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  1. #1
    Basic Account Holder Misscynical Novitiate



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    Default RBS/DirectLine 'misfiled' my Agreement

    Greetings everyone, happy new year!

    I CCA'd DirectLine/RBSicon for my credit card agreement and this is the reply I got back!

    "Dear MissC

    I write with reference to your current request under section 78(1) to supply copies of the original agreement set out under the consumer crediticon Act.

    I enclose the most recent statement showing the balance and payments due, as well as copy of the current T&C's.

    We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valud, and we expect you to continue to meet your obligations under the agreement.

    We should point out that if you do not resume making payments we will report the default to the Credit Reference Agencies. Section 78 (6) 'Unenforceable' only prevents us from pursuing recovery of the debt through the courts.

    I trust this clarifies the matter for you.

    Yours sincerely


    Accounts Manager"

    Well then, what do we all think of this?? I've read hammy's thread so should I send the same letter? This could be interesting

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  2. #2
    Royalties Account Holder rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    I don't know what letter hammy sent on his thread but this is what I did on mine http://www.consumeractiongroup.co.uk...s-oh-dear.html


  3. #3
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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Quote Originally Posted by Misscynical View Post
    Greetings everyone, happy new year!

    I CCA'd DirectLine/RBSicon for my credit card agreement and this is the reply I got back!

    "Dear MissC

    I write with reference to your current request under section 78(1) to supply copies of the original agreement set out under the consumer crediticon Act.

    I enclose the most recent statement showing the balance and payments due, as well as copy of the current T&C's.

    We regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valud, and we expect you to continue to meet your obligations under the agreement.

    We should point out that if you do not resume making payments we will report the default to the Credit Reference Agencies. Section 78 (6) 'Unenforceable' only prevents us from pursuing recovery of the debt through the courts.

    I trust this clarifies the matter for you.

    Yours sincerely


    Accounts Manager"

    Well then, what do we all think of this?? I've read hammy's thread so should I send the same letter? This could be interesting

    Standard RBS letter which means they either haven't got your agreement or alternatively that it is unenforceable............ ........

    You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

    If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

    If you think I have been helpful PLEASE click the scales

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  4. #4
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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    I sent the letter that was posted in my thread (apologies but I don't know the author) but I feel nothing is going to come of it but at least I have their letter in case they send a DCAicon to enforce I suppose.

    Oh happy days.

    Hammyhound (I am female by the way)


  5. #5
    Basic Account Holder Misscynical Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    I'll send the letter to them anyway, and am going to see what people on here reckon about trying to get my charges back. There's only a few but every little helps in this climate! Didn't I read somewhere (maybe the Barclaycard thread that you may be able to claim back everything ever paid to them? That would be hysterical but I probably misread it. Would just be happy to have balance at zero! Cheers HH(fm)


  6. #6
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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    I sent the letter that was posted in my thread (apologies but I don't know the author) but I feel nothing is going to come of it
    This is the letter I sent to RBSicon.
    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.


    I have today received a lettericon from Wescot Credit Services informing me, that you have informed them; you are only 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.


    Furthermore, please be aware that the recent letter I received from Nelson Guest & Partners Solicitors could, under the Administration of Justice Act 1970 section 40, be construed as unlawful harassment. As Wescot Credit Services are your agent any court claim regarding harassment would be brought against both Wescot and yourselves, as you would be complicit in this action.

    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
    And this was their reply

    http://www.consumeractiongroup.co.uk...tml#post996286

    There's only a few but every little helps in this climate! Didn't I read somewhere (maybe the Barclaycard thread that you may be able to claim back everything ever paid to them?
    There is no basis in law for doing this. It would be deemed as unjust enrichmenticon and if you were to bring such a case you may become liable for several thousand pounds worth of costs.



