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CCA - RBS refusing!


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Hello :)

 

I just wanted some advice.

 

I CCA'd RBS Mastercard,

who came back and asked for a signature.

 

I looked at a post on the forum with a similar problem to mine and used the letter saying that they had sent my statements to this address etc

and included copy of passport (signature blurred) and utility bill.

 

Today I received the letter back saying they still required signature,

which is frustrating as I know they are just going to copy and past it onto agreement.

 

I have a very big feeling they don't have a signed CCA.

The card was taken out in 2007 so not sure if that's still within the time limit,

but regardless, they should be able to provide me with some form of documentation.

 

What's my next step? I really don't want to give them the signature!

 

Thanks, Lou :)

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Then make your signature different to your normal one, even get someone to watch you do it and let them see the difference you make, then you can check with what comes back.

 

If they do as you suspect, just think of the trouble you can make for them.

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Sorry to be a pest again, need some further advice. I CCA-ed my overdrafts with RBS and I know for a fact they don't have my paperwork - they have simply replied by typing up the details of my account and saying that a signed copy of my agreement does not need to be provided to me. Can anyone help at all? Lou

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You could send an SAR request cost £10 which will produce all statements along with all letters etc covering the last 6 years and specifically ask for a copy of the overdraft agreement,the question to consider is did you ever sign an agreement for the overdraft?? Most overdrafts are just agreed with the bank.

 

FS

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  • 1 month later...
Hello me again! I tried reclaiming my charges from my overdraft accounts, but the bank say they have accomodated my financial hardship by currently stopping interest and that they aren't obliged to refund the charges! Can anyone advise? Thanks :)

 

Are they still adding charges ?

 

Are you still using RBS to bank ? If so, you might want to consider setting up a basic bank account with a bank that has no links to RBS.

 

Once you have done that and you are having any income paid into the new bank account, you should write to RBS advising that you will pay £x amount per month off the debt.

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  • 5 months later...

Hi everyone,

 

I'm hoping for a wee bit of help.

 

I recently requested copies of my default notices from RBS for two overdrafts I held with them,

as I don't seem to have them (have every other bit of paperwork from them, so it seems like I never received the documents,

I hoard everything, would never have misplaced that sort of thing!)

 

The documents they sent me are dated 2011, but the defaults my credit file show are from 2012...

 

Can anyone help me fathom this out?

 

I though that if they served notices in 2011,

the dates on my credit file would show 2011?

 

Sorry if this is a silly question,

I just wanted to get advice from anyone who knew a bit more about this sort of stuff?

 

Thanks for reading :)

 

Edit: I should note they can't produce me with a copy of the default notice for my credit card,

though they did tell me it was issued on 5 May 2011

and gave me 2 weeks to rectify,

yet credit report is showing the default for that as 1 July 2011,

 

I'm getting a bit confused as nothing seems to be adding up?

Edited by louisemarie1760
Missed out a bit
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there is no requirement for a creditor to produce a copy of any default notice

 

all they have to do is show, even via an automated system

say in the coms/account log of the SAr that one was sent.

 

there is also no relationship between the date of a default notice

and the default date in any credit reference file summary of an account

 

the DN gives the creditor the permission to register a default

 

not 'when' they actually have to do it.

 

however, is generally acknowledged that is should be within 6mts of the 'cause of action'

or failure to meet the criteria on the DN.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can I just double check something?

I asked the woman I've been corresponding with about where to send a SAR

in order to get info/copy of my default and she replied:

In completing a SAR, you won't get a copy of the default notice that was issued on your credit card.

The reason for this is that notices' are produced automatically

and the figures provided are created on a specific day.

The format we currently use is now different so we can't physically re-create a duplicate notice

that will match the one we sent to you.

That's why I offered to provide a letter that outlined the key information.

 

I should be able to see a correspondence log though that would tell me when they sent it etc?

Thanks! :)

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yes they must show 'some indication' that the DN was sent

 

that's all they have to do sadly.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DX (or anyone else who can help! :) )

 

can I pick your brain about something?

 

I have a copy of my default from Capital One,

but it doesn't appear to include all the things I was told a default needed

 

i.e. there's no 14 days to take action to stop default,

doesn't mention CCA act..

 

. I don't know if this is a proper default letter or not?

 

I can scan and post if you want?

 

Thanks so much,

 

I really appreciate all your help and will be making a donation to CAG as soon as I can.

Lou

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yep scan it

 

prob a NOSIN

 

Notice of sums in arrears

 

or a notice of default sums

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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