Recently did a CCA request for one of my rbs loans, and they admitted they couldnt find it, and said it wasnt enforceable.

Iv also claimed PPI for this loan, and got a response back today saying theyd give me £900 back, but they were going to credit the loan account with it, then put the £100 thats left over, into my current account that I dont use, and it about £600 over the overdraft!!

So I wont actually get a penny of it. Are they entitled to clear arrears for a non enforcable loan?

Can anyne help please? Also, if I say they arnt allowed to use my refund for arrears, can they refuse to refund me if this makes them aware that RBS havnt got a cca for his loan?

Help meeeeee. I have just drafted this letter out. Will it p**s them off? Can they change their mind about the refund once they realise theres no CCA, or does it not make a difference?

Dear Donna Wrath,

I write to you in response to your letter received today, dated 12th November.

Recently, I sent a CCA request to RBS for loan account number, ******** - the account number that the PPI refund corresponds with. RBS wrote back to me and confirmed that they had mis-placed my CCA for this account and that the loan is therefore unenforceable. You are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, you are not entitled to charge any interest on the account, nor make any further charges to the account. This includes payments to clear my arrears. You are not entitled to use my PPI refund to clear the loan arrears as the loan is unenforceable and I will not hesitate in going to the Financial Ombudsman with this complaint.

Nor will I accept that the refund is to go into my current account as I do not use this account. I would like a cheque for the full £901.42, upon receiving a new declaration for me to sign with the above conditions, I will gladly sign it and send it back to you.

Hi flubdub,

RBS must give you the money back....they cannot take it to pay off the loan amount as this would be misappropriation of funds...if they had a CCA agreement they could do that it is called "off setting" but they cannot do it with that CCA agreement .

sparkie

Excellent Sparkie, thanks. So is that letter ok? Are they likely to send a letter back refusing what Iv asked?

Hi There,

Did you have any joy with this issue as I am in the same boat now?...

Bizzi