)

You would be going through a lot of hassle for no gain.

Also it might prompt them to start another search for your misfiled agreement and they may be more successful this time.

If the dragon is asleep - dont poke it in the eye.

[Duffychick]

I like the analogy! I did think that after I posted that I might be tempting fate.