Wetcloths Chasing Very Old RBS Style Credit Card debt

[mick2702]

Hi wondering if any one can help me

 

I was contacted by Westcott regarding a dept owed to TRBOS for aprox £900

 

I contacted them asking what the dept was

 

they informed me it was a style card which was opened around 9 years ago,

I may or may not have opened this in a time where i went mad with credit.

 

I sent of for a copy of the agreement under section 77-79 of the 1974 consumer credit act

to which the sent me a blank copy of the terms and conditions of the account

with a pre contract information sheet with my name printed on it.

 

I informed Westcott that i wanted a copy of the agreement with my signature on it,

to which i was given a different address to send of to,

 

i received a letter today saying that leagaly all they had to send me was a gopy of the agreement

and terms and conditions of the time the account was opened,

 

I contacted TSBOS on a number supplied and was told that they no longer have a copy of the original signed agreement

as they don't have to keep them after 6 yrs.

 

I just want to see the orginal signed aggrement before i aggree to pay anything.

Can any one offer any advice please :?:

[dx100uk]

sri whats TSBOS?

 

you mean HBOS bank of Scotland.

 

go get your credit file

 

I bet this is statute barred

 

if you've not used it in +6yrs.

 

typical of wescot to try and fleece people

 

dx

[mick2702]

its the royal bank of scotland

my spelling sucks sorry

[mick2702]

ive contacted the royal bank of scotland directly to obtain the original agreement that i signed and was told they dont have it

Am i right in understanding that if they cannot produce the agreement that has my signature on it the dept is unenforceable?

Westcott say that even without this agreement i must pay the dept

[renegadeimp]

Did you send a proper CCA request? If they cannot produce a valid CCA or reconstituted CCA, then have a good laugh at them and tell them to bog off.

 

They can still chase you for the debt, even though they cant legally enforce it, but you can fire off harassment letters. DCA's will try a morality trip on you, and will try and turn that into a harassment campaign against you.

 

better to nip it in the bud before they start passing it around.

[mick2702]

yes undersection 77-79 of the 1974 consumer credit act they sent a copy of standard agreement that was used at the time with terms and conditions on

"this is a copy of your agreement for you to keep"

 

but nowhere on it was any signature or anything relating to me

 

I then sent another request to a different address that wescott supplied asking for the original agreement with my signature on

 

to which the reply was we have already supplied the required documentaion under cection 77-79 of the 1974 consumer credit act.

 

I rang them direct to ask why i was not given a copy of the original as asked for

and was told they dont keep the agreements after 6 yrs

Edited March 11, 2014 by mick2702

[mick2702]

what is classed as "reconstituted CCA"

[citizenB]

what is classed as "reconstituted CCA"

 

Whatever they think they can get away with ?

 

When did you last make a payment or acknowledge this account ?

 

In order to satisfy a proper CCA request they are obliged to send you the following..

 

Copy of, or truthful reconstruction of the agreement as it was at the time of signing

Terms and conditions from both inception and current or at time of default

Statement of account.

 

HBOS/RBS will simply produce sets of terms and conditions that generally dont connect with anything. If you can say for sure, that the stuff they sent you was not present at the time you entered into the agreement, then they will have to go back to the drawing board.

[mick2702]

According to them the last time a payment was made was in 2009

[renegadeimp]

Forget what they say. Get a SAR off to the OC and check your own statements. DCA's are well known for inventing fake payments.

[dx100uk]

yes and stay off that phone!!

 

did you get your credit file

 

DID you pay this debt until 2009?

 

dx