Rbos Just-no Cca But Still Defaulting

**humbleman** · 23rd July 2007 21:23

CCA'd RBOS after various correspondence including one's where they lied to have sent me an application, finally confirmed

UNFORTUNATELY CARD SERVICES HAVE NOT BEEN ABLE TO LOCATE THE AGREEMENT FORM RELATING TO THE RBS icon

GOLD ACCOUNT, BUT SINCE YOU HAVE BEEN PAYING THIS YOU ARE LIABLE FOR THE OUTSTANDING.

Even though they do not have an agreement they sent me a default notice.

Any advise much appreciated

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**humbleman** · 24th July 2007 12:11

bump

**ncf355** · 24th July 2007 13:14

Hi HB,

in a word, they are talking c**p

If they cannot supply the CCA (itself containing all prescribed terms) together with any document referred to in it (such as T and C's) then they cannot legally enforce it

For WAY more info, see:

Consumer Credit Agreements

Hope this helps

**humbleman** · 24th July 2007 13:38

ncf355
Thanks for your comments.

I have been following the thread you mentioned.

I am aware that they are unable to pursue an account where they have already confirmed they do not have an agreement. In fact the same person I had the above letter from wrote to a fellow cagger and told him that they will discharge the balance
http://www.consumeractiongroup.co.uk...tml#post900028

but for some reason not for my account.

**humbleman** · 24th July 2007 20:34

I have no default against my name, just wondering whether they will actually register a default if I didn't adhere to the notice. Normally default notices mention that it will be reported to a CRA if not paid, but the one they sent me has no such mention.

**summer24** · 24th July 2007 20:42

Hi I am having the same problem with Moorcroft Debt Recovery who said tthey cannot locate the cca, and i am in arears with the payments! Can they case the debt without the cca?

**humbleman** · 24th July 2007 21:02

summer24
If they have confirmed they do not have the CCA, then they should not be chasing yoy for payment. But as we all know that the credit industry gives m.....ys about the law.

..

**isidore** · 25th July 2007 00:01

Whilst I've never been sent one, so don't know from experience, I was always under the impression that the point at which they send you a letter of default is the point at which they serve the default, is that not right?

Anyways, as pointed out previously, no CCA no liability. Kind of contradicting themselves really bless.

You don't have to honour anything and I would have thought that if they continue to serve the notice despite the fact that they have admitted to not holding your CCA then I'm sure many authorities would be more than pleased to hear from you (certainly the Financial Ombudsman icon

).

I would get a response off them to stick their debt as you don't owe them a penny under the rules mentioned in the quoted link.

**humbleman** · 25th July 2007 09:50

T4FF
Thanks for your comments.

**rory32** · 25th July 2007 17:06

the point at which they send you a letter of default is the point at which they serve the default, is that not right?

No the CCA is very clear. You need to be served with a default notice. The notice needs to be in the precsribed manner and give the debtor the opportunity to resolve the default. If the default is resolved then no default should be entered on your credit file. If the default notice is not served or does not contain all the correct terms as laid down in the 1983 regs then it is legally invalid.

If they have no CA then you need to look for closure on the account. Not having a copy of the agreement wil not initially prevent them from placing a default on your credit record.

**isidore** · 25th July 2007 18:10

Thanks for clearing that up Rory

**humbleman** · 25th July 2007 19:18

Hi Rory-could you please expand on the closure bit.

**rory32** · 25th July 2007 20:48

Have a read here http://www.consumeractiongroup.co.uk...oh-dear-2.html post#32 onwards. The section 10 notice is required before you can push for the default to be removed.

**humbleman** · 26th July 2007 01:19

thanks Rory
............

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