Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Firstly im not new to CAG, but got a bit worried about my login name being a little too similar to my real name, so another member suggested I changed it. Please dont think i dont contribute where I can!
Anyhow, I have a RBS student overdraft default that i dont think i should have received. Ive been paying them back the debt i owe on time and have never heard anything about a default! I only found it by chance on my experian report.
So I followed the advice of another thread and sent a CCA with £1 fee asking for original copies of the agreement and original copies of the default notice. Today they have replied but I am totally lost as to what to. It reads...
"The bank is required to provide you with a statement of account, found below. We can also confirm the default letter was sent on the 03 July 2007 to this address (my current one). We are unable to reproduce this document as it is a system generated letter, therefore we cannot provide an original default notice as requested.
Should you have any further queries...."
They havent provided anything of use to me at all! What should I, or what can I reply to this? Im so frustrated and really havent a clue what to do now?! Anybody with any advice would be very welcome!
"The bank is required to provide you with a statement of account, found below. We can also confirm the default letter was sent on the 03 July 2007 to this address (my current one). We are unable to reproduce this document as it is a system generated letter, therefore we cannot provide an original default notice as requested.
Should you have any further queries...."
Under the legal Consumer Credit Act 1974 which is a legal statute. The bank is actually required to provide you with more than just a statement of account. This is what it says in Section 77 of the Act.
77 Duty to give information to debtor under fixed-sum credit agreement
(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,- (a) the total sum paid under the agreement by the debtor; (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and (c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
I am not 100% on overdraft agreements but I believe that it would be classed as a credit agreement and fall within the above section. You should be entitled to receive a copy of the Consumer Credit Agreement, the terms and conditions applicable to that agreement and the statement which you already have plus any other documentation in regard to the agreement.
They have basically failed to comply with the section 77 of the CCA 1974.
If they do not supply it and they have 12 days then you can complain to the Information Commissioners Office or start legal proceedings.
hope this helps you a bit. I am no legal expert but do not let the bank dictate and I would take with a pinch of salt the statement they cannot reproduce the system generated letter. They can produce system generated statements, terms and conditions etc.
(1) The creditor under a regulated agreement for fixed-sum credit
This is an overdraft alanalana not a loan. An overdraft is running account credit but the agreement is different for overdrafts than for other credit agreements. Section 74 of the Act allows for certain types of agreement to be excluded from part V (form and content) where the OFT has so determined. This detemination (the Determination) regarding overdrafts under section 74 was made on 21 December 1989 subject to three conditions.
(a) That the creditor shall have informed in writing the OFT of his general intention to enter into agreements to which the Determination will apply;
(b) that...the debtor shall be informed at the time or before the agreement is concluded
- of the credit limit, if any;
- of the annual rate of interest and charges applicable from the time the agreement is concluded and the conditions under which these may be amended;
- of the procedure for terminating the agreement
and this information shall be confirmed in writing.
(c) that where a debtor overdraws his current account with the tacit agreement of the creditor and that account remains overdrawn for more than 3 months, the creditor must inform the debtor in writing no later than 7 days after that 3 month period of the annual rate of interest and charges applicable.
Desperately Need Help With RBS CCA Please!
, but got a bit worried about my login name being a little too similar to my real name, so another member suggested I changed it. Please dont think i dont contribute
where I can!
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