RBS have paid back PPI missold premiums, but they have paid it back into my loan accounts.

In the mean time they have close d my current account with them, and put a default on my account. As I stopped paying the loan, as they did not provide me with the CCA withinthe time limit stated.

They have after this then paid the PPI claim I made and I had reported them also to the ombudsman.

They have refused to pay me the money, as they said my account is with their collection team. becuse my account is in arrears. but my account is not, it is in dispute. Because they have not provided me with the CCA I requested for.

They were 2 loans, the 1st one with PPI, before that paymnet ended they edged me on to get another loan and rolled it in together. 2nd one also with PPI. To today I have not received a proper Statement and responce to my SAP request nor have ieceived the CCA. They keep saying I stillowe them the loan.

They are just big bullies, can some one please advise me.

They paid about £11k so far in total, Sying of a £10k in 2005 original loan they paid me back £2,275.46. they claim I took a loan of £25k in 2007 and have paid me back £8,867.88 some of which went to my current account, and majority they said they put in the loan account. I dont have any proper recordor statement of this.

They are also refusing to supply me with a reconcilation and full statement of how they worked out the refunds reconciled to the loan account interest rates and dates etc. can they do this.

They just wrote me a letter stating amounts theyve paid me. I do not even have evidence they have paid, as the Current account is closed and I dont have access to it. they Sieced my card via the cash point from me, and I have since not have use of my account.

They claim theyve made payment into it ??.

should I go back to the Ombudsman??. I signed a letter saying I will accept an amount as full and final payment, when they have reqorked the PPI payment. but I have not seen anything showing me thay have complied to the Ombudsman directives on how to work out the misold premiums, just aletter stating amounts from their PPI section. Thisis really gross.

Can some one pls advise me. I just want to have this wrapped up, and put to bed.

RBS have paid back PPI missold premiums, but they have paid it back into my loan accounts.

In the mean time they have close d my current account with them, and put a default on my account. As I stopped paying the loan, as they did not provide me with the CCA withinthe time limit stated.

 

They have after this then paid the PPI claim I made and I had reported them also to the ombudsman.

 

They have refused to pay me the money, as they said my account is with their collection team. becuse my account is in arrears. but my account is not, it is in dispute. Because they have not provided me with the CCA I requested for.

They were 2 loans, the 1st one with PPI, before that paymnet ended they edged me on to get another loan and rolled it in together. 2nd one also with PPI. To today I have not received a proper Statement and responce to my SAP request nor have ieceived the CCA. They keep saying I stillowe them the loan.

 

They are just big bullies, can some one please advise me.

 

They paid about £11k so far in total, Sying of a £10k in 2005 original loan they paid me back £2,275.46. they claim I took a loan of £25k in 2007 and have paid me back £8,867.88 some of which went to my current account, and majority they said they put in the loan account. I dont have any proper recordor statement of this.

 

They are also refusing to supply me with a reconcilation and full statement of how they worked out the refunds reconciled to the loan account interest rates and dates etc. can they do this.

 

They just wrote me a letter stating amounts theyve paid me. I do not even have evidence they have paid, as the Current account is closed and I dont have access to it. they Sieced my card via the cash point from me, and I have since not have use of my account.

 

They claim theyve made payment into it ??.

 

should I go back to the Ombudsman??. I signed a letter saying I will accept an amount as full and final payment, when they have reqorked the PPI payment. but I have not seen anything showing me thay have complied to the Ombudsman directives on how to work out the misold premiums, just aletter stating amounts from their PPI section. Thisis really gross.

 

Can some one pls advise me. I just want to have this wrapped up, and put to bed.

Have you sent RBS an DSAR?

Quote by MamaG1

RBS have paid back PPI missold premiums, but they have paid it back into my loan accounts.

In the mean time they have close d my current account with them, and put a default on my account. As I stopped paying the loan, as they did not provide me with the CCA withinthe time limit stated.

You appear to have issued the bank with a Section 77/78 of the CCA. They must not only supply a true copy of the agreement but ALL documents linked to it, plus statements, how much has been paid, the balance and how the amounts have been calculated. If not done within 14 days, after 30 days the loan is unenforceable.

As the loan is in dispute, and the CCA has not been complied with, the bank cannot pursue you through the courts, a court is precluded from enforcing the loan. It is also an offence for the bank to enter a negative statement on the Credit Reference Agency data base while it is in dispute.

If they pass the case onto a 3rd party (debt collector) they commit an offence under the data Protection Act. Futhermore, they are only allowed to ring you TWICE only, under the Harrassment Act 1997 and you don't have to accept home or other visits.

