Fantastic, I hoped that would be the case. Thanks a lot for the prompt reply!

Hi all, For background, my experience is almost identical to this topic. I sent Link a CCA Request which they eventually, kind of fulfilled; but I strongly suspect that the reconstituted agreement I have received from Link is unenforceable. It is for a £5k debt (current balance) with Barclaycard and I took the card out circa 2013. As you will see, there are different typefaces and although redacted, there are two different addresses on the two sets if T's & C's which at the very least is suspect. There is also no checkbox showing my consent. I was paying via StepChange until last month. Please can somebody advise me if the upload is enforceable and what my next steps should be? Thanks! Link-Barclaycard-121020-Redacted-Optimised.pdf

Hi, Apologies if the info/advice I'm after is elsewhere on the site but I haven't been able to find anything definitive. I have a bank account with Abbey/Santander with defaulted in Feb 2006 as a result of charges applied to the account, I was making replayments prior to this and the settled the account (all through a DCA). I then made a claim for the charges later that year Aug 2006, which has since been stayed; am I correct in thinking that the account wasn't in dispute when the default was applied? If that is the case then what would be the best approach for getting the default removed i.e. can I still go down the default on a disputed account route or would I need to try another way? I have read the post here and it would seem that approach may be out of date. Any advice would be greatly appreciated Many thanks stevieb52

Thanks for the info Debbbbsy, I have been sending them to the head office via special delivery. Still not heard anythings else and I'm inclined not to push it at the moment as the onus is on them to provide the info not us to make them and I think this will strengthen our court case. I'll defo keep the details though so thanks v much! Steve

Thanks Paul, I'm not sure if you can help but I need to provide the court with the standard disclosure by list before 4.00pm next Monday. Do you think I should I include their reply in the list? Thanks Steve

Thanks debbbbsy, I sent the letter and there has been no response so far given the experience you've had I'm not really expecting one! Its all going to court so hopefully it'll help the case that they haven't responded with the info they should have! Hope you get a response soon.

Sorry to bump this but I really could do with some advice re this CPR Part 18 request reply, please can anyone help with explaining what it means or have any ideas as to how I can reply/contest it? Thanks Steve

Hello, Given that the RBS didn't supply all the info requested under the S.A.R - (Subject Access Request) how does this seem for a response: "Dear Sir/Madam Account No: xxxxxxx Sort Code: xxxxxx s.7 DATA PROTECTION ACT 1998 – DATA SUBJECT ACCESS REQUEST I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 06/05/08. The disclosure of personal data is incomplete in that at least the following documents are missing. • Copies of all original Consumer Credit Act agreements for each account held in my name • Details of all assignments, whether equitable, absolute, legal or otherwise, of the account and documentary evidence of such assignment • Details of all manual intervention that has taken place on accounts held in my name, with documentary evidence of such. • Details of logic involved in any automated decisions you made about me or my accounts with you. This is not an exhaustive list by any means, it is just an example of some of the information I am missing. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998. You have a further 28 days to comply. Yours faithfully," Any thoughts/advice would be appreciated. Thanks Steve

Hi there 2Grumpy, This is the version I/we sent: Dear Sir/Madam Account No: xxxxxx Sort Code: xxxxxx s.7 DATA PROTECTION ACT 1998 – DATA SUBJECT ACCESS REQUEST I request that RBS provides me with all details held regarding my accounts, including, but not exclusively as I require access to all information relating to me as a Data Subject under the Data Protection Act; • Details of all default charges for unpaid items and fees charged for managing the above account, which I have paid in the last six years • Copies of all original Consumer Credit Act agreements for each account held in my name • Details of all assignments, whether equitable, absolute, legal or otherwise, of the account and documentary evidence of such assignment • Details of all manual intervention that has taken place on accounts held in my name, with documentary evidence of such. • Details of logic involved in any automated decisions you made about me or my accounts with you. Please note that this is not an exclusive list, as I require access to all information held by RBS regarding me, as a Data Subject under the Data Protection Act. I understand that RBS is obliged to provide this information under the Data Protection Act 1998. I have enclosed a £10 postal order to cover the statutory fee that can be charged for this service." So yes we did specifically request the copies of the CCA agreement(s), so should I write back asking for this info? Thanks Steve

I also should have mentioned that the SAR sent to the RBS recently has been replied to, they have supplied a list of all transactions for the last 6 years (to the day). They have completely ignored the fact that there was a request for a copy of the original signed agreement, can I go back to them asking for this as they haven't complied with everything detailed in the SAR? Thanks Steve

Hi nicklea/vselym, I also have received a copy of the case details from the court, which states the Particulars of claim as the following: "By agreement entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of x or any part thereof. The Claimant has requested payment but the Defendant has refused or delayed to pay. The Claimant claims the sum of x and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from x/x/2007 until judgement or sooner payment. Costs. The claim does not include issues under the Human Rights Act 1998." I hope that helps with regard to forming a defence please let me know if I need to get any other info. Thanks for your help Steve

Hi vselym I only have a poor quality photocopy of the letter so I'll write it out, the cca request was sent to the RBS: "Dear Mr x Re: Request for copy agreement, section 77-79 of the Consumer Credit Act 1974 We refer to your recent correspondence dated x/x/2007 regarding the above act. Due to the bank previously obtaininga County Court Judgement on x/x/2007, the sums due to the Royal Bank of Scotland are being recovered within the terms of the judgement and not the original CCA. Therefore, the Bank is not required to supply you with a copy of the credit agreement under the Consumer Credit Act 1974. Should further assistance be required, please do not hesitate to contact us at the above office. Yours sincerely...." Thanks Steve

Hi nicklea I am still waiting on the resent court forms, I'll post again when I have something. Thanks Steve

Hi vselym I presume my family members must have acknowledged this already otherwise as Nicklea mentions they would have taken out another default? I have a copy of a letter acknowledging reciept of the CCA request and which includes their justifications as to why it doesn't apply. I have sent the CPR Part 18 Request and received the following response... "We acknowledge receipt of you Part 18 request which was made on the X May. We are taking the claimants instructions regarding your request, however we consider the request to be premature in mind the court has set a date for disclosure of the X June. We do not consider that the Claimant would be required to provide disclosure earlier than this date and any application in this regard will be defended vigorously. Yours faithfully..." Any ideas what that means or whether I should challenge it?!

Hi nicklea, thats good advice and yes points 1-4 are correct. I'll follow your advice and add the info once I get it. Thanks very much Steve