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RonnieRightHook

Ronnie Righthook and RBS Advanta / Mint / Wescot

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This little fella has been dragging along for a wee while and I thought I'd post separately (I have mentioned this issue in other threads iirc).

 

Situation is

 

Debt from RBS Advanta card which has been passed to Wescot. Nothing has been paid in relation to this debt for maybe 2/3 years.

 

After getting hastled by phone from Wescot

I told Wescot "in writing only" - despite this they kept calling me.

I CCA'd RBS

I got more phone calls from Wescot, refused to answer their security questions, yet they still ended up discussing my 'case' - collection is currently on hold while I correspond with RBS directly re CCA

 

I recently received a reply to my CCA request in which I received what I perceive to be an application form (confirmation of my opinion would be appreciated) http://img38.imageshack.us/img38/5079/p7020462anonymised.jpg

 

Hope it views ok.

 

I then wrote back to RBS along the lines of

"As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any prescribed terms means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt. "

 

RBS have now written back stating

"Any request for a copy of an executed agreement under s78(1), states that the company must meet it's statutory requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.

 

When responding to requests under S78 we are compliant if we provide a 'true copy' of the agreement in accordance with Regulations 3(2) and 7(1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents ) Regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally, under Regulation 3(2) a true copy does not need to contain all personal information relating to the borrower, nor does it need to include a signature box or dates of signatures.

 

We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card. We have also supplied a copy of the original and current Terms and Conditions of the card product with the prescribed terms and a statement showing the outstanding balance. We have advised you who you need to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and a gain we are satisfied that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'.

 

I must therefore inform you that we see no reason to enter into further correspondence wiht out about alleged CCA breaches. If you are not satisfied with this response, you may seek whatever legal redress you consider opn to you.

 

We do not consider this account to be in dispute and your indebtedness on this account remains due and payable and we will be pursuing for the full repayment.

All non payments have been recorded on your credit field as has the default due to non payment.

 

I suggest that you take advice from you local CAB or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1)."

 

 

Am thinking at the moment it might be a good idea to do a SAR and find out what other holes they have in their documentation, just in case someone decides to take the matter further. Or do I just carry on putting up with the calls and letters from Wescot until they get bored ?

 

 

Any advice gratefully received.

 

 

Regards

 

 

RonnieRightHook

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You can send Wescot the telephone harassment letter - http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

As for replying to RBS......they know full well what their obligations are and they have not met them!

 

Have you read through this thread?http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thanks for the reply Clemma.

 

I have previously sent Wescot the telephone harassment letter - they seem to just ignore it and call regardless.

 

I will have a wade through that thread (it's gotten huge), but having read through the first page it seems relevant.

 

Thanks

 

RonnieRightHook

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