theanalyst you might want to look at this http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/72974-reply-information-commissioners-office.html

gettingthere CONGRATS.

rbos

Uniboy can't wait for the next chapter to unfold, go for it.

Sorry, what I meant was when I CCA'd them they supplied me with an application form, http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/71723-last-mint-reply-cca.html#post701470 which had none of the prescribed terms and they are sticking by that. I have already writtent to them to supply a proper agreement, and they have now sent me a default notice.

If the`creditors wanted to, they could todate the info. at a touch of a button.

I wish we as consumers had the same rights as them, i.e. register defaults when they don't comply with the CCA requests. Bit of an unfair agreement (if any) don't you think. In any case as someone has already pointed out you can only issue default on a valid agreement.

ony Go for it.

Standard procedure with MBNA First they will send you an application form Then if you dipute they will send you T & C'S If you still dispute they will say something along the line... the credit card mailer we sent you with the credit cards acts as an agreement blah blah blah.. If you still dispute then they will say... you have been paying upto now thus you admitted the debt and therefore it stands......

Fullyskinted any progress on this

I have a similar situation with them, but they have just sent me a default notice. Don't know whether to pay this under the threat of a default.

Hi DMD are you actually paying them anything towards this account, whilst waiting for them to send you the CCA.

thanks Rory ............

Hi AC Any progress with MBNA

Hi Rory-could you please expand on the closure bit.

T4FF Thanks for your comments.

summer24 If they have confirmed they do not have the CCA, then they should not be chasing yoy for payment. But as we all know that the credit industry gives m.....ys about the law. ..

I have no default against my name, just wondering whether they will actually register a default if I didn't adhere to the notice. Normally default notices mention that it will be reported to a CRA if not paid, but the one they sent me has no such mention.

ncf355 Thanks for your comments. I have been following the thread you mentioned. I am aware that they are unable to pursue an account where they have already confirmed they do not have an agreement. In fact the same person I had the above letter from wrote to a fellow cagger and told him that they will discharge the balance http://www.consumeractiongroup.co.uk/forum/natwest-bank/87870-natwest-breach-cca-1974-a.html#post900028 but for some reason not for my account.

bump

CCA'd RBOS after various correspondence including one's where they lied to have sent me an application, finally confirmed UNFORTUNATELY CARD SERVICES HAVE NOT BEEN ABLE TO LOCATE THE AGREEMENT FORM RELATING TO THE RBS GOLD ACCOUNT, BUT SINCE YOU HAVE BEEN PAYING THIS YOU ARE LIABLE FOR THE OUTSTANDING. Even though they do not have an agreement they sent me a default notice. Any advise much appreciated

great result RIPOFFSTOPPER, very pleased for you.

My suggested addition in red

My stragtegy for commencing legal action for non-complainace or no CCA I would write to the CEO of the company along the lines Dears mr CEO I would like to bring to your attention... your company has been unable to supply me a properly executed agreement for an alleged account re: acc. no. 222222..... and contrary to the CCA 1974 your operatives are still seeking to enforce this agreement without realising that this is an offence, Before I commence legal action against your company in respect of such actions I would like a confirmation from you that you are either endorsing such actions or a confirmation that you will not harrase me for this alleged debt and that you will agree to conform to my earlier letter and stop transmitting any data to the CRA's. you might want to recite Ian McCartneys' letter....Larcos etc. Please be warned that in the absence of a reply from you within the next 14 days I will issue proceeding jointly against you and your company.

VERY IMPORTANT A lot of lenders are saying that they do not have to provide an agreement showing your signature, thats fine, BUT one would argue that whenever you fill in an application/agreement most of your personal details are in your own handwriting therefore a TRUE COPY should have your handwritten details and not a computer printout of their standard copy.