Finally, do not make agreement with a 3rd party as you have not contract with them, if you do then you are deemed to have a contract with them.

Lloyds did this to me and the agreement I signed in "full and final" settlement was only signed "subject to receiving funds in cash by close of business plus interest on July 23 2009" The final part about signing was sent in writing (e-mail) to the Ombudsman and he failed to pass that bit on. Due to the Ombudsmens negligence I have now got to tell Lloyds the agreement is void as previously stated. They are demanding repayment of a £19k overdraft and I an countercharging them £65k.

Finally, it will take time but don't give in.

Many thanks Ibsys,

Yes I did send then the CCA, which put the ccount in dispute, but they have since put a default, and late payment info on my credit reference.

I also sent them a SAR whcich they have falied to comply with.

Like you I signed a letter to the Ombusdmas agreeing that RBS will work out this misold premium sum complying to the Ombusmands mehtods as a full and final settlement, however, they have taken the law into their own hands and have not sent me any payments, they claim they have made the payment into my accounts, loan and overdraft??. I dont know this, no recent statement. They just quote figure on a letter, detached fromthe loan amounts. so to me no reconciliation and very unclear. This whole banking thing sukcs, thay are just a law unto themselves as far as I am concirned.

I do not know how they have arrived at this figure they are claiming is the amount I am due back, and aint they ment to pay me the funds??. Can they make the decision without my consent to pay the money into this accounts??. I cany understand them and how this all works.

In your last paraghraph on full and Final settlement,it looks to me as though, its very similar. Sorry how do you mean the Ombudsman failed to pass it on.

How did you work out the counter chag of £65k pls??.

This sounds very interesting to me.

Quote by MamaG1

 

 

You appear to have issued the bank with a Section 77/78 of the CCA. They must not only supply a true copy of the agreement but ALL documents linked to it, plus statements, how much has been paid, the balance and how the amounts have been calculated. If not done within 14 days, after 30 days the loan is unenforceable. The 30 days was removed a while ago - if it's not with you on the last due day then they have not complied. That's not to say they don't have an enforceable agreement though; compliance and enforceability are two very different things. They could send all the documents they need to comply, but the agreement may be completely unenforceable. Equally, they could not comply with any of the Act other than sending an actual enforceable copy of your agreement but there wouldn't be a hope in hell of you using them not complying to get anywhere with a judge.

 

As the loan is in dispute, and the CCA has not been complied with, the bank cannot pursue you through the courts but they may still try to, and will almost certainly threaten you with it even if they have no intention of carrying it out which can be a horrible scare tactic if you're not ready for it, a court is precluded from enforcing the loan. It is also an offence for the bank to enter a negative statement on the Credit Reference Agency data base while it is in dispute. Where does it say this? Even if you can show a legal reference for this, they will default you if you do not pay, dispute or no dispute, and it is a massive uphill struggle to get defaults off your file. FWIW when I spoke to the FOS their party line is that creditors are not barred from doing anything when a debt/account is in dispute. This may be wrong (I certainly think it's disgusting!), but if the ombudsman - the very body you go to for help - does not agree with a dispute meaning they can't do anything, then you are in schtum.

 

If they pass the case onto a 3rd party (debt collector) they commit an offence under the data Protection Act.Not if the copy they sent you shows a term stating they can. And even if that copy is not one that bears your signature, they will say the one you signed had that clause therefore they can do whatever the hell they like. Even if they can't turn one up at all, or it's only use should be as loo paper, they will send it on to DCA's Futhermore, they are only allowed to ring you TWICE only, under the Harrassment Act 1997 and you don't have to accept home or other visits.Again, FOS don't agree with this. According to them (and very tellingly also the banks...), they can phone as many times as they like if you don't answer/don't go through security. If you do go through security they should not phone you up more than twice. I'm not for a minute saying I agree or that it's right, just that the FOS are not seemingly sympathetic to the stress that constant phone calls can cause, and did not consider the dozen or so calls a day I had at one point a problem. Of course this was a good 18 months ago so their take on it may have changed now.

 

Finally, do not make agreement with a 3rd party as you have not contract with them,absolutely -always always tell them to bugger off (or maybe words to that effect;)). if you do then you are deemed to have a contract with them.

