Hypothetical situation:

If I were to make a CCA request to a CC company, for example Mint. The CC then right back to me explaining that they cannot send the CCA as I didn't sign my request letter.

So if I got a colleague to sign it on my behalf, with a really silly signature, say for example 'Donald Duck', and the CCA returned to me as part of my request had the very same signature on it, hypothetically what would I do?

Is there a claim for compensation here? I know that Mint don't have the CCA that's been requested, so the debt is unenforcable. Hypothetically how would you punish Mint financially in these circumstances

I doubt that Royal Bank Of Scotland would do that as its fraudulent.

In the instance they can't find your CCA they will likely however send you a copy of the current agreement for new credit card accounts... and try and pass that off as your agreement.

Under the rules and regulations they can exclude in a CCA s78(1) request the signature, the signature box and date the document was signed.

In the event that you have problems with them, apply for a copy of the executed agreement by submitting a SAR under the Data Protection Act 1998 specifically requesting it. Then when they don't comply submit a claim to court for it to be produced (not a claim for money).

Then finally go to court to get the debt judged unenforceable.

I know that there was a court ruling recently that stated that a debt is not necessarily unenforceable if they haven't supplied the CCA request, so you have to be thorough - hence the need for the SAR request as well.

No??????????????????The RBS would not anything that is "fraudulent!!!!!"....EVER....?????

Have a look at the last few posts on "Big Claim against RBS",,,.....you've never heard of fraud by RBS?????take a quick look at the last 15 or so posts.

sparkie

I stand corrected. Come to think of it remember Paul Waltons case where his CCA was "recreated".