Hi i recently sent off for copies of my agreements with these companies cca section78 .I have posted up replies from cap one and mbna no response from rbs they are now well over the time allowed to reply.Any advice regarding my next move would be appreciated thanks. Doc2.pdf Doc3.pdf

Ok cheers Monty

Ok cheers ,what happens now regarding court case? will their sols contact me?

So should i reply to them?

Hi sorry not to clever with a computer i will just write out what they say."please find enclosed a "true copy"of your agreement... When responding to requests made under section 77 the bank may provide you with a "true copy"of your agreement in accordance with Regulation3(1) of the consumer regulations 1983.This means that under section 77 there is no obligation for the bank to provide you with a copy of the original agreement bearing your signature.A "true copy"does not need to contain any personal information relating to you as the debtor nor does it need to include a signature box,any signatures or dates of signature". They have included a credit agreement with figures.APR,etc but no signatures.

Received this reply from RBS would i be right in thinking they are using cca 1974 as amended 2006? Should i reply to them?

Thanks Rory and Monty i will do adjustments and hand in to court tomorrow and keep you informed

another quick point would i have recieved the default/termination notice recently? can,t remember if i got one

Hi Monty the ppi would be about £1600 if refunded, the reason i asked about it was i was told because they had forced me to take the ppi there could be a case for challenging the loans legality.Tried govan waste of time.

We downloaded the letter from national debtline under section 77/79 and sent them £1 postalorder, Should the fact that they forced us to take the PPI form part of the defence and should we put a counter claim with the defence for a refund of the charges put onto the overdraft? Also on the condescendence the type of the account is wrong, but the account no is correct, will this matter? and at this stage should our defence be as detailed even though we have no documentation from them. Also do you know were online I can access previous court cases/findings, as I got a copy of that book you suggested and this quotes these cases but would like to look into these. thanks

Thanks for that Monty great documents, just acouple of points does the SAR request go to baank or SOL or both and should there be any mention of the legal action ?Also i haven't sent them a letter yet putting the account in dispute should i do this now?I will try and adjust your defence acccordingly and post it up for you to have a look at .Again many thanks for your help

The only letter I have requested is a copy of the loan agreement, the bank received this request on 24/12, they did not admit in writing that they don't have it only verbally over the phone, sorry cant open that document you sent, how do I undertake a subject access request?

Hi Monty2007, there is no mention of any documents in the writ, only the amount of the loan and the overdraft, I have posted up the condescendence as it is worded exactly and as you can see there is no mention of any documents. So my question would be is my defence an unenforceable agreement? and how do I go about getting the relevant information, i.e, any charges on loan/and charges on overdraft and any other paperwork relating to my accounts, also can initial defence be ammended when I get relevant information, also do you have a draft letter to request such paperwork? Thanks Leedoe

Hi rory the initial writ states CONDESCENDENCE first part is just about jurisdiction .No2 the defenders jointly and severally obtained loan facilities from the pursuers on a personal loan branch account numbered xxxxxx and as at 10 november 2008 has drawn on the said account to the extent (£15k ish) which is the sum sued for in crave one.The said sum is payable on demand.No3the defenders jointly and severally obtained loan facilities from the pursuers on a advantage gold account now numberedxxxxxxx and as at 10 november 2008 has drawn on the said account to the extent of (1.5k ish) which is the sum sued for in crave two.The said sum is repayable on demand.No4The pursuers have called upon the defenders jointly and severally for payment of the sums but the defenders refuse or at least delay to make payment and this present action is accordingly necessary.PLEA IN LAW The defenders having jointly and severally obtained monies on loan from the pursuers and the same not having been repaid when due.Decree therefor should be granted as craved.The bank told me over the phone the agreement was lost.I haven,t asked for any other documents yet and i dont think we qualify for legal aid both me and wife working .Recieved court timetable today my defence has to be in by19/01/09.Any adjustments to the writ or defences by 13/03/09.preliminary pleas and grounds in by23/03/09andOptions hearing on27/03/09. any help you can give would be appreciated.

Thanks blueda what i now need to know is does my defence need to be in by a certain time i put my NID in on 5/01/09 also i would appreciate some help in constructing a defence if anyone can help

Hi hope someone out there can give me some advice . I received a writ from rbs regarding 15k unsecured loan and 1.5k overdraft . I have been in a dmp for 2 years but recently reduced payments rbs not accepting new offer and have now started legal action at glasgow sheriff court. I filled in form 07(nid) and returned to court i am looking for some help in drafting a defence. I sent a cca request on 17/12/08 it was received on 24/12/08 no reply yet but i had asked for it verbally about 5 weeks before and they eventually admitted they had lost it. When i took the loan originally i was forced to take their ppi (which i got cancelled 2 years ago but no refund) also i was never given a copy of the agreement. Any advice would be appreciated thanks