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)


+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    Mike220359 Novitiate Mike220359 Novitiate Mike220359's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jun 2006
    Posts : 425 (0.09 post per day)

    Default Asked for the CCA, got alot more! (RBS)

    I sent off a CCA Requesticon (with 1 PO) regarding an agreement that I was defaulted on in November 2003, but paid the lot off in April of 2004.

    I asked for the original agreement

    a) so I could argue that the default should be removed

    and b) that they couldn't hide behind the 'you agreed to the charges when you signed the agreement' when I went for the unlawful charges.

    Sent the letter on the 25th July, got this letter back today.

    Royal Bank of Scotland,
    CRAicon Enquiries Dept.
    RBSicon
    PO Box 6050
    Southend on Sea
    SS99 1WL

    Dear Sir,

    Tahnk you for your letter, concerning information held with the Credit Reference Agencies for your credit card account. Please accept my apologies for the length of time it has taken to respond.

    Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information. So that there are no misunderstanding here we will set the record straight on the format of the information we are obliged to provide you.

    Your written request under section 78 (1) of the CCA must be accompanied by a payment of a fee of 1. (Funnily enough the PO was stapled to this letter) We are obliged to provide you with a 'true' copy of the credit agreement and 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 taht still reuire to be made. In terms of theCC copy document, the true copy requirement can be satisfied by providing a copy at the date the card agreemnet was made.

    As I am unable to provide you with a copy agreement at the date the card agreement was made and a copy of the current terms and agreement, any remaining balance of the card account has been written off and your obligations to us under the agreement are discharged.

    I trust that the above clarifies matters for you.

    Yours...

    Miss H Bennett
    Account Manager.

    ---------------------------------------------------------

    Well there we are, not the greatest of letters and clearly not really well put together, nevertheless, I achieved my aims and now are sending off a Data Protection Act and a demand for the default to be removed.

    Its a pity I didn't have the info given by this site three years ago it would have saved me 10,000


    Mike


    Similar Threads:
    If I've helped tip my scales

    Blair Oliver & Scott, 2500 written off December 2006 Default removed January 2007 http://www.consumeractiongroup.co.uk...ver-scott.html

    Monument, didn't sign the agreement

    Lloyds TSB didn't sign the agreement!

    Citicards, didn't sign the agreement

    RBS tut, tut!

    Morgan Stanley, oh dear
    Follows
    0
    Following
    0

  2. #2
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    stuarti Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jun 2006
    Posts : 23 (0.01 post per day)

    Default Re: Asked for the CCA, got alot more! (RBS)

    Hi Mike,

    can you tell me were you got the CCA request form and how does it work.

    Kind Regards,


  3. #3
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    podgydad Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Feb 2006
    Posts : 283 (0.06 post per day)

    Default Re: Asked for the CCA, got alot more! (RBS)

    Sorry, can you clarify what a CCA is?

    If I read it right, they can't find a copy of your agreement therefore they have cancelled your debt?


  4. #4
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    Mike220359 Novitiate Mike220359 Novitiate Mike220359's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jun 2006
    Posts : 425 (0.09 post per day)

    Default Re: Asked for the CCA, got alot more! (RBS)

    Dear Stuarti & Podgydad
    There isn't a form for a CCA Requesticon, what you need to do is write to the bank that holds your account with a letter stating

    Could I ask that you supply me with a true copy of the agreement. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. I also understand that it is your obligation to provide me with a statement of account. I enclose a 1 postal order in payment of the statutory fee.

    The thing is that if the bank does not reply within 12 working days, you can legally withold any payment due to them since they are in default of the act. If they do not supply a copy within a month from the date of the letter then they have committed an offence, and the debt becomes legally unenforcable unless the bank gets the authority of a judge to reinforce the agreement. The thing is that when the bank is in default no inters or charges may be added to the account.

    CCA is jargon for 'consumer crediticon Act 1974', which governs some of he work that banks undertake, especially loans and credit cards.

    The thing is that if the CCA act is not fully complied with the Bank gets into a lot of hot water when they try to enforce the debt. As the letter that started this thread shows, RBSicon didn't have the necessary documentation to manage my account. This opens up a right can of worms, that really I can't talk about here since it's now obvious that financial institutions read threads to gain insight into waht is going on. I'll post any results when they come to fruition.

    Kind regards,

    Mike




    If I've helped tip my scales

    Blair Oliver & Scott, 2500 written off December 2006 Default removed January 2007 http://www.consumeractiongroup.co.uk...ver-scott.html

    Monument, didn't sign the agreement

    Lloyds TSB didn't sign the agreement!

    Citicards, didn't sign the agreement

    RBS tut, tut!

    Morgan Stanley, oh dear
    Follows
    0
    Following
    0

  5. #5
    willowb
    Guest

    Default Re: Asked for the CCA, got alot more! (RBS)

    Quote Originally Posted by Mike220359
    but paid the lot off in April of 2004.

    Its a pity I didn't have the info given by this site three years ago it would have saved me
    I don't believe that they'd do that without a struggle! In all the threads (Mostly SB's stuff) it always states to use these letters on closed accounts only. I've recently send SB's template letter to Barclaycard (in legalities section) so I'm waiting for a response on that.

    Wxx


  6. #6
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    Mike220359 Novitiate Mike220359 Novitiate Mike220359's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jun 2006
    Posts : 425 (0.09 post per day)

    Default Re: Asked for the CCA, got alot more! (RBS)

    The account is closed thats the daft thing about it. I was defaulted in November 2003, but they were still updating the CRAs in May of 2004

    Mike

    If I've helped tip my scales

    Blair Oliver & Scott, 2500 written off December 2006 Default removed January 2007 http://www.consumeractiongroup.co.uk...ver-scott.html

    Monument, didn't sign the agreement

    Lloyds TSB didn't sign the agreement!

    Citicards, didn't sign the agreement

    RBS tut, tut!

    Morgan Stanley, oh dear
    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details