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AIC are referring me back to RBS


babyblued
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Good morning,

Sorry this is a bit of an essay but I thought showing the letters would make things clearer.

I am playing a very annoying and stressful game with AIC. They demand money then when I send them a CCA they tell me they are acting on behalf of RBS and tell me to go to them.

 

Here are the letters

 

First letter sent on 24/06/10 from Allied International Credit Limited after CCA Request on 21st June 2010

Thank you for your recent letter dating bla bla which I have attached for your reference.

 

As we are currently acting on behalf of RBS Card Services in respect of recovering the outstanding debt on this account, we are unable to comply with your request. Such requests need to be addressed to the legal owners of the product, which in this case is RBS Card Services

 

To enable them to provide the documentation you have requested you would need to contact the bank directly by writing to:

 

Insolvency & Client Support

1st Floor

Thanet Grange

Westcliff on Sea

Essex

SS0 0EJ

 

You will also need to ensure that your request is accompanied by a payment on £1.00 (cheque or postal order made payable to the client name as stated above)

 

May I also take this opportunity to remind you that the full outstanding balance on the account is due and owing. You will need to contact our offices upon receipt of this letter to prevent further recovery action being taken.

 

Yours sincerely

 

NOT SIGNED!!

Allied International Credit

0141 226 3111

 

In response to this letter I send this on the 07/07/10 I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

 

I clearly explained in my original letter what I expected from you, therefore your response telling me to go and speak to the original creditor is way out of line and I refer you back to your legal obligations, in particular s.175 (CCA1974); quoted from my original letter, below;

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

As is evident from the above quote, it is up to you to do any running around, not me! Therefore I put the original request back to you and expect a response within the time-scales allowed. I request that you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply. If you cannot find the information then you are to return to the original creditor and ask them for it - I will not.

 

Attached is a copy of my original request and the original payment in the sum of £1.00, which is the statutory fee - remember these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems. I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

 

Yours faithfully

They returned my Postal order with a compliment slip on the 19th July and I heard nothing from them until I sent an account in dispute letter on the 20th of October.

 

Thank you for your recent letter dated bla bla

 

I have enclosed a copy of a letter sent to you by AIC dated, where you are advised that a CCA requests are to be made to RBS directly. AIC are unable to make this request on your behalf

Yours sincerely

SQUIGGLE

For Allied International Credit

0141 226 3111.

 

At his point I am frustrated and tired. Has anyone had the same problem? I thought the DCA demanding the money should be the one to produce the CCA whether or not they are acting on behalf of anyone or not.... :/

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  • 3 weeks later...

AIC are talking a load of old **** send them account in dispute and stop all communication with them. When they howl then again tell them you are waiting for them to comply with your CCA request, the fact they have returned the £1 fee is immaterial they are legally required to comply they don't have to accept the fee.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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babyblued............just posted a very similar thread concerning DCAs and Halifax,at least the last DCA has stated (along with the other 2 DCAs) that recovery is on hold until they have investigated the account in dispute and SAR breach.So as Dpick states tell AIC to get of their BUTTS and comply with the legal requirement of a CCA request,and thank them for returning your postal order,will save it for the next DCA that their client might decide to use.................and while they discuss the matter with the OC no further communication from them will be replied to,the whole ping pong with DCAs is a total waste of time and I feel there should be a time limit on CCA and SAR requests dealt with by DCAs and OCs,I am approaching 2 years of default/breach by Halifax and very much like yourself am P..............d of with the whole situation............all the very best..................FS

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