Hi All,

I am new to this great site and would really appreciate some advice or comments.

I recently sent a CCA request to RBS (amongst others!) and have just received a letter stating they cannot action this request (note they haven't returned my £1 PO) until I provide them with a signature.

I wanted to know whether they are entitled to do this and whether anyone else has had this problem and what they did about it?

Many thanks and thanks for reading.

FF:?

Hi,

No they are not entitled to ask for your signature.

Write to them reminding them they have 12 days from the date they received your request to comply.

Thankyou for you letter dated xx xx 2010.

I am not prepared to send any original signed documentation to yourselves for the CCA request, I must inform you there is no such provision under the Consumer Credit act 1974 to ask for my signature.

I have sent in a valid CCA Request and Under the terms of the above Act, a creditor has 12 working days to provide the requested document.

Furthermore, you should remember 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 therefore the following applies:

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

* You may not add any further interestautolinker.com autolinking image or charges to this account.

* You may not pass this account to any third party.

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

* You may not issue a default notice related to this account.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

Sincerely

Regards.

Scott.

Hi Scott,

Many thanks for your reply and letter template, very useful.

I have am having a major financial problem at the moment with debt which has spiralled out of control over the last few years whilst I have been trying to get my business of the ground. It's reached a point now where I can no longer make my minimum contractual payments and I am now going through the process with Payplan to try and pay £100 per month pro rata to all my creditors. A friend recommended this site and having spent hours reading about all the problems people are facing and how they are tackling them I decided to send CCA requests to my creditors to see how many of my agreements are actually enforceable. I'm not saying I don't want to pay my debts just if I have a position to negotiate a full and final settlement it would be better.

With regards to CCA requests whilst in a DMP , can I go about it in the same way do you know? It's early days with the DMP so none of the creditors have said they will accept reduced payments yet. A couple AMEX and EGG have said they will be referring the account to DCA and legal already!

Many thanks

FF

Hi,

You can ask for your CCA any time, regardless.

Do you have any Credit Cards with charges that could be reclaimed or any loans ect with PPI added.

Hi,

No, there may be the odd late payment charge but literally one or two so not worth the bother given how much else I have to do at the moment! (trying to sell my house you see to pay off some of the debe ) and I didn't have any PPI on any of my cards so no claims to be made there either

but thank you for your reply, I will get back on to them, I have received advice from my CAP1 thread regarding signatures, signing under a grid of xxxxxxxxxxxxxx

xxxxxxxxxxxxxx

xxxxxxxxxxxxxx

xxxxxxxxxxxxxx so will use that and see what comes back. As per my other thread I can't imagine any creditor would be daft enough to use a protected signature to 're-create' ahem a CCA!!!!

I will update once I have more correspondence from them!

Many thanks

FF

Hi All,

RBS have sent me a default notice. It is dated the 12th July, I received it today.

Please can you wise folk advise me if it has been executed correctly? I have read many threads and it seems to me that the date issue is a little off, but I am new to all of this so would really appreciate your assistance

Default Notice

http://i892.photobucket.com/albums/ac128/fossilfinder/rbsdefault1001-1.jpg

covering letter http://i892.photobucket.com/albums/ac128/fossilfinder/rbsdefaultlet002-1.jpg

The envelope it came is has a printed stamp S Postage Paid/C9 10006 I know the C9 bit refers to RBS licence with Royal Mail. Any thoughts on the S? I have read somewhere that if it is unclear which service was used then it is assumed to be second class? Again any thoughts or pointers to threads?

Again, many many thanks

FF

Have a look at this link, Schedule 2, (3) where you will see that the actual date should be shown on the default notice, all they say is 17 days from the above date:-

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1411&d=1193876108

Hi MissMuppet,

Thank you for the link. Has a defective default notice, defective only because it didn't state a date in date format, ever been taken to court and supported by the judge do you know?

Reading through the regulation all the other wording has been used correctly.