 

Lloyds did this to me and the agreement I signed in "full and final" settlement was only signed "subject to receiving funds in cash by close of business plus interest on July 23 2009" The final part about signing was sent in writing (e-mail) to the Ombudsman and he failed to pass that bit on. Due to the Ombudsmens negligence I have now got to tell Lloyds the agreement is void as previously stated. They are demanding repayment of a £19k overdraft and I an countercharging them £65k. holy moly, I hope you win that back - good luck!!!

 

Finally, it will take time but don't give in.

MamaG1 - if they've not complied with your SAR request I'd send them a reminder letter giving them a further 7 calendar days from the day they receive your letter (send it recorded so you can check this), and warn them that if they do not comply in this time you will be filing a complaint with the ICO. There is absolutely no need on your part to do this, it's simply a tactic that may work faster than complaining to the ICO.

This has worked with a good proportion of my late SAR's, but you may have to actually complain to the ICO as some will drag their feet more than others. From memory Tesco (owned by RBS) were pretty quick for me once threatened with the ICO, but it will of course vary from person to person.

Moved the above posts into a new thread to avoid hijack on the general discussion thread.

Many thanks Ibsys,

 

Yes I did send then the CCA, which put the ccount in dispute, but they have since put a default, and late payment info on my credit reference.

 

I also sent them a SAR whcich they have falied to comply with.

 

Like you I signed a letter to the Ombusdmas agreeing that RBS will work out this misold premium sum complying to the Ombusmands mehtods as a full and final settlement, however, they have taken the law into their own hands and have not sent me any payments, they claim they have made the payment into my accounts, loan and overdraft??. I dont know this, no recent statement. They just quote figure on a letter, detached fromthe loan amounts. so to me no reconciliation and very unclear. This whole banking thing sukcs, thay are just a law unto themselves as far as I am concirned.

 

I do not know how they have arrived at this figure they are claiming is the amount I am due back, and aint they ment to pay me the funds??. Can they make the decision without my consent to pay the money into this accounts??. I cany understand them and how this all works.

 

In your last paraghraph on full and Final settlement,it looks to me as though, its very similar. Sorry how do you mean the Ombudsman failed to pass it on.

 

How did you work out the counter chag of £65k pls??.

This sounds very interesting to me.

I had a business which turned over about £85 per year until I went off sick for 18 weeks. This is where it startd:

Sickness claim on PPI declined-miss sold so Ombudsman had premium returned plus interest but they did no pay the interest for 6 months.

Manager authorising all cheques issued before I wrote them and all DD's, cash withdrawals but charged 26.4% OD plus £15 fee for unauthorised borrowing when he had authorised it.

Arrangement to contact manager every Friday to authorise wages but 5 hours lost on Fridays by having to ring him at bank, on mobile, e-mail him, wait for return call, ring complaints department, (and four others) which cost 5 hours per week @ £20 per hour, plus lost workshop production plus £15 charge x 40 weeks.

Bank adding to loan without my knowlegdge but don't know where the money has gone. Can't get CCA 77/78 complied with or any calculations.

I have had agreement to write cheques then they have been returned because he admits he had the day off work. (bank charge there) Poeple in the business center did not know what was happening.

Had work lined up then he would remove the OD facility without warning then charge £100 to put it back, then lose the work as he would not let me buy the wood, days chasing him at a time.

Lost cedibility, overdraft arrangement fees 5 months running, added interest.Agreeing with him I could do the work, then i would order the timber, then when the customer paid the bill I had to haggle with him to pay the supplier.

Doing the work in a way not cost effective due to lack of funding.

Reached agreement to reduce the overdraft by Lloyds keeping 30% of turnover and giving us 70% to run with until the first payment came in (EG, £3000 paid in but was only allowed to take out £600)

If we had been allowed to run properly, we would have been out of overdraft within six months but he escalated the problem and the charges.

Statutory interest on all costs incurred calculated on a monthly basis.

8 issues with the bank sent to the Ombudsman and only one solved. The Ombudsman system is stacked against the customer.

£65,000. All I did was to go into hospital for a serious operation!

Oh my,

What rouges, they r so heartless, its all about robbing the mases if you ask me??. That officer should be sacked and you paid a heftier compensation for all this stress. They always seem to just set customers up to fail, why??.

And the system stillprotects them against the odds!!. whats going all, is it all also a conspiracy even with the powerless quangos that r meant to monitor them??.

I had a business which turned over about £85 per year until I went off sick for 18 weeks. This is where it startd:

 

Sickness claim on PPI declined-miss sold so Ombudsman had premium returned plus interest but they did no pay the interest for 6 months.

