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Hi, In May I sent letters to RBS, M&S and MBNA requesting true copies of my original CCAs from each of them. None of them responded to me and I have now raised a dispute on each account. I have also served each of them with a statutory notice under section 10 of the Data Protection Act, for each of them to cease processing any data in relation to each respective account with immediate effect. They have also ignored this letter and it's deadline I have a few Questions: 1) Can anyone advise me what my next steps should be? 2) Should it be a letter to the Ombudsman? (is there a template for this?) 3) Should I stop paying these companies? (i currently pay them via a Debmt Mgt Plan run by CCCS) Many thanks, Neil

Thanks BankFodder, your clarification is greatly appreciated

Hi, My brother used to hold a savings account with the Portman Building Society which has now merged with the Nationwide. He went into a Nationwide branch to ask for copies of statements of his savings accounts for the past 3 years but was told by the branch staff that he could not have these as 'there would be no record of his old Portman statements following the merger'! I find this unbelievable! Can anyone advise if by law they have to maintain records in such instances? Will he be able to request statements under a Subject Access Request or Data Access Request? If so, will this be under the Data Protection Act or Freedom of Information act? Many thanks in advance, Neil.

Thanks Alan

Is there any time limit on an account being 'in dispute'? I'm currently thinking that if there is no time limit, I could potentially leave my account in dispute, refuse all contact (verbal and written) with RBS for a period of at least 6 years and then claim that any amount that RBS say is due is "Statute Barred" under the conditions of the Limitations Act 1980. Any thoughts on this?

Hi, After much deliberation this evening, I have drafted a letter that I intend to send to RBS...but before i do, I really would appreciate comments from you all.... here goes.... Dear sir/madam, Account in dispute Ref My name Account No xxxxxxxxxxxxxxxxxxxxxxxx Address xxxxxxxxxxxx With reference to your letter dated ddmmyy in response to my letter dated ddmmyy requesting details pursuant to s.78 of the Consumer Credit Act 1974. Firstly, it should be stated that RBS did NOT respond to my request within or on the due date of the prescribed statutory time limit, as such, this account is in dispute with yourselves (RBS) and has been since DDMMYY (14 days from my original request). Not only is this a breach of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 Furthermore, you have now advised me that (quote) ‘….the card agreement has been misfiled and despite searching of our records we have been unable to locate it. Our record of setting up of the card account has insufficient detail to enable us to recreate the agreement with the required degree of certainty’ (unquote). I am somewhat confused by your use of the term ‘misfiled’. Please explain to me exactly what you mean by this. I note that you have confirmed that you are unable to enforce payments from me and that you have stated that I ‘…should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid’. Please can you explain in detail what ‘agreement’ there is between yourselves and myself? As stated previously, this account is in dispute with yourselves. You should be aware that a creditor is not permitted to take any action whilst an account in dispute. You are not permitted demand any payment on the account, nor am I obliged to offer any payment to you. Additionally, you cannot: 1) add any interest or charges to the account 2) pass, transfer or sell the account to any other/third party (i.e A Debt Collection Agency) 3) register any information in respect of the account with any credit reference agency You state that (quote)’… Section 78(6) only prevents us from pursuing the recovery of the debt through the courts’ (unquote). As this account is in dispute, you are also prohibited from passing/selling/transferring this account to any other/third party whilst the account is in dispute as per point 2 above.[/font] In light of the above, I propose the following actions to resolution to close this matter. You confirm to me in writing that you will: (a) write the balance of this account to zero (b) Completely close the account on all RBS and affiliated company’s systems, databases and records © cease all attempts to request payments from me with regard to this matter at any time in the future (d) not transfer this account to any other party (e) not register (or attempt to register) any information in respect of the account with any credit reference agency Please respond in writing within 14 days of today’s date, confirming your acceptance of this proposal. Please also note that I telephoned your office on 27th April 2009 time confirming that I was to be making this request in writing and my identity was confirmed through your security validation checks at that time

Do you reckon they're likely to accept an offer of 10% considering they have no CCA to enforce? I'd be quite happy to leave it 'pending in no-mans land' if they didn't accept my offer

Do you have any idea of how much (i.e percentage of the debt) a DCA pays for each debt? Might be worth me making an offer to RBS equiv to what they get from a DCA to completely close this out???