  7. #7
    Basic Account Holder Misscynical Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Hi Rory, am keeping my fingers crossed that I get the same result as you, and many thanks for posting your 'templateicon' letter for us to use. It was rather tongue-in-cheek my comment about claiming everything back as I really would be ecstatic to have my balance reduced.


  8. #8
    Basic Account Holder alangee Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Misscynical

    Can I ask the start date of your agreement with RBSicon?

    Alangee


  9. #9
    Basic Account Holder Misscynical Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Hi Alangee, of course you can. I would like to have been able to pick up my copy of the agreement see what date I opened it too but unfortunately I haven't got a copy But... I just rang to ask them and according to their system (if we can rely on it being better than their filing system!) it was 16 March 2001. Whilst I was on the phone I said to the chap that as RBSicon couldn't supply me with a copy of my agreement after 'misfiling' it so could he send me all my statements since I opened the account. He was fine with it and didn't mention the £10 fee.


  10. #10
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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Rory well done by the way, I hope my OH's reply also comes to some fruition. No sign of my letter though, they are still trying to find it!!

    Will keep you posted.

    Hammyhound


  11. #11
    Basic Account Holder Misscynical Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Update, update. I sent 'I find it difficult to believe that you have mislaid such an important document...' letter and here is their reply!



    Any comments welcome. I've just had a call from them chasing payment and the letter states this is their final responseicon. Do I now report them to the Financial Ombudsmanicon and is there anyone else I can report them to? Thanks all, MissC


  12. #12
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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    well I guess you could tell them the next time they phone chasing payment, that you'll make a payment when they produce a properly executed copy of your agreement


  13. #13
    Basic Account Holder lil old me Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    misscynical

    Could you tell me who the letter was signed by or sent by? It seems like a weird reply being that the debt is not made void with no contract yet they cannot make you pay it through the courts should you stop paying!! Seems a bit contradictory to me?


  14. #14
    Royalties Account Holder rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative rory32 Authoritative



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    It seems like a weird reply being that the debt is not made void with no contract yet they cannot make you pay it through the courts should you stop paying!! Seems a bit contradictory to me?
    The debt is not void because it still exists. They just can't make you pay it. They can charge interest and send out statements to their hearts content....and then you can just bin them and forget about them


  15. #15
    Basic Account Holder lil old me Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Thats my point!! How odd is that. Its should either be one way or another, preferably written off!!


  16. #16
    Basic Account Holder lil old me Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    I am atm trying to get a default removed from Mint and they have openly admitted they have no copy agreement for me (besides my signed application form). I am still paying them £15.00 per month with no interest being added as the account is terminated. Am I right in saying that because they have no contract for me, if I stopped paying, they cannot make me through the courts - but what would happen with my account with the CRAicon's, can Mint make it any worse than they have with the default? I am paying for something that basically they cant make me pay for but will not remove the default.

    What are your ideas on non payment? They would contact me and say pay now, and I'd say I'll pay you when you remove the default...hmm I wonder whether that would work? Either they DO have a signed agreement and havent given it to me yet - or they dont have the agreement like they have told me and cannot make me pay. I wouldnt consider this if I didnt have the default but seeing as I already do then do I have anything to lose? I WILL fight the default removal until the end, but would it make matters worse in trying to get the default removed if I stopped paying? I just dont know!


  17. #17
    Basic Account Holder mejules7 Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    fantastic thread - hope you dont mind me subbingicon just really hopeful as just rec'd letter from RBSicon stating they have no CCA


  18. #18
    Basic Account Holder Misscynical Novitiate



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    Default Re: RBS/DirectLine 'misfiled' my Agreement

    Hi lil old me, sorry for delay in replying. The letter was signed by H E Bower. I complaied to the fosicon and RBSicon then sent a letter saying they would refund £42 in charges to my account. As I decided to go bankrupticon on 29 January I didn't bother replying. I might tell the Official Receiver that the account was in dispute as no CCA but doubt she'll be interested Good luck, am still subscribed to thread so interested to see what happens. MissC



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