 

Manager authorising all cheques issued before I wrote them and all DD's, cash withdrawals but charged 26.4% OD plus £15 fee for unauthorised borrowing when he had authorised it.

 

Arrangement to contact manager every Friday to authorise wages but 5 hours lost on Fridays by having to ring him at bank, on mobile, e-mail him, wait for return call, ring complaints department, (and four others) which cost 5 hours per week @ £20 per hour, plus lost workshop production plus £15 charge x 40 weeks.

 

Bank adding to loan without my knowlegdge but don't know where the money has gone. Can't get CCA 77/78 complied with or any calculations.

 

I have had agreement to write cheques then they have been returned because he admits he had the day off work. (bank charge there) Poeple in the business center did not know what was happening.

 

Had work lined up then he would remove the OD facility without warning then charge £100 to put it back, then lose the work as he would not let me buy the wood, days chasing him at a time.

 

Lost cedibility, overdraft arrangement fees 5 months running, added interest.Agreeing with him I could do the work, then i would order the timber, then when the customer paid the bill I had to haggle with him to pay the supplier.

 

Doing the work in a way not cost effective due to lack of funding.

 

Reached agreement to reduce the overdraft by Lloyds keeping 30% of turnover and giving us 70% to run with until the first payment came in (EG, £3000 paid in but was only allowed to take out £600)

 

If we had been allowed to run properly, we would have been out of overdraft within six months but he escalated the problem and the charges.

 

Statutory interest on all costs incurred calculated on a monthly basis.

 

8 issues with the bank sent to the Ombudsman and only one solved. The Ombudsman system is stacked against the customer.

 

£65,000. All I did was to go into hospital for a serious operation!

Turnover should read £85k (thousand) a year on the first line.

Turnover should read £85k (thousand) a year on the first line.

Have you a thread on this.

Have you made a DSAR?

Have you a thread on this.

 

Have you made a DSAR?

By DSAR, I assume you mean subject Access Request. I have written to Lloyds eight times by recorded delivery and had no response, asked for information and been totally ignored. Done a Section 77/78 reguest for the loan and have been ignored apart from the actual agreement which came after 11 months but no figures. I have visited the bank Manager, he has visited Me/Us. I have asked for the files on the Insurance claim decline-refused. I have written to the Senior Manager, the Chief executive, the Regional Manager, used every phone number I have-still no response.

The ONLY reply I have had in two years was when I wrote to them in January saying " I will not pay anything into any Lloyds Account-not one penny and will freeze all accounts until they put things right" They replied "we are sorry you are not happy with us and we will respond in 8 weeks after our investigation".

How did the investigation go?... No response!

I might as well talk to a brick wall.

Oh my my, Ibsys,

These banks are a law unto themselfs, and the regulators are tootless bull dogs.

But saying that no harm in writing to the FOS and complaining, but really whats the point, no CCA no pay, so jut leave it and let it lie. and dont pay.

If you keep pestering for the info they will then start to make it up and then it gets more complictaed.

I on the other hand have now recomplained to the ombudsman, and if I dont get any joy will just leave it from here, they cant enforce the debt in court, hence, the worst they will do is tash your credit file. - Bullying and harrasment.

Oh my my, Ibsys,

 

These banks are a law unto themselfs, and the regulators are tootless bull dogs.

 

But saying that no harm in writing to the FOS and complaining, but really whats the point, no CCA no pay, so jut leave it and let it lie. and dont pay.

If you keep pestering for the info they will then start to make it up and then it gets more complictaed.

 

I on the other hand have now recomplained to the ombudsman, and if I dont get any joy will just leave it from here, they cant enforce the debt in court, hence, the worst they will do is tash your credit file. - Bullying and harrasment.

Did you know it is an offence for them to put a negative entry on a credit file where the loan is in dispute. I have blocked all payments to Lloyds (loan repayments, overdrafts etc) and now they are chasing repayment of the OD and now is the time I shall counter charge them. The whole situation is complicated as in "chain of consequence" so when I tag it together Lloyds will know I mean business. I also have a complaint about the Ombudsman, in that he is negligent in not informing Lloyds of the proviso of the form signed, and he did not pass on all the terms and conditions- this was edited to Lloyds benefit.

They put a defaulf on my current account, while it was them that closed the account without notifying me.

They then put late payment indication on the loan account , when the account is in dispute.

What canI do to get this rectified now, they are just trashing more and more my account and I feel so helpless.

This is wrong, should I write to the FOS again informing them of this, or is ther another org I can complain to about this, or is there a standard letter I can write RBS on this particular action they are taken please.

