Cca request

[sikez2012]

Made a CCA request to the RBS back in Feb 2015 for an alledged debt of a loan,

 

 

Received the usual were trying to locate the original but it may take some time.

 

 

..roll forward to today 1/05/2015 received this letter from the RBS

 

Please find enclosed a 'true copy' of the credit agreement and a schedule of arrears as requested.

 

This is as they have written-

 

When responding to requests under section 77 the bank may provide you with a 'true copy' of your agreement

in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents)regulations 1983.

 

 

This means that under section 77 there is no obligation for the bank to provide you with a copy of the original agreement bearing your signature

. A 'true copy' does not need to contain any personal information relating to you as the debtor

nor does it need to include a signature box, any signature or dates of signature.

 

We trust this is satisfactory,

 

Then asks me to contact them if I have any queries....

 

The next page is a copy of the personal loan agreement typed out with my address in it, loan amount etc

Next page confirmation of personnel details...

completely blank nothing filled in along with the income and expenditure section nothing it it blank

 

Then a couple of pages of General Conditions

then a couple of pages listing each month since I took the loan amount

showing the amount to be paid..

.any arrears

but nothing showing charges etc,

 

 

There has been charges added considering the loan is now more than the original amount and a quarter had been paid off.

 

What do you think the next step is?

Have they complied with my CCA request,

giving nothing with a signature on/date,

nothing showing terms and conditions were agreed to,

 

Or are they hiding behind the bumph above?

 

To be fair the RBS are saying we can send an alledged debt to whoever we wish bearing no signature no date no signed/agreed

to terms/conditions and your to pay it or agree to it or not.

 

Any help appreciated guys/gals.

Edited May 1, 2015 by sikez2012

[Bazooka Boo]

Any chance you can scan and post up what they sent, suitably redacted of course.

 

When did you take this agreement out?

[sikez2012]

It was taken out in June 2012

 

 

Basically the paragraph that I have written is the only one on the letter sent...plus we thank you blah blah at the beginning and we trust this is satisfactory at the end

[sikez2012]

Any chance you can scan and post up what they sent, suitably redacted of course.

 

When did you take this agreement out?

 

 

Just sorting the scans out now..many thanks

[Bazooka Boo]

Did you take it out online?

 

If the agreement was taken out post 07, then the CCA will be water tight, and what they sent you will suffice if they want to take further action.

 

So a new angle of attack is needed.

Are RBS still the owners of the account?

How much is it?

Has it been defaulted and marked on your credit file?

Have you been paying anything towards this?

[sikez2012]

RBS are still the owners

 

 

Taken out in-branch

 

 

Does post mean before 2007? the loan was taken out in june 2012

 

 

Nothing has been paid since feb 2013

 

 

Loan now stands at £10,525,01

 

 

Arrers £6783.89

 

 

Yes marked as default

Edited May 1, 2015 by sikez2012

[Bazooka Boo]

No post means after 2007.

 

How much was this for?

 

Have you spoken to RBS regarding setting up a payment plan?

 

Did you advise them that your financial situation had changed and you were having some difficulty?

[sikez2012]

The original loan was for £10k..basically I had to leave my then partner of 4yrs due to his son(in prison indefinetly) abusing my then 11yr old daughter...as you can imagine total melt down and had to setup a new home for my children at whatever cost.

 

 

Managed at first but couldn't keep up,hrs reduced at work then made redundant so on benefits although I do work 16hrs a week but still not alot left and with other debts to which I pay £1 per month its starting to take its toll so if I can resolve this one a massive help or if they go down the route bankruptcy?

 

 

Offered them £1 per month but obviously they want more but have no more to give.

[Bazooka Boo]

If you're simply relying on benefits, then they CANNOT demand any more than £1 a month.

 

IMO, I would simply write a letter outlining your circumstances, that you receive benefits, which is what the corrupt rotten to the core government claim is the minimum you need to live on, therefore, you will generously offer them £1 a month as a gesture of goodwill (GOGW), for the foreseeable future or until your circumstances change, on which you will inform them.

 

As a reciprocal GOGW they will stop all interest and refund any/all charges that have been levied on the account.

 

Then set up a standing order NOT a DD!! To pay them £1 a month, if they attempt to take you to court whilst you're generously paying them what you can realistically afford, then the judge will hopefully take a very dim view of this unethical bank.

 

Ooh, as if by magic,.... http://www.consumeractiongroup.co.uk/forum/showthread.php?387358-Request-to-make-%A31-token-payments-for-X-Months-**Correct-as-at-October-2013**

Use that above, edit to suit...

 

Now what other debts do you have that you're paying?