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Okay, today I received a reply from RBS for my Natwest CC, It would appear they are sending the 'usual response.' The two page letter states the following points:
What the statutory requirements are for providing a 'true copy' of the CCA. It is the agreement relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.
There is no obligation for them to provide a copy of the original agreement bearing signatures. And under Reg 3 (2) a 'true copy' does not need to contact all personal information relating to the borrower, nor does it need to include a signature box or dates of signatures.
As such, a copy of the CCA has been provided to me along with T&C's and a statement of the balance. They see no reason to enter into further correspondence. However, if I am not satisfied with this response, I may seek whatever legal redress I consider open to me.
They do not consider the account to be in dispute and my indebtedness on the account remains due and payable. All non payments will be recorded as default on my credit file. I am urged to take advice from CAB if I continue to doubt the veracity of what I have been told.
YS
Amanda Tretton
Senior Customer Advisor
I shall have a bit of a read and see what is the next letter I need to send. Any help would be gratefully received.
Nice of them to let you know that there is no dispute, despite the fact that you have stated to them that there is.
Under regulations they are able to omit the name/address, signature, signature box and signature date - but aside from that what they have sent you should mirror exactly the contents of the executed agreement which you signed including all the prescribed terms at the rates etc to which you agreed upon signing.
A lot of banks are now trying to fob customers off with generic Terms & Conditions where there are no executed agreements in existence... simply why go to the trouble of provided another document if the executed agreement is available to simply take a copy from.
Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983
3 General requirements as to form and content of copy documents
(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument
or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act
shall be a true copy thereof.
(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 the signature by the debtor of an
agreement to which section 68(b) of the Act applies);
(c) in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of
the Act, the name and address of the debtor or hirer; and
[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum
credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any
description of the article taken in pawn.]
Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.
Just had another look through my NW file, and they didn't even send me an application form, let alone the CCA. Just some photocopied T&C's with the word COPY over them.
With my Tesco CC I have got a copy of my application form - dated 1999! Doesn't time fly!
Ooh, I have received a Yellow card with the word WARNING in red on it. Remind me of Lost in Space... warning, warning... anyway I digress!
It's from Allied International Credit UK Ltd, advising I need to call Mr Watson urgently. I believe it's to do with my Tesco cc (client RBS).
Think I now need to send my bemused letter to them. I might just wait to see if I get something from my Natwest cc as any letters I receive are normally within one week of each other.
Just to let you know that Natwest have passed my file onto Triton.
Received their first 'call us immediately' letter. Shall ignore for now and will reply when I break up from Uni.
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Am I right in thinking that they have passed your alleged debt onto a DCA?
During the period of your dispute, ie; asking for the original cca were you still making the regular payments?
I thought if you carried on paying despite asking for a true copy of the original agreement they could not hand the debt over?
ANother letter from RMA, saying that unless I call them, they may need to return my file back to NW (heaven forbid!!) who shall then decide the appropriate action.
Thank goodness I have found this site, at least I can actually have a little giggle with my hubby when I receive their letters as opposed to being a quivering wreck.
Okay, just to advise that RMA still have my a/c from Natwest.
Latest letter was dated 8th March. They are still pleading with me to get in touch, or they really really will have to pass the account back to NW.
Tesco and Natwest (RBS) credit card challenge
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Originally Posted by texanbar