Going back to the time RBS allowed me to remedy the breach. On the DN itself they state I have 17 days from the date of the notice (12th July). Given it was dated the 12th and I received it 17th I assume it was sent 2nd class post. So my understanding is I should get 14 days + 4 working days (in this case 18 days). so surely they haven't given me enough time to remedy the breach? Can anyone clarify this for me?

Many thanks again

FF

Have a look at this thread fossil:-

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further-106.html

Thanks Miss Muppet,

I have had a look through the thread, it certainly seems the general concensus is that 'x days from date of letter' is not sufficient. given I am not in a position to remedy the breach, even if they gave 100 days I will have to wait for the next step, which I assume will be a termination of account!

Having read the thread, my understanding is it needs to be 14 'clear' days, (so not the 12th)+ 4 , that would take it to 30th July by my reckoning. Can someone confirm for me?

Am I right in thinking if I receive a termination of account letter prior to the 30th July, they have made a big boo boo and are only entitled to claim the arrears stated on the DN?

Thank you CAGgers, I really appreciate your help

FF

I do wish someone could confirm whether or not this "17 days from the date of this letter...." renders a d/n invalid. Has it ever been challenged in a court, and what was the result. I cannot understand how a bank like RBS can continue to issue d/n in this format if they are fatally flawed.

Griffin036,

Have a read through the thread linked in post #4, it may prove informative to you.

Can anyone help me out on the issues I raised in post #5 please?

Many thanks

FF

I received an Ulster notice a couple of weeks back, pretty much identical to this.

It arrived 7 days after the date on the letter(yes 7)

I think its safe to say that thats not first class delivery in which case its certainly short.

Also it is not made clear how much is to be paid?

The higher of the 2 or the sum of the 2?, hows your average layperson meant to know?

Heres my thread, I know its Ulster bank but they are pretty much the same now.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268544-termination-received-can-someone.html

Hello Again CB,

I will go and have a read, I get the feeling the 'layperson' ISN't supposed to know and they don't make it clear in the slightest, it just shouldn't be allowed to continue.

The thing is for every 1 that questions it thousands more dont. Would probably cost more to fix up that its worth.

It does seem like the same banks are doing us favours at the moment.

So far 3 out of 5 have made fatal errors with my accounts.

Hi CB,

Sorry, haven't been around for a while as away at an event trying to earn some money!!!

Hope things are okay with you.

I am receiving more DN from other creditors so the file is getting bigger!

Take Care

FF

How are things going?

Out of curiosity have you received correspondence from Triton?

Hi CB,

How are you?

My account has been terminated by RBS, 2nd August so looks as though they have done the right thing re timing etc.

Haven't received any correspondence from Triton, who are they? I have been told my debt will now be passed to RBS' debt recovery office.

I have asked nicely for them to stop charging me late and overlimit fees and accruing interest, will wait with baited breathe for their response.

Take Care

FF

Hi CB,

How are you?

My account has been terminated by RBS, 2nd August so looks as though they have done the right thing re timing etc.

Haven't received any correspondence from Triton, who are they? I have been told my debt will now be passed to RBS' debt recovery office.

I have asked nicely for them to stop charging me late and overlimit fees and accruing interest, will wait with baited breathe for their response.

Take Care

FF

Hi Fossil,

Triton are RBS' inhouse debt collectors, wish you luck with the request to stop interest/overlimit charges, they are not usually the bank that likes to be helpful!

Hi Miss Muppet,

Thanks, you never know. You know it REALLY urks me that RBS was one of the bail out banks, receiving help from the taxpayers (albeit without our direct consent!!!) but received it nonetheless. They were in a financial tight spot, needed help to get back on their feet and were lucky enough to receive it. How come there is no assistance to us from them when we need it. I didn't get into debt by being reckless, I got into debt because I was trying to make a business work and it didn't fly as well as I had hoped. Shame I don't have a nice government happy to help!

Sorry - rant over!!

I'm good thanks.

As said Triton seem to work for RBS group. I had a letter on Ulster paper, in an Ulster envelope in Ulster font only difference was a Triton letterhead and a different return address.