Rbs Have Admitted They Cant Find My Cca - Can I Stop Paying?

[Guest flubdub]

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[Guest flubdub]

Ok, letter being sent off today. Fingers crossed!

[emmaellis]

can anyone help. i have been in receipt of a letter from debt managers closing my account after i sent them the data protection act subject to letter. they said they cannot send me copies of my financial records etc. as i stupidly paid them monies before this i am wondring whether i can demand a refund from them as they have no proof for me regarding thsi debt. am i in my rights to ask????

[Guest flubdub]

You'd be lucky to get your money back. They dont have to and you'd probably end up in court. Start your own thread about it.

[Guest flubdub]

Received this reply of OFT today;

Consumer Credit Act 1974 (the Act)

Complaint Against: The Royal Bank of Scotland plc

Licence No:

Thank you for your email received on 20 November 2008. Your email has been forwarded to us by the Credit Guidance Team. I apologise for the delay in responding to you.

I am very sorry to hear about the difficulties you have been experiencing however, the Office of Fair Trading (OFT) has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The above mentioned Act established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT. The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection.

 

We have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

Providing copies of agreements regulated by the Act

 

As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreements under these provisions and the lender does not comply with the request, the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

 

Should you require specialist advice or assistance on the circumstances of your complaint (including in relation to the above provisions about copy requirements), you may wish to contact your local Citizens’ Advice Bureau or seek advice direct from a legal advisor.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

You may also find it helpful to contact the Consumer Credit Counseling Service for advice on 0800 138 1111 or visit their website at www.cccs.co.uk.

 

I hope this information proves to be useful to you.

 

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

Samit Patel

[Guest flubdub]

Ok, its now got more complicated and Im worried. I think the bank is getting confused because there are two loans. I sent the letter saying "I find it hard to believe you can lose such an important document, etc, etc", and today I received a reply that I had to sign for! It said "Further to my letter to Stephan Brennan they have located the CCA for loan account number "A" [we'll call it ]. And it all looks correct, but the amount is wrong. Loan A is for £5000, and loan B is for £6700. They say this is the CCA for loan A, but on the cca it says £6700. It also has our old address on, and at the date it was signed, that address would be correct.

 

HOWEVER

The CCA that they sent a few weeks ago that had someone elses signature on, was for the same amount, but had our CURRENT address on.

Ok, so the cca theyve sent us looks legit, although I'll have to check the date because im sure we go it when we lived here, not our old place. And why have they go the account numbers mixed up again? Also, now they have a copy of my signature, will they paste it onto a cca for the £5000 loan? How would I prove it if they did?

 

Its confusing. Im confused and I think the bank is too!

[Guest flubdub]

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[Guest flubdub]

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I dont know what Im supposed to say to them now. Theres been too many misunderstandings