Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default RBS recent CCA, they have refused to send information

    I recently CCA'd the RBSicon over my personal loan and bank account (now closed) got a letter today from Natwesticon??

    Dear Sir,

    RE: request for copy of credit agreement under section 77 of consumer credit act 1974

    Loan: ******** and **********

    I write further to your letter of 13th july regarding the above act.

    I would advise that the act only covers loans which are still open at the time of the request am therefore unable to respond accordingly

    I am returning the fee of £1 for your attention

    Martin Worrall
    senior business associate

    what do you guys think? is it flannel? what next?

    Similar Threads:

  2. #2
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    Default Re: RBS recent CCA, they have refused to send information

    Hi why do you need this information,

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: RBS recent CCA, they have refused to send information

    They are correct, once the account is settled they have no obligation.

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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  4. #4
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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by old_andrew2007 View Post
    Hi why do you need this infromation,
    not wishing to sound sarcastic - because I asked for it?

    I have an ongoing dispute with RBSicon re my recent SARicon (different thread) and this CCA, my query is how to respond to this? and why has it come from Natwesticon when my accounts and issues are with RBS


  5. #5
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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by rippedoffagain View Post
    They are correct, once the account is settled they have no obligation.
    the account isn't settled. it was recently closed by them and I've been dealing with CMS telford since may 2001


  6. #6
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    Default Re: RBS recent CCA, they have refused to send information

    Therefore you are entitled to a copy of the agreement. CCA CMS telford instead. There will not be an agreement for an overdrafticon.

    If they cannot provide an agreement, then they cannot take to court.

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

    A to Z index
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  7. #7
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    Default Re: RBS recent CCA, they have refused to send information

    thanks for the response - won't CMS just refer this back to my original account at my local branch where all my business was done until the default in may 2001? also, I didn't try to CCA the overdrafticon, just the personal loan

    again - why the response from Natwesticon? can I respond to this from them telling them they are wrong? the original CCA request was sent to regulatory risk in edinburgh as this is where ALL correspondence has been coming from?

    I'm hugely confused!


  8. #8
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    Default Re: RBS recent CCA, they have refused to send information

    If you have an outstanding debt, and you stop paying, they will threaten county courticon. If they can't produce an agreement, they can't win. CCA whoever you are paying. If they write and tell you to contact Nat West, tell them until they produce an agreement, you are not paying.

    Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

    A to Z index
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  9. #9
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    Default Re: RBS recent CCA, they have refused to send information

    OK - this is getting mighty strange.

    I sent the original CCA request to RBSicon in edinburgh concerning my personal loan by recorded delivery with a £1 postal order. Checked track and trace online and according to that website the item has still not been delivered, so because of this I sent another CCA to the same address in edinburgh, but this time with a cheque for £1. Today I receive a response from Natwesticon, as posted up earlier, returning my £1 postal order. I checked my bank account online earlier tonight and the second payment I sent by cheque has been cashed. This means I must be due some paperwork soon from RBS concerning this CCA request - that (for some still unexplained reason) NatWest have already said can't be sent??

    just for clarification, the original bank account and personal loan in question was with Royal Bank of Scotlandicon, NOT natwest. I am still very confused as to why natwest has returned my postal order (made payable to RBS) saying the act only covers loans which are open at the time of the request, and that this letter has come from the manchester retail customer service centre?


  10. #10
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    Default Re: RBS recent CCA, they have refused to send information

    confused or what it would seem that RBSicon and Nat West are playing silly buggers, but at least you know that you will recive something even if its another refusal to comply (eg. The Account is closed), the problem is what can people in your situation do next.

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  11. #11
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    Default Re: RBS recent CCA, they have refused to send information

    Because Natwesticon & RBSicon are all part of the


  12. #12
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    Default Re: RBS recent CCA, they have refused to send information

    I would forward a cca request to CMS Telford if this is where your account is being processed.

    When was your loan account transfered to CMS Telford?

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill

  13. #13
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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by paulwlton View Post
    I would forward a cca request to CMS Telford if this is where your account is being processed.

    When was your loan account transfered to CMS Telford?
    my accounts were transferred to CMS in may 2001, I received a letter from RBSicon earlier this year to say that I no longer had to pay my monthly amount into my own account and they gave me a different account number and sort code (I think we may have discussed this on my RBS SARicon thread?)


  14. #14
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    Default Re: RBS recent CCA, they have refused to send information

    They are obliged to keep paperwork for , I think 5 years at least, after the account has been closed.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  15. #15
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    Default Re: RBS recent CCA, they have refused to send information

    6 yearsicon for tax purposes


  16. #16
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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by tinkerbell20 View Post
    6 years for tax purposes
    6 years under the Data Protection Act also.
    If they do not keep it that long under the DPA they then become in breach of the Seventh Principle of the DPA...losing or destroying information they should keep.

    What I have found if records are to the RBSicon/Nat West's advantage , they will keep it 6 yrsicon and longer...... but ........if it could be to your advantage they will tell you they haven't got it, its been lost or destroyed ....BUT I know they will have it.....they DESTROY NOTHING!!

    sparkie


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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by spaspeckerthedull View Post
    my accounts were transferred to CMS in may 2001, I received a letter from RBSicon earlier this year to say that I no longer had to pay my monthly amount into my own account and they gave me a different account number and sort code (I think we may have discussed this on my RBS S.A.R - (Subject access requesticon) thread?)
    You need to send a CCA request to Telford CMS. RBS have assigned your loan to a new account number for internal collection purposes, the agreement hasn't ended, the bank is required to keep documents for six years after the cessation of a contract. Whilst monies remain outstanding there remains a contract, therefore, a cca request is valid even after a judgment.

    PW

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill

  18. #18
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    Default Re: RBS recent CCA, they have refused to send information

    UPDATE:

    letter received today from CMS saying payment plan in arrears with usual threat-o-gram, even though they have received account in dispute letter after CCA non compliance.

    What's an appropriate response?


  19. #19
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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by spaspeckerthedull View Post
    UPDATE:

    letter received today from CMS saying payment plan in arrears with usual threat-o-gram, even though they have received account in dispute letter after CCA non compliance.

    What's an appropriate response?
    Tell them whilst they are in default of your CCA sect 77/78 request and committing an offence you have the legal right to with hold all and any payments until they comply with your request.

    sparke


  20. #20
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    Default Re: RBS recent CCA, they have refused to send information

    Quote Originally Posted by spaspeckerthedull View Post
    my accounts were transferred to CMS in may 2001, I received a letter from RBSicon earlier this year to say that I no longer had to pay my monthly amount into my own account and they gave me a different account number and sort code (I think we may have discussed this on my RBS S.A.R - (Subject access requesticon) thread?)

    Just re read your post above,

    This new account number do they mention " Router Account" by any chance in any of your correspondence, ask for copies of it if they have, failing that ask if that is what your new account number is known by.

    sparkie



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