I am currently investigating the enforceability of two credit card accounts which were held with Royal bank of Scotland

They merged both cards together at one point, Classic Visa with Gold visa to give one card with one credit limit as opposed to two cards with two limits.

I have requested a subject access request report from RBS over a period of several months so that I can fight the case.

They have eventually come back to me with some statements for the initial account

however they have admitted that they cannot obtain the credit agreement for the first card (RBS Classic Visa).

My issue is that this card was cancelled when they transferred the credit limit over to the other card as there was a zero balance on the card at the time.

They have supplied me with the following information which I am now quoting from there letter received by me on Friday 5th March 2010

“Our records advise that we have completed a subject access request on the above account which has been sent to you.

However whilst investigating this I have been able to trace statements for you other credit card account **** **** **** ****, I apologise that this information was not sent to you with our previous response.

The Fifth principle of the data protection act 1998 states that personal data shall only be held for as long as is necessary to carry out the purpose it was collected.

Therefore the Bank holds personal information which is necessary for maintaining your account.

As the account **** **** **** **** has been closed for some time, the only information we hold in relation to the account is copy statements.

It appears that the account was opened around May 2003 as the statements only date back to June 2003 and shows a zero starting balance.

I have enclosed the statements and I confirm that we have been unable to obtain a copy of the signed agreement for this account “

My issue is that they merged the two accounts around July/August 2007 when the credit limit increased from £6800 to £9100 (£2300 credit limit used to increase the value on the initial card which was then cancelled)

GThey also offered a 0% balance transfer programme at this time as an incentive to merge both cards.

They have only supplied me statements from the initial card up to July 2006 even though there was a zero balance up to approx April 2007 when the card was used then cleared again so they are clearly not giving me all the necessary statements in the SAR Request.

I am also investigating the fact that the interest rates have dramatically increased since the time the card was taking out and looking at the possibility of an unfair relationship claim if the Unenforceable credit agreement claim fails.

Where do they stand with merging the cards since they have now admitted that don’t have a CCA for the card??

I have been paying a token payment of £25.00 to the RBS forover 4 years now on a defaulted credit card. I have a question in relation tothe Scottish law when it comes to a defaulted account becoming Time Barred.

Due to the fact that I am paying a token payment towards thecard each and every month and have done for four years does this essentiallymean that the default will never become time barred?

Yes ..............statute barred means where there has been no payment or acknowledgement for 5 years

Is there any ppi or charges that can be reclaimed ?

NO PPI on the card, charges now are all associated with the overdue payments. They did however stop charging interest on the card a long time ago so I am only effectively paying what is owed up to the point of default.

I incorrectly though that after 5 years this would go away. I take it since I am making payment then until we come to some sort of agreement on a full and final settlement then this can go on until the debt is cleared........ At this rate 15 years!!!!

this will stay recorded on your credit file for up to 6 years after the account is settled.

It may be worth your while to send a SAR to see the amount of charges you could reclaim

Hi I am in the same boat as you. I have been making token payments to RBS on a credit card for years, interest is frozen. The default has now dropped off my credit file as it is over six years old but because I have been making regular payments the account is not statute barred.

if you have overlimit fees

get them back

dx

Im probably going to make a settlement offer on this one as I have two complaints now upheld by the IOC and the FOS for lack of information being provided on an SAR and various other requests. In theory If this was to go to court I think they would have egg on there face but not prepared to go that far just want it cleared.

If I can get this settled within the next 12 mths the record should come off my file anyway as the default will then have hit the 6 year period where it is recorded on my credit file and the account would have been settled anyway

I have an old Credit card debt with RBS which defaulted in Sept 2009 approx. £6300 still due. It no longer shows on my credit file as it dropped off last year. I have been paying £25.00 per month without fail every month towards it for more than 6 years. As I have been making payment it doesn't come under the same rules as being statute barred (Or does it?)

I have received a letter stating that Westcot Credit Services will be managing the repayment plan going forward and they will contact me in 14 days.

The minimum payment given to RBS was accepted by them in correspondence going back a few years now however they continually asked me to pay more to which I ignored all correspondence and just kept paying the minimum amount that we had agreed. They referred to this as a temporary arrangement.

What is the situation with Westcot? I clearly don't recognise them as the debtor and as far as I am concerned my original complaint to RBS is still in dispute however it was easier to pay the £25.00 per month.

If RBS have sold the debt to Westcot then I have grounds for unlawful rescission of contract as they haven't told me they were selling the debt. I assume they are just managing it on RBSs behalf?

Any thoughts?

It will never become statute barred as you are still making payments to it...Wetcloffs are merely ambulance chasers...they dont buy debts.

Andy

PS why does Scottish Law apply? Do you reside and did you enter the agreement in Scotland?

Thanks Andy

I reside in Scotland and the agreement was made in Scotland.

Essentially then I can just ignore as I already have an agreement in place?

Well you have to decide if you wish to pay Wetcloths your agreed amount or continue paying it to RBSs...I personally would have stopped paying it in 2009 and now it would be extinguished (5 years).

I would send Wets a section 78 request and see what response you get ....

oh yes CCA request time!!

dx

I've merged 3 old threads here for the complete history.

looks like the CCA was non complaint from before?

need to read the whole thread first mind

dx