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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Littlerich's girlfreind vs RBS


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The story so far..

 

We had my girlfreinds statements going back 6 years and added up all the charges. These came to just under £3000. Sent a prelim letter. Waited for 2 weeks got a standard "these charges are fair" letter sent a LBA. WIated 2 weeks and got a letter saying the were investigating. Sent a third letter saying as a gesture of goodwill will let them investigate as long as they could give me a date when they would have completed their investigations. I gave them 2 weeks to respond. I have now received an offer of approx £300 less than the charges we are claiming. Am I right I have 3 options:

1. Accept offer (Not planning on doing so)

2. Accept as part of full claim and tell them I am taking them to court.

3. Just take them to court.

 

Is there any advantage of either. Think of option 3 at mo.

 

Thanks.

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Not really. 2 and 3 are pretty much the same, just an extra letter. In order to keep things formal and ensuring you have followed every step correctly, I would do number 2 so you can prove that you have rejected their offer. Don't send them a letter informing them you WILL take them to court - don't give them any more notice. File your claim ASAP, then send them a letter accepting it as part settlement and inform them you HAVE filed your claim.

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If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 4 weeks later...

I have sent a letter accepting their offer in par settlement and gave them 10 days to respond. The 10 days have now past and unsurprisingly no response. I am now about to go to the moneyclaim site to start proceeding's. My question is with regards to date the account was opened. How accurate does this need to be? It was 15 years ago so my girlfriend can't remember the month. will this matter?

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If you can pin it down to the right month I think that should do. It' not really all that relevant to your case, but shows you have had an account for some time.

 

I Just put 'account opened around August 1989' because that's when I started my first Job that needed a bank account....

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I would use the local branch address as this ties it to your local court. Alternatively use the litigation address in London.

 

ROYAL BANK OF SCOTLAND PLC

RBS Litigation,

1 Princess Street,

London,

EC2R 8PB

 

The branch address is perfectly valid as it is, but if you use the Litigation address make sure you specify your local court as the location for the hearing (this is a box to fill on the MCOL form I believe)

 

Clicky scales if I have helped at all....thanks

 

Phil

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Mmm...I'm not entirely sure about MCOL, but I think you possibly should have sent all 3 copies to the Court. They get bundled with the claim, sealed and sent out. 1 Copy each for you, the bank and Court.

 

I'm sure somebody more knowledgeable will be along to correct me if I'm wrong.

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  • 1 month later...

RBS acknowledged day on the 13th day. Cobbetts have submitted what from what I can see on the posts is the standard defence giving 14 days to repond. Do I wait for the court to send info or do I reply direct copying the court. I am having trouble finding posts that suggest what response should be ( Me prob being blind! ). Can someone suggest a response or point me at a post that could help? Not 100% fluent in legaleese.

Thanks.

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