Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder bergebabe Novitiate



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    Default RBS Natwest cards - CCA request ignored

    Hi guys -

    Just a quickie - i wrote to RBSicon Natwesticon cards (original debt with mint) with a CCA Requesticon. i allowed a little longer than the 12 +2 days because of the festive period - but I find that my request has been completely ignored! How rude!

    I have been paying them over 175 per month on a frozen interest agreement for 3 years so have stopped that payment as of this month. should i write to them to say i have stopped the payment as they havent responded to my request? Or should i just do nothing and wait for them to contact me (which im sure they will do once they realise i've stopped paying them).

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  2. #2
    Gold Account Holder dpick Highly informative dpick Highly informative dpick Highly informative dpick Highly informative dpick Highly informative dpick Highly informative dpick's Avatar



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    Default Re: RBS Natwest cards - CCA request ignored

    Hi just for info that you may be aware of the 12+2 days are working Days so if you were unaware check the time scale again..

    dpick.

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
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  3. #3
    Royalties Account Holder PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative PGH7447 Authoritative



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    Default Re: RBS Natwest cards - CCA request ignored

    send them this

    Send by recorded....and edit as required

    Account In Dispute

    Ref:

    Dear Sir/Madam

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

    You have failed to respond to my legal request to supply me a true copy of the original consumer crediticon Agreement for the above account.

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
    You have failed to comply with my request, and as such the account entered default on **DATE**.

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore


    You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

    This limit has expired.

    As you are no doubt aware section 77(6) states:

    If the creditor fails to comply with Subsection (1)

    (a) He is not entitled , while the default continues, to enforce the agreement.

    Therefore this account has become unenforceable at law.

    As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as 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 21 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 not respond within 14 days I 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 applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interest or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.


    I reserve the right to report your actions to any such regulatory authorities as I see fit.
    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

    I would appreciate your due diligence in this matter.

    I look forward to hearing from you in writing.

    Yours faithfully

    __________________




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  4. #4
    Basic Account Holder bergebabe Novitiate



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    Default Re: RBS Natwest cards - CCA request ignored

    hiya - yep working days only - was posted on 11th dec.


  5. #5
    Basic Account Holder bergebabe Novitiate



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    Default Re: RBS Natwest cards - CCA request ignored

    WOW PGH that is one scary looking letter!!! Am on it now - THANKS!!


  6. #6
    Basic Account Holder bergebabe Novitiate



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    Default

    hi guys - i have now received a CCA through from RBSicon Natwesticon which i believe to be enforceable but i thought i would post it up anyway just to double check.

    it was sent with a letter saying (relevant paragraph only) -

    "we are obliged to provide you with a true copy of the credit agreement and a a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the true copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement. "

    here is how it was sent -

    i have attempted to blow it up so its more readable =

    Anyone?

    Im pretty sure its enforceable and they have always treated me fairly so have no issues with this at all - but would love confirmation from someon more knowledgeable than myself!!



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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