Cool! Thanks for the additional template So hypothetically, if i stop payments using the 'account in dispute template' whilst asking RBS to write my balance to zero, they MAY sell my account to a DCA. If they do, I send them your 'Letter when account has been passed on whilst agreement request is in dispute' which means the DCA MUST return the debt to RBS. (any exceptions?) So i would then be back to where I started with RBS. Are they likely to get fed up and write the balance off eventually? Do RBS have any other alternatives APART from selling the debt to a DCA? Are RBS allowed to start reporting my account again via the Credit Reference Agencies? (taking into account that (a) the account was terminated by them when they defaulted me in 2002 - Remember they haven't reported my account at all for quite a few years now)

This is a strange one really because I subscribe to credit reports from Equifax, Experian and Call Credit and RBS have not reported this account on my credit file at all for quite a few years. I would find it suprising if they suddenly started to report a debt on an account that they closed nearly 7 years ago when they put a default on it (RBS put a default on it in Sept 2002). Are RBS able to sell a debt without an original CCA? Would a Debt Collection Agency buy a debt without a CCA?

Hi everyone, I recently sent of letters to my creditors requesting copies of my original, signed Credit Card Agreements and I have just received a reply from RBS on which I'd appreciate advice. The letter from RBS reads as follows: We regret to advise that the card agreement has been misfiled and despite searching of our records we have been unable to locate it. Our record of setting up of the card account has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires, and i return your £1.00 fee. In the circumstances we appreciate that under s.78(6) of the CCA if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the debt. However, we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the Credit Reference Agencies. Payments must continue to be paid using your monthly statement which will be sent to you. Section 78(6) only prevents us from pursuing the recovery of the debt through the courts. Should further assistance be required, please do not hesitate to contact us at the above office. I trust that this clarifies the matter for you. So basically they are admitting that they cannot enforce this agreement anymore as they are unable to find the original signed CCA. Furthermore, they put a default on my account in September 2002 which has now expired and they are not able to place a second default against me. I have a debt management plan with the CCCS, to which I pay monthly and the CCCS distribute this money to my creditors. Please can someone help answer the following questions that I have... 1 - Should I now instruct the CCCS to stop paying money to RBS? (I have a balance of £1,131.35) 2- RBS have confirmed that they cannot seek recovery via the courts, are there any other ways they can seek recovery? 3 - Should I now send a letter to RBS confirming that as they cannot evidence the original agreement that I no longer have a valid agreement and request that they therefore cancel the debt? Many thanks in advance, Neil

Hi MC, Thanks for your post, it has given me some clarity and a little more confidence now! If I do go ahead and take Egg to court, would I also be able to request that they re-pay the monies i've paid to them as the agreement was unenforceable? I've sent of CCA requests to my other creditors too (RBS Cards, M&S (loan), & MBNA to assess the status of my original agreements with them Many thanks, TG

Is there anyone who can give me a step-by-step of what I should do now? (inc links to any template letters if at all possible?) Many thanks, Neil

VERY interesting pussycatdoll!! Especially as my debt with them when they applied a default to my account back in October 2002 was £10,500!!! I still owe them £3,500 ish. I like the sound of the first option of 'a refund of interest paid to date plus compound interest' as this will be huge!!! Can you or anyone give me a step-by-step of what I should do now? (inc links to any template letters if at all possible?) Many thanks, Neil ps - i've just had my mortgage broker call me today advising of a 'new service' that they are offering re unenforceable loan recoveries!!!