Any suggestions please?

I have exchanged a number of letters with the bank now. Mainly I wished them to show how they had arrived at the balance they claimed as, because I had not had any communication from them for 5 years, there was no way of knowing what, if anything, might have been due. They finally sent some statements so I returned the 'financial statement' form which they asked me to complete. This showed that my situation now is vastly different from 5 years ago and that I have no surplus income and just about get by with the aid of state benefits. I asked if they would consider writing off the debt and needless to say they have refused. They have said I should pay £1 per month for the next 6 months at which time they will 'review' the situation. Given that they did not produce an acceptable copy of the original agreement, and also that I don't think I will be able to stand the strain of having this hanging over my head for the rest of my life, would it be better for me not to start making the token payments and request that they take it to court and 'do their damnest'? What does anybody suggest? All comments gratefully received!

Thank you again for your help 42Man. Letter will be composed and sent today, will post again when any response is forthcoming.

P.S. Think I discovered how to 'tickle your scales' - hope you enjoyed it as much as I!!

Steph

Forgot to mention - I have not edited anything out of the scans, this is exactly as sent.

Thank you again for your help. How do I 'tickle your scales'?!!! Sounds like great fun!

Brilliant, thank you so much 42Man. I have finished uploading the scans anyway, if you have time to check I would be most grateful.

tolstoy-2008 - Photobucket - Video and Image Hosting

Please can you clarify for me what, in my case, is missing from what they have sent?

Hello 42Man!

Thank you so much for your response.

No, what they have sent is simply 5 pages of terms and conditions. It contains no personal information whatsoever. At the top it says

'The following details about the card form part of the credit agreement between us (blah blah bank) and you the principle cardholder. The general conditions applying to the card are set out separately.

Cardholders name - This is blank

Address (To be filled in by the Principle Cardholder) - This is also blank.'

That's about as personal as it gets!!

Does anybody know if a generic set of terms and conditions satisfies the legal requirement for producing a CCA please?

I have now received reply from the bank to my letters requesting copy of my credit agreement. They have sent 5 pages of terms and conditions. At the top it says 'This is a copy of your credit agreement for you to keep'. Having studied the sticky about what needs to be contained within the agreement I would say it meets the requirements laid down. However there is absolutely nothing on any of the pages which relate the document to me personally, or indeed anybody else! It is simply a copy of the terms and conditions. Can anybody be kind enough to suggest what I should do now? Thanks.

Today received letter from bank (17 working days after request for agreement) thanking me for my 'complaint', which they say they will respond to within 10 days. More delaying tactics I suppose, presumeably they need more time to 'recreate' the agreement!

Thank you 42man. I will indeed keep posting developments if any, I'm feel sure their axe is poised to fall upon me at any moment !

As it is now 14 working days since I my special delivery letter (requesting agreement) was signed for and no reply has been forthcoming, I have today sent a further letter (also by special delivery) advising that I believe they cannot take further recovery action until they have complied with my request for the agreement. I have also asked for details of the transactions which demonstrate how they have arrived at the figure which they claim is due. Anything further which I need to do please?

Thank you

Yes, I posted a link about this a couple of weeks ago! I think that it was, ironically, the new requirements for creditors to issue additional paperwork that caused the 'tidy up' which unearthed my 5 year dormant account to be unearthed! Thus the rush to default it before 1st October!

Have just made small but perfectly formed donation.

I have no idea what all this hoo ha is about but I am glad the site is here and more than happy to make a contribution. Please feel free to use it to make a point, say it with flowers or put it on Debtors Revenge to win the 2:15 at Newmarket!

Good luck team!

Your business account is possibly safe if it is in the business name and not your own.

Although the account name is that of the business, I think because it is a sole trader account, it is actually still my own account i.e. I am the account holder. So very worried!

Does anybody else know anything about these new regs?

I expect everybody knows about this already, but I have just found out about new regulations relating to credit agreements - requests for documents, default notices etc - came into effect on 1st October 2008 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf I think this explains why my creditor chose to 'default' my account last month, even though they have sent me a statement saying that payment is not due until 27th October

Yes, I have thought about that. I have virtually nothing in my personal accounts, but I am concerned about my business account which is only a sole trader business. Although there is nothing in it at present, obviously quite largish amounts come in from time to time when a job completes from which I need to pay the subcontractors who have done the work. If they put the snatch on that before subcontractors are paid I would be com pletely and utterly stuffed and the business, small though it is, would go straight down the pan. It's a nightmare

Thanks for your help. Is that possible? Although the drawback would be that my current accounts, business and personal, together with a small loan which I took out earlier this year, (all of which are glowing green on my credit report), are all held with RBS as well as this ancient chargecard. As the small loan application and business accounts were all approved without question, it would appear that the credit card division and the personal banking division have no knowledge of each other, and until now, this chargecard account had fallen down a black hole in the system. I suppose now the two divisions will unite over this damn thing and goodness only knows what will happen then. Any suggestions?

I made payment over the phone using Switch. Within a few days a normal statement arrived, as it has done for the last 5 years, showing exactly the same balance as ever PLUS - Payment received Thank You ---£20. So it is my guess that if I don't pay the whole amount by 23rd October THAT is when it will default, not back in 2003 when last proper payment was made. Bummer eh?

Thank you pinky. My goodness, nothing is what it seems is it! No, I shall hang on and wait to see what transpires over the next 12 days before doing ANYTHING!

Thank you TC! Yes its a little odd isn't it?! But all support welcome! Just posted another thread, I have fallen into trap:(

I received a default notice last month for a Charge Card account which I had not made payment on since 2003. Upon receiving the default I contacted the creditor and was asked to make a 'token' payment of £20 which I did. I can hear everyone groan at my naivety! Had I not made this payment then under the terms of the Credit Agreement the creditor should have registered it as a default after 3 months without payment, and the fact that they have done nothing for 5 years would have meant that I could have taken issue with them over this. Because I have now made the token payment then they are able to register it as a default 3 months from the date of the token payment and I am stuffed! I want to cry!

Thank you! After having done the wrong thing with making token payment, I am so worried that I will drop myself deeper into the mire purely out of ignorance!

Good morning all!

I have sent a request for copy of the credit agreement as advised. As the creditor involved is RBS, I see from other threads it is likely that I will probably receive a recreated version! However, in the meantime, can anyone advise whether I should complete and return the Financial Statement form which they have sent me, or should I just await the copy of CA? I can demonstrate quite clearly that I have virtually no disposable income.

Please can someone advise on the legal aspect here? If my account is defaulted can I ask for it to be shown on my credit file as defaulted in 2003, when payment should have been made? http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162290-when-default-not-default.html

Many thanks

Thank you PGH7447. Please can you tell me how to go about contacting surfaceagentx20, or do we just hope that he/she will spot the post?