Thanks

Did you know it is an offence for them to put a negative entry on a credit file where the loan is in dispute. I have blocked all payments to Lloyds (loan repayments, overdrafts etc) and now they are chasing repayment of the OD and now is the time I shall counter charge them. The whole situation is complicated as in "chain of consequence" so when I tag it together Lloyds will know I mean business. I also have a complaint about the Ombudsman, in that he is negligent in not informing Lloyds of the proviso of the form signed, and he did not pass on all the terms and conditions- this was edited to Lloyds benefit.

No it isn't. It's against OFT guidelines but there is no legislation anywhere that says it's an offence to place a default on your file while you are in dispute - seeing as they (banks) are willing to ignore the law, OFT guidelines are not exactly a stopper for them.

Lexis200

Does this also relate to when they have not provided the CCA as per the request and law?.

If they can not provide you with a copy of your agreement at all it's unenforceable, which they will only acknowledge means they can not take you to court. Any of the other things they do (which we would all class as enforcement) do not count to them.

Sadly, according to the FOS (or at least the person I spoke to last year), this is also their stance. A disputed account does not stop them taking the actions they threaten - barring court of course in the example you give.

The problem is that there is nowhere that clarifies what enforcement means, and to my knowledge it has not been upheld anywhere that adding defaults whilst an account is in dispute is classed as enforcement.

What we need is for the CCA to be amended to pin down the minutiae which cause us so much trouble, but until they do that we have a bit of an issue if the FOS side with the banks on this.

On the other hand, the CCA may not explicitly state what they may not do, but it also does not say what we must do; ie the banks bluster and blow that they can still demand money on a disputed account (which technically they can), but nowhere is it written that we must pay if we choose to risk it.

If they ever turn round to you and say there is no CCA (which is unlikely imho as they wouldn't want you knowing that - more likely they'll just fob you off) then that's great. You can approach them and the CRA and have a very good standing to tell them what to do. It will probably still be an uphill battle but you would have a better chance of getting any/all unfair data removed.

If they just take a long time to deliver a compliant and enforceable CCA though there's not much that can be done once they eventually get it to you. The 30 days and they commit an offence bit was removed from the Act so that's no longer a worry to them (not that it ever was from what I've read!), and once they've complied, however long that takes them, and obviously as long as it's enforceable, they can commence collection activity as normal. This is assuming they stopped in the first place because, as I mentioned before, the only thing stopping them doing this is the OFT guidelines:rolleyes:

If you cease paying whilst waiting for an agreement and they suddenly turn up with a kosher one months later there is some discussion as to whether they can charge you the payments/interest you missed when you held paying. One lady I read about on here ended up 2k down due to this very problem, whilst others have had better stories. My personal approach is to try again and again to get the agreement via CCA, SAR and reminders, and if their answers are looking dubious after a while then I can be happier about not paying. I did have the luxury though of already being on payment plans when I started CCAing so I was paying what I could afford - I realise this is not such an easy thing to do if you are struggling to keep up.

It is all very much weighted in favour of the banks though:(

We've been at it for the best part of two years now, and are still paying some and not paying others. The threats were fast and furious to begin with but they have now calmed down, we have not gone to court for any of the non-payment accounts (all unenforceable/non existent agreements) and we are a lot happier. We now know that in the majority of cases the DCA's and OC's will just bluster about if there are any issues with agreements, and the threats are no longer (as) scary.

That said we have a dreadful credit file and can't get a mortgage because of it. Once they realised the money would not be reaching them they threw their toys out of the pram and hurt us in the only way left to them, despite the fact they should not be adding info to credit files if they don't have the documentation (not because the account is disputed, but because they literally don't have a signature saying they can).

Many thanks Lexis 200.

This has really put this all clearer for me, in effect if they dont respond dont rock the boat and just wait till the statute of limitation kicks in. In the mean time the ba***rds trash yr CR and well there nothing you can do to stop them. maybe write to the OFT, OC, and the the CRA. Do you have a template letter I could use to write to the CRA or OFT or OC, to try nd get this info off my Credit record pls.

That is the real crook of the matter.

AS far as I am concirned these banks are a law unto themselfs, and nobody seems to be able to do anything about it.

That's pretty much the situation. As long as you do everything with a court in mind (ie be more than reasonable with your requests/timescales/general letters) you should be fine.

You're right about the credit rating, there's not much you can do to stop them. You can do a bit of damage limitation by adding a line or two to explain circumstances but I'm not sure if it helps as I think a lender just sees the 'D' and doesn't really care why it's there, or if it's legally allowed.

