Thread: RBS £1.00 fee now Westcot

Can anyone help me compose a letter.

In the middle of last year I CCAd RBS with the statutory fee. They put the fee towards my balance and never sent me the agreement.

It has already passed through 3 DCAs and now Westcot. They have bombarded me with letters and phone calls. I have reported them for this.

They have already said you must write to the RBS to receive your agreement. I already have and they put the £1 towards the balance.

I want to write to say something along the lines of "your client should not have used £1 towards the balance and that no agreement has ever been received.

Can anyone help me

HH

If Westcot have bought the debt, then they must have the original Agreement in order to pursue the debt.

Contact them again and ask them to send you a copy of the agreement as they will be acting Illegally if they do not have this. They are required to have this as proof that the debt exists.

You can also contact RBS and let them know that you are still waiting on a copy of your Credit Agreement.

You can use this Template Letter

Your Address
Your Address
Your Address
Your Address

Customer Services
Name of Lender
Address 1
Address 2
Address 3
Address 4

Date

Dear Sirs

Your Name
Account No:

You have failed, under the requirements of Section 77[a personal loan]Section 78[credit card](Delete which is not applicable) of the Consumer Credit Act 1974, within the prescribed 12 days, to provide me with a copy of the original agreement I signed and, by not providing this within a further thirty days you have committed an Offence.

Therefore the debt is unenforceable and you are not
allowed to pursue enforcement proceedings of any kind.
I now require the following:

Within seven days of today’s date, you cease to process my data to third parties and that all Default Notices in my name are removed from the credit reference agencies.

Within 7 days provide us with a statement of account showing my balance as zero.

Consolidation and restitution of all monies and interest paid, and restitution of all unlawful penalty charges and all interest levied thereon.

Failure to do so will leave me no option but to inform Trading Standards, the Office of Fair Trading and the Information Commissioner’ Office.

Yours faithfully

(Your name)

Westcot have not bought the debt. I have already sent a similar letter to all three DCAs.

You can write a letter to RBS giving them 7 days to provide you with a copy of the Agreement or you will apply to the Court for a Pre-Application Disclosure for the following Documents.

A copy of the application for a credit agreement, a copy of the agreement between yourself and the Lender, correspondence and statements relating to my account with the Lender.

Make it clear to them that if you go ahead with the Pre-Application Disclosure, they will have to send you the signed copy of the agreement if it exists, if they don't they cannot legally enforce the debt and you will further apply to the court for the agreement to be made unenforceable and will ask for restitution of all monies paid, including any interest applied to the account aswell as any profits that RBS have made on the account.

**As Long as 3 months have passed since the first letter, you can make the Pre-Appliation Disclosure** (This is the amount of time the court asks you wait before making such an application).

As you made your first enquiry last year, then there is no problem with you doing this.