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RBS want my signature before they'll send CCA??????????
Hi All,
I am new to this great site and would really appreciate some advice or comments.
I recently sent a CCA request to RBS (amongst others!) and have just received a letter stating they cannot action this request (note they haven't returned my £1 PO) until I provide them with a signature.
I wanted to know whether they are entitled to do this and whether anyone else has had this problem and what they did about it?
Re: RBS want my signature before they'll send CCA??????????
Hi,
No they are not entitled to ask for your signature.
Write to them reminding them they have 12 days from the date they received your request to comply.
Thankyou for you letter dated xx xx 2010.
I am not prepared to send any original signed documentation to yourselves for the CCA request, I must inform you there is no such provision under the Consumer Credit act 1974 to ask for my signature.
I have sent in a valid CCA Request and Under the terms of the above Act, a creditor has 12 working days to provide the requested document.
Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:
* You may not demand any payment on this account, nor am I obliged to offer any payment to you.
* You may not add any further interestautolinker.com autolinking image or charges to this account.
* You may not pass this account to any third party.
* You may not register any information in respect of this account with any of the credit reference agencies
* You may not issue a default notice related to this account.
Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.
Sincerely
Regards.
Scott.
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Re: RBS want my signature before they'll send CCA??????????
Hi Scott,
Many thanks for your reply and letter template, very useful.
I have am having a major financial problem at the moment with debt which has spiralled out of control over the last few years whilst I have been trying to get my business of the ground. It's reached a point now where I can no longer make my minimum contractual payments and I am now going through the process with Payplan to try and pay £100 per month pro rata to all my creditors. A friend recommended this site and having spent hours reading about all the problems people are facing and how they are tackling them I decided to send CCA requests to my creditors to see how many of my agreements are actually enforceable. I'm not saying I don't want to pay my debts just if I have a position to negotiate a full and final settlement it would be better.
With regards to CCA requests whilst in a dmp , can I go about it in the same way do you know? It's early days with the dmp so none of the creditors have said they will accept reduced payments yet. A couple Amex and Egg have said they will be referring the account to DCA and legal already!
Re: RBS want my signature before they'll send CCA??????????
Hi,
No, there may be the odd late payment charge but literally one or two so not worth the bother given how much else I have to do at the moment! (trying to sell my house you see to pay off some of the debe ) and I didn't have any PPI on any of my cards so no claims to be made there either
but thank you for your reply, I will get back on to them, I have received advice from my CAP1 thread regarding signatures, signing under a grid of xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx so will use that and see what comes back. As per my other thread I can't imagine any creditor would be daft enough to use a protected signature to 're-create' ahem a CCA!!!!
I will update once I have more correspondence from them!
RBS want my signature before they'll send CCA??????????
(amongst others!) and have just received a letter stating they cannot action this request (note they haven't returned my £1 PO) until I provide them with a signature
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Re: RBS want my signature before they'll send CCA??????????
) and I didn't have any 