This is the lovely letter from RBS sent to OH.

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromRBS.jpg

At least they did not send him a "cut and paste" job. I think "misfiled" is the new name for "we've shredded the bloody agreement but don't want you to know that".

What other avenues can they take besides the court! Can they issue a default on OH's credit file.

Hammyhound

They cannot start legal proceedings to get the money from you without a CCA. They will probably pass out the account to a debt collection agency, break all of the debt collection rules of the OFT, FSA etc.

I think a stiff letter, one of Curlybens, Pt or X20'S will be your next step, outlining your position.

You could try sending this (sorry I don't know the original author!!) I can't believe they have admitted no agreement and that they cannot enforce it through the court but hey ho keep paying us anyway- I don't think so!! Hope this helps:)

Dear xxxx,

Thank you for your letter dated xxxx, however I find it difficult to believe that you have mislaid such an important document as the copy of the credit agreement.

As I am sure you are aware; especially with the recent highlighted cases of 'lost' data, which seems to be a serious issue I was led to believe that you are legally obliged to keep copy agreements for a 6 year period. As I’m sure you are aware, this 6 year period starts from the closing of an account not the opening of one.

It would appear that you have failed in your obligations to comply with the various anti money laundering regulations in not keeping such documents. This, as I’m sure you are aware, is a very serious offence.

I now require the balance of this account to be returned to zero.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

Furthermore, you should be aware 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 as such the following would apply:

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to the account.

You may not pass the account to any third party.

You may not register any information in respect of the account with any of the credit reference agencies.

You may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to The Financial Crime Branch of HM Treasury and any other authorities as I see fit.

I look forward to your reply in due course.

Yours faithfully

Thanks folks, I will send the letter off. It has really brightened our day that letter fancy admitting an agreement has been misfiled:D

Nothing received on my RBS account as yet, we both opened the credit card accounts at the same time.

Time to open a parachute account me thinks just in case!

Oh and I will put the Postal Order back into my RBS account:p

OH's credit file now showing a default for this. The problem is they issued the default notice before they sent out the letter. Is there anything we can do.

HH