RBS cca or not

[Honey1932]

Thanks for the clarification CB, I was a bit puzzled by your post Andy but always appreciate a response. I plan to sit tight and let RBS do their worst. I am not fully conversant with creditors modus operandi yet but am learning.

[Honey1932]

Posted that before I saw your new post Andy, will see what Curly thinks.

 

Kind regards

Honey

[Curlyben]

Honey, you are on the right lines with holding fire for now.

We will see what they have to say BEFORE any further action.

[pt2537]

By the way Pt

 

 

NatWest /RBOS dont normaly issue a default note till the third missed payment for your information

 

 

Regards

Andy:)

 

So thats just Natwests choice and NOT a Statutory requirement so they could change their minds and issue at any point then really

 

thanks for clarifying what i sad was correct

 

regards

paul

[Honey1932]

Thanks CB, will be back soon no doubt.

[Curlyben]

No worries.

We'll be waiting

[Honey1932]

Just wanted to share this (not really relevant to above) I was reading different threads earlier and someone was giving us an ear bashing about the morallity of basically trying to avoid our debts and that we were behaving no better than the creditors. Like everyone else probably, if I could pay I would be happily do so, but if there is a legality out there that can help save my home, then I'm sorry but I'm up for it (I used to be under the misconception that an unsecured debt was just that)

 

Last Year I applied to RBS for a refund of unfair bank charges on our family business account amounting to £23,000. They very kindly and generously offered us £4000 as a gesture of "good will". I hadn't found CAG then and was disputing this when the FO put a hold on further claims due to court case. Because I had already received an offer, I decided £4000 was better than nothing if it ruled in the Banks' favour.

 

Together with that and how RSB are currently handling my current account, I am viewing this as getting my money back if I can, rightly or wrongly.

 

I don't care what anybody does to my credit rating at this moment in time because when I get out of this big hole, that my creditors have helped me dig, then I don't intend to seek further credit.

[AndyOrch]

I admire your opinion Honey

 

 

 

ps thanks for the rep

 

 

regards

Andy

[Honey1932]

Thanks Andy and I'm glad for the support

 

Honey

[Honey1932]

Hi

 

I have been waiting for RBS to start ringing and yesterday I received 3 automated calls and today at least 4 automated calls. Tonight I pressed the option that I am no longer available on this tel no.

 

I wasn't expecting this, does anyone know how long before a real live person will get round to calling me and should I act now or wait a bit longer.

 

Honey

[Curlyben]

If you can take the calls, continue ignoring them.

If you feel like it answer them and demand that ALL contact is in writing ONLY.

Don't be drawn to comment on anything else

The old stuck record technique

Wait until they put something in writing and then we'll respond.

[Honey1932]

Ok, but even if I pick up I still have to push a button not to answer, they only give the option to pay arrears or speak to a specialist collection advisor.

 

Honey

[Honey1932]

Just for the record - NO calls today Fri 7th March

[Honey1932]

I received standard letter from Mint on Friday, just pointing out that my account is in arrears as they did not receive the min payment. Late payment fee has been added and the following consequences may occur:

 

I may experience difficulty in using the card

Credit rating may be impacted

Will incur higher interest charges as a reult of a higher balance through

insufficient payment.

 

If I am in financial difficulties please contact etc.

 

What should I do now?

 

I have sent the telephone harassment letter to RBS, enough was enough when they called me at work! I never gave them this tel no, I told them in no uncertain terms I would not discuss personal information at work.

[bifidus digestivum]

As a result of this thread I have requested a copy of my CCA from the DCA dealing with an RBS account.

 

The account was defaulted 7 years ago and no longer on my credit file. Am I right in thinking they can't default it for a second time. I wouldn't want that as my file is looking pretty good now. If they can't produce the CCA then I guess their only option would be to take me to court. That doesn't really bother me as a relative has said they would lend me the money if I lost so I wouldn't get a CCJ. I guess I'm in quite a strong position.

 

Good luck honey, keep us posted.

[Honey1932]

Hi, I have not been defaulted on anything yet and am quite new at this, learning each step of the way. unfortunately I am not knowledgeable enough to help anyone else yet, but by posting what is happening to me, I hope it helps others behind me and I will keep you up to date.

 

Honey

[bifidus digestivum]

Luckily there do seem to be some quite knowledgeable people here. Like you I am new to this CCA game.

[Honey1932]

I have some of the best batting for me, and if I can help you I am only too willing, I've found that understandably it gets uncomfortable at times and the phone calls can drive you daft but the harassment letter does seem to work.

 

Honey

[bifidus digestivum]

I wouldn't get too hung up on the moral issue Honey. Don't forget these are the same banks, credit cards that have been screwing over customers for years.

[Honey1932]

RBS are phoning me on average 4 times per day, sometimes every few minutes.

 

I have sent the telephone letter but it doesn't seem to have kicked in yet, either that or they are ignoring it.

 

Shall I now send letter before action. My second missed payment date is coming up in a few days and I haven't informed them yet the account is in dispute, I just stopped paying. They sent me the unenforceable agreement in October but I carried on paying until recently.

 

Honey

[Curlyben]

Yeah time to hit them with a non-compliance letter:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[Honey1932]

Thank you, will get in post today.

[Honey1932]

Is there a special I adress I need to send it to or just Customer service at Southend-on-Sea. I know their main offices are in Edinburgh

 

Honey

[Honey1932]

Curly, I have just come across this paragraph in their letter to me enclosing the application form:

 

The provision of the "true copy" in this form is made in reliance of Regulations 3(3) and 7(1)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Particulary 3(2) which permits the copy agreement not to show signatures or personal details that my have appeared on the application part of the document. There is no statutory requirement under the Act for us to ever give a copy to a customer with a signature on it.

 

and they they have met their obligations under s.78(1)

 

Could you please explain.

 

honey

[Curlyben]

Don't worry about the 1983/1557 as a number of "people" hide behind this as a get out clause. Also this doesn't apply to s77/78, but pre-contractual documents.

 

After all if they omit your address and signature how can you verify that it is indeed a true copy ?!?!