I don't have a template letter I'm afraid as I've not bothered about the credit rating part of things yet, aside from telling the banks they should not be putting info on without the correct documentation. If you have an ask on Pinky69's thread you will probably get a few suggestions from the clued up lot on there.

Your last point is bang on. Unfortunately I don't think it's a case of not being able to do anything, I think the banks have a lot of sway with pretty much all the people that matter, and as a result no one wants to do anything in fear of upsetting the apple-cart.

At least we know we are better people than them;)

Hi Mama,

There's useful info about DN's and how to clean up your credit record here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

The problem is that the banks keep using their interpretation of CCA1974 to say that they've fulfilled the obligations imposed under s.78 by sending you their T&C's and NOT the actual credit agreement. And there is merit in that interpretation.

So, although you may consider the a/c to be in dispute, it may not be.

Lexis 200, thanks so much. the banks r the apple cart and are being muddle cuddles by all the institutions that shoulh protect the consumer. I dont see it ever shanging, its a grest thing we are part of tthis forumn and hence can at least fight for ourselves. It isnt an easy journey though?. and this is what they bank on, that we will get frustrated and give in to their harrasement.

Slick-

What???!!!. You mean the Blood suckers could be right in any way shape or form??.

That is disheartening, and even more annoying now. the law seems to be made to suit their purposes and nothing to look after the interest of the consumers. I think we should all be writting to the powers that be or that mde this rules and ask or demand that the rules be reviewd or changed to protect the comsumer.

Thanks for the site for templates I am looking them up.

Hello toall Caggers. Im back.I know its been quite a while. I have just gone thriugh a lot of majour changes in life across board and hence my prolonged absence.

Just to update youall that RBS, have gone totally quite on me now, even thoug they still have the default and missed payment on my account. I am not sure what to do as thisis affecting my credit. IS ther no letter I can write them that clearly demands that they cancell the alleged debt, as it is not enforceable due to no contract or CCA no pay issue. Requesting that they right it off against their bad debt provision. Does some one have any template or letter of such that I can send to them. I really do need to put this to bed. Even though they have gone quite on me now for about 1 yr.. Or shouldI just leave it quite too, but I am not sure about having a default on my Credit file for another 5 to 6 years. That seems very scary and stressful.

Please help advise some one .

Hi MamaG,

The present position about credit card and loan accounts....... :-

1. The bank can respond to a CCA request with T&C's and they don't necessarily have to supply you with a copy of the original signed credit agreement.

2. If they do this, they can continue to seek payments for the a/c and register adverse credit data if the a/c is in arrears.

3. Even though they can pursue the debt using DCA's, they should not succeed with court action unless they have the properly executed credit agreement. Having said this, some debtors have had CCJ's made against them, even though we believe this shouldn't happen. But it's down to the judge on the day.

4. If they fail to respond with T&C's or a credit agreement, they are in default of your s.78 CCA1974 request and cannot pursue payments, register adverse data, etc.

The case of Carey v HSBC went against the claimant and it's now considered unwise to seek a ruling of unenforceability by taking court action against a bank.

Hi MamaG:)

Not to put a damper on what you want to do, but I've sent F+F letters to all creditors who have variously no CCA, dodgy CCA/Default combos and ones that are fine but we'll be paying for the next 100+ years on our current plans (not kidding - I actually pointed out to one that I'd be over 130 by the time it was paid off:)). None have accepted, most ignored it, the one with the 100+ years came back with a counter offer over 5 times what I could afford. Not saying don't try it, but I wouldn't get your hopes up tbh:(

The default went on in April 2010 or before, so you're already a third of the way through and don't have 5/6 years to go. I know it's not much of a help but it's a bit better than you seemed to think above...

Slick, does it still apply that if they've sent an application void of prescribed terms they are on a sticky wicket, or has that too been changed (I've been off for quite a while too and haven't caught up with latest changes!).

To be honest I'm not actually worried as they've pretty much given up on chasing now (touch wood), but I'd like to know as I don't like having the wrong information to hand.

Thanks

Lexis

Slick, does it still apply that if they've sent an application void of prescribed terms they are on a sticky wicket

Strictly speaking, without the properly executed credit agreement (which includes the required Prescribed Terms), the bank should not be able to get a CCJ against you for the debt.

But they can still pursue payments, instruct DCA's and sell the a/c to a lower life-form.

But, again, any new owner of the debt should be unable succeed with court action without the properly executed credit agreement.