I have a credit card with RBS and had a payment plan agreed with them in which they agreed to stop interest and charges. This arrangement was made over the phone and as you can guess the charges and interest still continued. I contacted them in writing to ask them to honour their original agreement and had no response.

I then started to get hassled by Triton. Spoke to them once on the phone and was told they wanted silly amounts and if I didn't have it I should borrow it from a family member or get another loan. I told them where to go and sent them the telephone harassment letter and a CCA request on 9th November, 2008.

Heard nothing at all from Triton after that. Out of the blue a yellow card arrives from AIC to contact them...... yeah right! These morons kept phoning and leaving messages.

On 16th December, 2008 I sent Triton a letter stating that the account is in dispute as they hadn't sent the CCA. The same letter was also sent to RBS. I sent the "I am bemused" letter to AIC explaining that the account is in dispute and nothing to do with them, along with the telephone harassment letter.

Today what a surprise, I find that RBS are still talking to me after all! I get an undated letter from them (Miss H Bennet) as follows:

I confirm receipt of your letter of 16th December and previous request letter received.

Our responses to a request under the Consumer Credit Act s78 stipulates that we should respond within 12 working days. However, there is an additional deadline of a further month for us to send our responses and our responses will be sent accordingly within these timescales.

I therefore respectively request you refrain from sending such letters, as a response will be sent.

All further 'dispute' and 'chaser' letters received from you whereby we have yet to send our response in the time allowed (as advised above) will not be acknowledged by us.

We do not consider any account to be in dispute and your indebtedness on the account remains due and payable.

I trust the above clarifies matters for you.

Yours sincerely,

Miss H Bennet

Account Manager.

All sounds a load of bull to me, how can the account not be in dispute?

Do I need to do anything now like send her a shove it where the sun don't shine response or just wait? I have incidentally stopped making payments to them.

Many thanks in advance for advice.

Sasher01

They don't have 30 days now. That changed earlier this year. They have 12 working days from the date they receive the letter.

Pay them nothing until they send you an enforceable CCA.

DCA's like to think they can make up their own laws. Luckily CAG and the Courts follow the real ones.

Might be worth writing and asking which part of the law they're referring to, as the law changed in May 2008 and they should inform their employees to this fact, so they don't give out misleading information.

After 12 days RBS enter into default mode, this means they are precluded from enforcing the agreement whilst their non compliance continues. However, once they have complied, irrespective of how long they remain in default they may continue to enforce. What amounts to a "true copy" though is up for debate.

hi,very much doubt rbs or triton will supply you with a true copy of your credit agreement as when i asked for it all they sent was my application form.

I've seen the "initial 12 days and then some" claim from Cabot too. You could send RBS a letter asking them which part of the law gives them this right. hat'll challenge them because there ain't one. Ask for their complaints procedure and make one. The main facts are the lack of an agreement and the misleading nature of their letters plus the passing on the account to debt collectors even when it is in dispute. They have eight weeks to call the whole thing off, admit defeat and wipe away any negative information on your credit files. After that you can get heavy and report them to the Financial Services Ombudsman...for starters

Many thanks for all your advice. I will send little Miss Snotty a letter informing her that her knowledge of the Law is out of date and as far as I'm concerned the account is in dispute as I told her before!

more than likely "Miss H Bennet", if she does actually exist, didnt come within 100 yards of that letter, as to me the thing smacks of an automatically generated piece of drivel which uses the name of one of the managers there or something.

reminds me of a joke letter my mate sent to mcdonalds once, it went something like this..

 

Dear Ronald McDonald

 

I doubt your existance, please can you prove your existance in reality by responding to this letter with a hand written reply to the above address.

If you have not responded to me within 14 days, then i shall have to assume you do not in fact exist and will consider taking legal action against the company you claim to reparesent for perpetrating what appears to be an elabourate hoax.

 

Thanks